Upaya Keberatan atas Putusan KPPU ke Pengadilan Niaga: Pembaharuan Berkepastian Hukum

Abstract

Legal reform has been implemented in the formation of legislation in Indonesia, namely the Copyright Work Law with the omnibus model. Various laws are made into one in the Copyright Act, including the matter of business competition. The new provisions l in the Copyright Act that cause controversy are related to the accuracy of the chosen legal domain to be used as a solution in the case of business competition. The shift of authority from the District Court to the Commercial Court to handle the objections to the KPPU ruling raises pros and cons related to the legal certainty resulting from the process of handling the case. Legal research conducted here aims to explain the facts of the applicable law. The results showed that the handling of objections to the decision of KPPU which became the authority of the Commercial Court based on the Copyright Work Law is the right thing. This is because the Commercial Court is a special court of the general judiciary whose judges are more competent in business matters. Besides, this transfer of authority provides legal certainty to the parties to the dispute because the Commercial Court, in this case, is a judicial institution that has the authority to examine, decide, and adjudicate cases following absolute competence and relative competence, and the judge in it acts as judex facti.