From the islands of Indonesia, the IP Komodo prowls South East Asia and beyond looking for succulent morsels of intellectual property news with the aim of to raising awareness of South East Asia's IP issues to help people understand this diverse region's IP complexities.
Sunday, December 1, 2013
Indonesian Supreme Court reforms
The Indonesian Supreme Court has implemented
a new Decree
to adopt a chamber system. The new chamber system will start in April 2014. The amendments are based on comparative
studies of how foreign courts operate.
main goal of the chamber system is to ensure consistency in decisions of the
Court, as well as to speed up cases.There will be 5 chambers
for different areas of law -
Administration Chamber Religious
Affairs Chamber Military
Supreme Court Judges will be appointed
to the chamber appropriate to their area of expertise. IP cases will go into
the Civil Chamber so a pool of experience will develop. Civil Chamber Supreme
Court judges will need to have served at District
Court level, which means it is possible that some of the Jakarta Commercial Court
judges (a specialist District Court which hears IP cases) will be appointed to
the Supreme Court in time, bringing more IP expertise in. Non career judges who
have undergone special training on civil law may also be appointed.
the chamber system, case petitions will proceed immediately to the relevant
chamber and the Chamber Chairman assigns the panel of judges for each case. The
Chief Justice will retain authority to assign justices to adjudicate cases of
serious importance. Cases where there is significant controversy, panel
disagreement, or other special situations, may be brought by the adjudicating
judges to the weekly plenary meetings of their respective chamber for
the Chairman of each chamber must submit a monthly report to the Chief Justice
regarding their chamber’s workload.
Komodo observes this is a well thought out and serious system, based on foreign
studies, aimed to provide the Supreme Court with a strong platform for improvement. The Supreme Court has improved significantly in recent years,
corruption reduced and decision quality strengthened. Supreme Court decisions are all
published too. The hope is that such measures will soon be adopted in the Commercial
Court so that all IP cases are dealt with effectively, not just the Supreme