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Legal Basis

The Commercial Court was established by Act Number 1 Year 1998 on Bankruptcy and Suspension of Payment. It is a specialized court established under the jurisdiction of general court with authority to hear and decide certain commercial cases. When it was established, it has sole authority to hear bankruptcy and suspension of payment cases. Later the authority is expanded to include dispute on Intellectual Property Cases. Recently commercial court’s authority has been expanded to include disputes in the process of liquidation of bank’s conducted by the Savings Guarantee Agency (Lembaga Penjamin Simpanan-LPS).

Jurisdiction

Currently the authority of commercial court covers the following cases:

  1. Bankruptcy and Suspension of Payment Cases and all matter related to it, including annulment of preferential transfer, review to the result of verification of claims.

  2. Intellectual property right which include Industrial Design, Integrated Circuit Design, Patent, Trade Mark and Copyright.

  3. Savings Guarantee Agency which include dispute which cover liquidation process and claim over annulment of all legal action committed by bank which caused reduction of assets or increase in bank’s obligation, committed within the past year prior to the revocation of the license.

Place of Seat

Commercial court is a specialized court of first instance under the jurisdiction of general court. The Commercial Courts sits in District Court of Central Jakarta, District Court of Medan, District Court of Semarang, District Court of Surabaya, and District Court of Makassar.

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