THE EFFECTIVENESS OF CLASS ACTION JUDICIAL PROCEDURE IN INDONESIA LEGAL SYSTEM

Abstract

The aim of the study is to explain about the effectiveness of class action judicial procedure in fulfilling community rights protection according to Indonesia legal system. Class action is a civil lawsuit filed by someone or more people representing the group that is harmed to file a lawsuit to the court because of the similarity of facts and legal basis between one or more people who represent the group and the group represented. The state ideally exists to guarantee, protect, and fulfill the fundamental rights of every citizen, but there are some members or groups of the people who are harmed by the policies of the government which have implications for the revoking of some of the fundamental rights of the citizens. In this context, the Indonesian legal system has regulations specifically to obtain justice for all citizens, which are called class actions. Through the use of normative juridical methods, this study concludes that most people in Indonesia do not know and understand legal remedies through class action, even though the legal arrangements regarding class action lawsuit have been regulated in the Environmental Management Law, precisely in Article 37 paragraph (1) and (2), including the Supreme Court Regulation Number 1 of 2002 on Group Representative Lawsuit Procedures. It has impacted on the lack of fulfillment of a justice sense for the community in obtaining their rights in the court system.