PENERAPAN HUKUM ACARA PENGADILAN NIAGA YANG BERADA DALAM LINGKUP PERADILAN UMUM

Ladju Kusmawardi, Kholis Roisah

Abstract


The Commercial Court is a special court within the General Courts. This
Commercial Court has the authority to accept, examine and adjudicate the case for
an application for bankruptcy statements, request for a delay in the obligation to pay
debts (PKPU), other claims and intellectual property rights (IPR).This study aims to
determine the scope of duties and authority of the Commercial Court, the legal
standing of Creditors and Debtors after the dispute has been decided by Hakim
Niaga and has permanent legal force and the implementation of the execution at the
Commercial Court. The approach method used in this research is sociological
juridical with the Semarang City research area, especially the Semarang
Commercial Court. The research subjects included those involved in the proceedings
at the Semarang Commercial Court. Primary data and secondary data are obtained
through field surveys and literature studies.Based on the research and analysis
results, it is known that the scope of duties and authority of the Commercial Court is
to accept, examine and decide on the case for an application for bankruptcy
statements, postponement of the obligation to pay debts (PKPU), other claims and
cases included in the field of intellectual property rights (IPR).The legal standing of
the parties is that for the Debtor after being declared bankrupt by the Commercial
Court Judge, he loses the right to manage the bankrupt assets owned by him, but the
Debtor's civil rights as a person (personrechi) is not lost.Regarding the execution of
the Commercial Court that is still guided by the provisions of HI R / RBg as the
execution of civil cases in the District Court, this is because Law No. 4 of 1998 has
not been regulated separately. Especially for the execution of the forged Brand case,
the mark of the falsified goods / products is carried out at the Directorate General of
Trademark, Copy and Patent of the Ministry of Justice and Human Rights in Jakarta


Keywords


Commercial Court, bankruptcy, execution.

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