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28 Apr 2022
New Apostille Regulation Set to Simplify Legalization of Indonesian Public Documents

 

As a follow-up to Presidential Regulation No. 2 of 2021 (“PR 2/2021”), which ratifies the Convention to Abolish the Requirement for Legalization of Foreign Public Documents (“Convention”), the government issued an implementing regulation in the form of Ministry of Law and Human Rights (“MOLHR”) Regulation No. 6 of 2022 on Apostille Legalization Services for Public Documents (“Reg. 6”) in January 2022, due to become effective on 4 June 2022. (For further details on PR 2/2021, please refer to our earlier update here.)

 

Documents issued in Indonesia should be apostilled if they are to be used subsequently in other countries that have ratified the Convention. Reg. 6 determines that apostille services will be provided under the auspices of the MOLHR via the Directorate General of Public Law Administration (“DGPLA”).  Reg. 6 also restates applicability and exclusions for Apostille documents referred to in PR 2/2021.

 

Apostille Procedures

 

A request for apostille should be made online as follows:

 

1. Submission of the Application and Supporting Documents

 

The applicant (or its attorney) should upload: (i) a request for apostille, by submitting an application form downloadable from the DGPLA website, along with (ii) supporting documents (ID of the applicant, power of attorney and ID of the attorney, if applicable), and the document for which the apostille is being requested.

 

The application form should at least contain the following information:

 

  1. details of the applicant (and the attorney, if relevant);
  2. country in which the document will be used;
  3. type of document to be apostilled;
  4. name and number of the document, including the owner of the document (which should be indicated on the document);
  5. name of the official that signed the document; and
  6. the authority that issued the document.

2. Verification of the Application

 

Verification should be completed within three working days of acceptance of an application, in order to check:

 

  1. the conformity between:
  • the content as described in the application form and the supporting document(s);
  • the official’s signature, any stamp shown on the document and the specimen recorded on the DGPLA website; and/or
  1. the validity of electronic signatures on electronic documents.

Lack of conformity in point 2.a will cause an application to be rejected, but an apostille request may be resubmitted after the reason for rejection has been corrected.  

If deemed necessary, an applicant may be requested to submit additional supporting documents within seven calendar days of the DGPA request.

 

3. Payment for the Apostille Service

 

Once verification is completed, the Applicant must pay the official apostille fee, in accordance with the payment order issued by the system, within seven calendar days of issuance of the payment order.  

 

4. Issuance of the Apostille Certificate

 

Upon payment, the applicant will be notified electronically to collect an apostilled certificate and bring he document originally requested for apostilling. The certificate and collection receipt are available the following day, from the MOLHR (head or regional office chosen by the applicant).

 

ABNR Commentary

 

The procedure for document legalization in place before the Convention took effect was considered complex and could at times be unduly protracted. With the issuance of PR 2/2021 and Reg 6, which ratify and implement the Convention, Indonesia joins the ranks of a significant number of countries that have improved efficiency in the legalization of public documents.

 

As of publication of this update, a regulation has yet to be issued to confirm applicability of the Convention to apostilled documents issued by State Parties for use in Indonesia. Nonetheless, it may be inferred that once Reg 6. and the Convention are effective, State Party documents that have been apostilled would be valid for use in Indonesia. (However, further details on the implementation timetable are still awaited.)

 

By partner Mr. Ayik Candrawulan Gunadi (agunadi@abnrlaw.com) and senior associate Ms. Yohanna Fifinella (yfifinella@abnrlaw.com).

 

This ABNR News and its contents are intended solely to provide a general overview, for informational purposes, of selected recent developments in Indonesian law. They do not constitute legal advice and should not be relied upon as such. Accordingly, ABNR accepts no liability of any kind in respect of any statement, opinion, view, error, or omission that may be contained in this legal update. In all circumstances, you are strongly advised to consult a licensed Indonesian legal practitioner before taking any action that could adversely affect your rights and obligations under Indonesian law.