EFEKTIFITAS PENGADILAN NIAGA DALAM MENYELESAIKAN SENGKETA HAK CIPTA BERDASARKAN UNDANG-UNDANG NOMOR 19 TAHUN 2002

Sari

The existence of the Commercial Court has been recognized by the Indonesian legal
system and is seen as part of the existing judicial system. The establishment of a Commercial
Court currently located in 5 (five) major cities in Indonesia, is intended to assist in the smooth
process of dispute resolution of Copyright. But in fact, due to various factors and reasons, not
all copyright disputes can be handled by the Commercial Court. The first Commercial Court
established was the Central Jakarta Commercial Court. Furthermore, based on Presidential
Decree No. 97 of 1999, August 18, 1998, established Commercial Court in Makassar,
Surabaya, Medan and Semarang. The basic principles adopted in commercial court are as
follows: continuity, good trials, good decisions and good archives.
The main problem in this research is how the procedures and procedures for the
settlement of copyright according to Law Number 19 Year 2002 and What are the Weakness
of Commercial Court in handling the Copyright dispute pursuant to Law Number 19
Year2002.This type of research is combination research, that is With document studies,
surveys, and document studies is to study copyrighted documents handled by Jakarta and
Medan commercial courts (within the time limit of which authors have authored themselves)
Procedures and procedures for the settlement of copyrights under the Law Number 19 Year
2002 is generally the same as litigation in the District Court but there is a special procedure in
which the procedure of handling the case so short that has been set time in Law Number 19
Year 2002 and the decision on this case can only be requested cassation.
What is the weakness of the Commercial Court in handling the Copyright dispute
based on Law Number 19 Year 2002 is caused by several factors including the following: The
justice seekers themselves, the Judge who resolved the case, The lack of trade court in
Indonesia, The amount of cost required For litigation in commercial courts. Besides, the
weakness of the Commercial Court in dealing with copyright disputes is the limited number of
commercial courts, so the judges are also very poor, as not all judges can be subjected to
Commercial Court judges. Besides the human resource factor, where the Commercial Court
judges do not all have special expertise on copyright, this makes it difficult to make decisions
that really fit the public sense of justice.
Keywords: Effectivity of Commercial Court, Copyright Dispute and Law
Number 19 Year 2002