Effectiveness of Simple Lawsuits in Sharia Economic Disputes at the Garut Religious Court

Abstract

The growth of sharia economy in Indonesia has created its own legal dynamics, especially in resolving disputes arising from sharia-based economic activities. Small claims are present as an alternative solution to the slow conventional judicial process. Supreme Court Regulation (Perma) No. 14 of 2016 provides guidelines for the procedures for resolving sharia economic disputes quickly, simply, and at low cost. This study focuses on the effectiveness of the application of small claims in the Garut Religious Court as a case study. This study uses a descriptive qualitative approach with data collection techniques through participatory observation, semi-structured interviews with judges and staff, and case documentation studies and laws and regulations. Data were analyzed by data reduction, categorization, and confirmation of data validity. The results of the study show that the majority of judges understand and apply Perma No. 14 of 2016 in handling sharia economic cases. The trial process through small claims is faster (average 25 days) and costs less than ordinary claims. However, the lack of socialization to the community and administrative constraints reduce the efficiency of implementation. In conclusion, simple lawsuits have proven to be able to fulfill the principles of fast, simple, and low-cost justice in the context of Islamic economics. However, its success is greatly influenced by the readiness of the court's human resources, the clarity of regulations, and the public's understanding of legal procedures. The use of simple lawsuits in the context of Islamic economics is very appropriate, because the majority of cases are low to medium value, but have a large social and moral impact