The Settlement Analysis Of Civil Lawsuit Cases For Tort In Surakarta District Court And Surakarta Religious Court

Abstract

This thesis explores the topic of “The Settlement Analysis of Civil Lawsuit Cases of Tort in Surakarta District Court and Surakarta Religious Court” through a comprehensive literature review and original research. The objectives of this study are to know the judge's consideration in determining and deciding the trial of a civil case for an unlawful act (Tort) at the Surakarta District Court and the Surakarta Religious Court. The methodology used to achieve these objectives of this research is a qualitative method with an empirical juridical approach, namely an approach in the form of an understanding of the role of the object of research activities with the implementation of laws governing legal aid. From the data that has been obtained, then carry out an analysis to be able to answer the questions in the focus research that are about how tort cases occur, how is the settlement, and how the judge’s consideration in deciding the trial of tort cases. The results of the study indicate that the majority of tort civil cases that occurred in the Surakarta District Court and the Surakarta Religious Court had the same pattern, namely

xxii

between creditors and debtors that began with wanprestasi committed by one of the parties. Meanwhile, there are significant differences in the type and amount of tort registered to each court, as well as the understanding of court officials regarding tort. As for the settlement in court, both District Court judges and Religious Court judges are based on the same procedural law.