Recognition and Enforcement of Foreign Court Judgments in Civil and Commercial Matters: An Indonesian Private International Law Perspective

One of the primary emphases of private international law is the recognition and enforcement of foreign judgments. It is believed as one of the private international law pillars which can attain the fulfillment of rights and obligations. For instance, in the realm of cross-border commercial transactions which enable contractual parties to settle their dispute before the foreign courts or other international dispute settlement bodies as they have agreed. Pertaining to the situation involving foreign courts, the recognition and enforcement of the delivered foreign judgments have been frequently challenging. As there are numerous discussions towards the recognition and enforcement of foreign arbitral awards, this article examines the development of such legal issues with a broader scope including the legal issue of recognition and enforcement of foreign court judgments as well. On the basis of various laws in different levels from national law to international law, this article also examines the perspective of Indonesian Private International Law towards the legal issue of recognition and enforcement of foreign court judgments. On the basis of both legal and economic rationales, it is found that states have been taking the issue of recognition and enforcement of foreign court judgments into consideration.