The Commercial Courts: A Story of Unfinished Reforms

Abstract

Certain fields of law are becoming more and more globalized in Indonesia. This is true of commercial law, such as company law, intellectual property law, and competition law. These fields of law also play an increasingly important role in cross-border transactions, involving Indonesian and foreign parties. This chapter looks into this potential field of tension through an inquiry into the specialized commercial courts. It focuses on how judges in these courts deal with contemporary legal questions relating to highly globalized fields of law. The Commercial Courts are specialized courts that were established in April 1998 as part of the legal reform program initiated by the International Monetary Fund (IMF). The aim was to do away with the old culture of unprofessionalism and corruption pervasive in the courts by creating new courts with new judges applying a new system for bankruptcy administration. The substantial reforms initiated by the establishment of the Commercial Courts aimed at contributing to an effective bankruptcy regime and encouraging investor confidence, although it remains largely unfinished.