There
are several new judges in the IP court in Jakarta, Indonesia. IP cases are
heard in the Commercial Court, which also hears bankruptcy cases. The reason
for the new faces in the Central Jakarta Commercial Court is that 4 judges, identified
in documents, only by the initials SA, AI, NA and BI were dismissed by the
Supreme Court, following investigations by the internal affairs department, for
breaches of the ethical code on treating all sides with equal fairness. The SC
dismissed the judges from their posts and transferred them to various district
courts.
They
are part of a list of 49 judges published in April, who have received
disciplinary sanctions. 3 of the 4 are believed to be related to a lawsuit between
Telkomsel, the country’s largest mobile operator, and PT Prima Jaya Informatika
(PJI), a distributor of mobile phone SIM cards and vouchers, in which a commercial
dispute was turned into a bankruptcy case. The widespread belief is that one
side presumably bribed the judges.
This
is a positive step for the battle against judicial corruption, but underscores
that IP cases suffer from the same risks. In many cases IP decisions are clean,
so it is hoped this will help further improve the fairness of the Commercial
Court judiciary. It also goes to show how the Supreme Court is really leading the fight now.
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