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PENERAPAN HUKUM ACARA PENGADILAN NIAGA YANG BERADA DALAM LINGKUP PERADILAN UMUM
Author(s) -
Ladju Kusmawardi,
‪Kholis Roisah
Publication year - 2018
Publication title -
jurnal ilmiah hukum dan dinamika masyarakat
Language(s) - English
Resource type - Journals
ISSN - 2460-9005
DOI - 10.36356/hdm.v16i1.843
Subject(s) - creditor , bankruptcy , law , obligation , intellectual property , debtor , political science , adjudication , debt , business , finance
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

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