Procedure for the execution of decisions of foreign courts in Indonesia

Basically Article 436 Rv states that the decisions of foreign courts cannot be executed within the territory of the Republic of Indonesia, but based on the explanation from M. Yahya Harahap in his book, that a foreign court decision can be executed in Indonesia (through an Indonesian court) if it is regulated in a separate law. bilateral agreements, or multilateral agreements that exclude Article 436 Rv. Based on that matter, the question arises regarding the procedure for the execution of decisions of foreign courts in Indonesia?

In his book entitled "Hukum Acara Perdata", M. Yahya Harahap quotes Article 436 paragraph (2) Rv which states, that after making the decision of the foreign court into its own law, the decision of the foreign court can be used as a legal basis for filing a new lawsuit in Indonesian court. The decision of the foreign court by the Indonesian court can be used as written evidence with casuistic binding power, namely:

1. Can be valued as an authentic deed that has perfect and binding evidentiary power; or
2. Only as a legal fact that is freely assessed in accordance with the judge's consideration.

Suria Nataadmadja & Associates Law Firm

Advocates & Legal Consultants