Overview On January 5, 2021, the Government of Indonesia issued Presidential Regulations No. 2 of 2021 regarding the ratification of the Convention Abolishing the Requirement of Legalization for Foreign Public Documents or the Apostille Convention (“PR 2/2021“).
To execute international agreements, diplomatic legalization is required from foreign documents that are public documents, such as the authenticity of signatures, capacity to sign, and the identity of seals or stamps affixed to them. The Apostille Convention attempts to eliminate these requirements so that the process of legalizing public documents is simpler.
As a form of implementation of the Apostille Convention, the Government of Indonesia has further issued Ministry of Law and Human Rights Regulations No. 6 of 2022 on Apostille Legalization Services in Public Documents (“MLHR Reg 6/2022“) which regulates the technical instructions of the Apostille services in Indonesia, given that Indonesia is one of the countries that participated in the ratification of the convention.
The apostille applies to documents issued on the territory of Indonesia and will be used in other countries. The documents in question include:
a. Documents from an authority or official relating to the trial or state court, including those of the public prosecutor, clerks or bailiff;
b. Administrative documents;
vs. Documents issued by the notary; and
D. Official certificates are attached to documents signed by authoritative persons in the world, such as certificates which record the registration of a document, or which record certain periods of validity of a document on a certain date, and the ratification of the signature by civil servants and notaries.
As for the excluded documents, in particular:
a. Documents signed by diplomatic or consular officials;
b. Administrative documents directly related to commercial or customs activities; and
vs. Documents issued by the Office of the Prosecutor as a prosecuting body pursuant to Presidential Regulation No. 2 of 2021 concerning the ratification of the Convention Abolishing the Requirement of Legalization for Foreign Public Documents
Submission of the Apostille Convention
The apostille can be applied by the applicant, natural or legal person, or with power of attorney electronically by filling out the form on the official website of the General Directorate of General Administration of Laws.
The form submitted with contains at least the following information:
a. The identity of the applicant;
b. Identity of the recipient, if the request is submitted by proxy;
vs. Country of destination where the document will be used;
D. The type of document that will be requested for the apostille;
e. The name and number of the document and the name of the owner appearing on the document that will be requested for the apostille;
F. The name of the official who signed the document; and
g. The name of the agency publishes the document.