Indonesia Finally Ratified Apostille Convention To Abolish The Legalization Requirement For Foreign Public Document
In order to increase ease of doing business in Indonesia, government through the Presidential Regulation Number 2 of 2021 regarding the Ratification of Convention Abolishing The Requirement of Legalization for Foreign Public Documents (“PR 2/2021”) has legally abolish the legalization requirement on foreign public document to be used in Indonesia. The documents which are considered as public documents through this Convention are as follows:
- Documents emanating from an authority or an official connected with the courts or tribunals of the state, including those emanating from a public prosecutor, court clerk, or a bailiff;
- Administrative documents;
- Document issued by a notary; and/or
- Official certificates which are attached on documents signed by persons in a private capacity, such as certificate which records the registration of a document or which records the validity period of a document on a certain date and legalization of signatures by officials and notary.
It is important to be noticed whereas this Convention shall not be valid for documents signed by diplomatic or consular officer and administrative documents which directly related to a commercial or customs activity.
Notwithstanding from the abolishment of such legalization requirements, in order to certify the authenticity of the signature, the authority exercised by the signatory to the document and, if necessary, the identity seal or stamp affixed thereon, this convention requires additional certificate issued by the competent authority of the country where the document originates. However, the requirements of such additional certificate is not required if either the laws, regulations or practices valid in the country where the document was issued or pursuant to an agreement between two or more country members, has abolished, simplified, or eliminated the legalization of such document.
With the issuance of this PR 2/2021, we hope that foreign public document may be used easier without having to go through complicated and long process so that the investment in Indonesia will also be faster and easier.
Suria Nataadmadja & Associates Law Firm
Advocates & Legal Consultants