The respondent’s attorney revealed that the Indonesian Ombudsman Representative for Greater Jakarta intervened regarding the cassation request which was allegedly expired in the industrial design case for generator products.
“We received a copy of the letter from the Indonesian Ombudsman following up on our objection regarding the cassation request which was allegedly expired,” said Ichwan Anggawirya as the respondent’s attorney in design case No. 76/Pdt.Sus-HKI/Desain Industri/2023/PN Niaga Jkt, in Jakarta. , Monday (25/3).
He explained that his party wrote to the Indonesian Ombudsman on January 30 2024. The Ombudsman, continued Ichwan, then responded by writing to the Chairman of the Central Jakarta District Court (PN) on March 8 2024. It contained a written request for clarification.
The Ombudsman in a letter to the Jakarta District Court, he explained, asked on what legal basis and for what reasons the Central Jakarta District Court accepted the cassation request in a case which was alleged to have passed the time limit.
The Ombudsman, he continued, asked the Central Jakarta District Court to send clarification within a maximum of 14 days after the letter was received in accordance with the provisions of Article 33 paragraph (1) of Law No. 37 of 2008 concerning the Ombudsman of the Republic of Indonesia (ORI).
Regarding the alleged cassation application that has expired, Ichwan suspects that the cassation application was submitted 38 days after the decision was read at the Commercial Court (Central Jakarta District Court). The verdict was read out on October 31, 2023.
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In fact, he explained, based on Article 41 of Law No. 31 of 2000 concerning Industrial Design, a cassation request must be made within 14 days of the reading of the decision. And then the clerk is obliged to send notification of the cassation request no later than 2 days after the cassation request is registered.
“To ensure when the cassation request is submitted, we ask that the Ombudsman can check the date of proof of bank deposit for payment of the cassation request, in order to provide a fair and transparent justice system,” hoped Ichwan.
In this matter the cassation applicant is CV Rajawali Diesel. This matter was originally adjudicated by the Commercial Court (PN Jakarta Central) with case number 76/Pdt.Sus-Desain Industri/2023/PN.Niaga.Jkt.Pst.
In its verdict on October 31 2023, the Commercial Court (Central Jakarta) rejected CV Rajawali Diesel’s lawsuit. CV Rajawali Diesel then filed an appeal to the Supreme Court (MA). The Supreme Court also accepted the cassation with case number 266 K/Pdt.Sus-HKI/2024 on February 12 2024. (RO/J-2)
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