Juridical Analysis of Absolute Competence, Judges' Considerations, And Legal Remedies in Trade Secret Dispute: PT Basuki VS. Hitachi (Study of Bekasi District Court Decision Number 280/Pdt.G/2008/PN.Bks jo Supreme Court Decision Number 1713K/Pdt/2010)

Abstract

This study presents a juridical analysis of absolute competence, judges’ considerations, and legal remedies in the trade secret dispute between PT Basuki Pratama Engineering and PT Hitachi Construction Machinery Indonesia, based on Bekasi District Court Decision Number 280/Pdt.G/2008/PN.Bks in conjunction with Supreme Court Decision Number 1713 K/Pdt/2010. The main legal issue lies in the misapplication of absolute competence, where the dispute despite involving trade secret violations protected under Law Number 30 of 2000 concerning Trade Secrets was adjudicated in the general civil court rather than the Commercial Court. Using a normative juridical method with a statutory and case approach, this study finds that such jurisdictional errors undermine legal certainty and the procedural rights of the parties. The analysis further explores the judges’ reasoning and the available legal remedies, highlighting the need for consistent implementation of special civil procedural law in intellectual property cases to ensure proper legal protection.