The Indonesian civil procedural law appears to be ushering in a new era in the realm of intellectual property. On January 18, 2023, chairman of the Commercial Court of the District Court of Central Jakarta issued a Decree No. W10-U1/05/KP.00.3/I/2023, regarding the Enforcement of e-Court Registration in Special Civil Registration (Commercial and Industrial Relation Court) in Central Jakarta District Court.
The decree mandates the implementation of electronic court (e-court) in Commercial and Industrial Relation Court of Central Jakarta District Court, which will take effect on January 24, 2023. This includes disputes in the field of intellectual property which also classified as commercial matters.
The electronic court system in Indonesia encompasses online case registration through e-Filing, online assessment and payment of case fees through e-Payment, electronic summons through e-Summons, and electronic litigation through e-Litigation.
It should be noted that in-person court proceedings (manual proceedings), including registration, payment, summons, and litigation, remain available. Disputes registered prior to January 24, 2023, continue to be handled through manual proceedings.
The decree of Chairman of the Central Jakarta Commercial Court thereof constitutes one of the measures taken in response to the implementation of Supreme Court Regulation (“PERMA”) Number 1 of 2019 on the Administration of Cases and Proceedings in the Electronic Court, which has been partially amended by PERMA Number 7 of 2022. This regulation essentially governs the administration and resolution of cases through the e-court system.
It is to be noted, however, that commercial courts in other regions such as Surabaya, Semarang, Medan, and Makassar have yet to adopt similar measures. Hence, it is hoped that this resolution serves as a catalyst for other commercial courts to implement e-court systems in commercial cases, one of which is intellectual property.
