The Supreme Court has formulated a Draft Bill on the Commercial Court. In 2004 – 2005 there was an extensive needs assessment done with a view to establishing a commercial court. Unfortunately, this needs assessment did not culminate in a bill or any subsequent law. However, the bankruptcy law (Law No. 37 of 2004) states that commercial matters are to be within the jurisdiction of the commercial court and that the commercial court is to be within the jurisdiction of Supreme Court. Therefore, the Supreme Court is to have jurisdiction in the general courts, religious courts, military courts, and state administrative courts.
The bill envisages that there will be commercial courts established in Central Jakarta, Ujung Pandang, Medan, Surabaya, and Semarang, and anywhere else as required based on a Presidential Regulation. Each of the jurisdictional areas of the above courts are set out in the bill. For example, the commercial court at the Central Jakarta District Court is to cover the areas of Jakarta, West Java, South Sumatera, Lampung, and West Kalimantan.
The basic authorities of the commercial court will include matters related to bankruptcy and debt repayments, intellectual property, Indonesian deposit insurance corporation, and any other area stipulated in law.
The bill sets out the compilation of the court and the method of appointment and dismissal from the court. The court will have both career and ad hoc judges appointed to it. The provisions for ad hoc judges hold that an ad hoc judge must have between 20 and 25 years experience depending on where they are to be appointed. Furthermore, ad hoc judges must be at least 50 years of age for appointment to the commercial court and 55 years of age for appointment to the Supreme Court. Unfortunately, age is no guarantee for quality nor is experience necessarily a sufficient measure of current knowledge in a particular field of endeavor.
The bill is in the very early drafting stages and it is expected that there will be significant changes to this draft by the time it comes to the House of Representatives for a vote.
The Supreme Court has formulated a Draft Bill on the Commercial Court. In 2004 – 2005 there was an extensive needs assessment done with a view to establishing a commercial court. Unfortunately, this needs assessment did not culminate in a bill or any subsequent law. However, the bankruptcy law (Law No. 37 of 2004) states that commercial matters are to be within the jurisdiction of the commercial court and that the commercial court is to be within the jurisdiction of Supreme Court. Therefore, the Supreme Court is to have jurisdiction in the general courts, religious courts, military courts, and state administrative courts.
The bill envisages that there will be commercial courts established in Central Jakarta, Ujung Pandang, Medan, Surabaya, and Semarang, and anywhere else as required based on a Presidential Regulation. Each of the jurisdictional areas of the above courts are set out in the bill. For example, the commercial court at the Central Jakarta District Court is to cover the areas of Jakarta, West Java, South Sumatera, Lampung, and West Kalimantan.
The basic authorities of the commercial court will include matters related to bankruptcy and debt repayments, intellectual property, Indonesian deposit insurance corporation, and any other area stipulated in law.
The bill sets out the compilation of the court and the method of appointment and dismissal from the court. The court will have both career and ad hoc judges appointed to it. The provisions for ad hoc judges hold that an ad hoc judge must have between 20 and 25 years experience depending on where they are to be appointed. Furthermore, ad hoc judges must be at least 50 years of age for appointment to the commercial court and 55 years of age for appointment to the Supreme Court. Unfortunately, age is no guarantee for quality nor is experience necessarily a sufficient measure of current knowledge in a particular field of endeavor.
The bill is in the very early drafting stages and it is expected that there will be significant changes to this draft by the time it comes to the House of Representatives for a vote.
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