Impact on the Indonesian Ratification of Convention Abolishing the Requirement of Legalization for Foreign Public Documents

Nowadays, people generally assume that the authenticity of a document is based on the use of a stamp before the signature. Referring to the provisions of the Indonesian Civil Code, there are two types of written evidence, which are authentic and non-authentic deeds, whereas both options are without emphasizing the use of stamps. Pursuant to the Law No. 13  of 1985  on Duty Stamps, stamp is used as a tax under the documents both paper and electronic. The inclusion of a duty stamp cannot give the state responsibility for the existence of document archives. The definition of document archives is  pursuant to the Law No. 43  of 2009  on Archives, which emphasizes the authenticity of documents as a valid evidence.

Recently, the Government has provided policies that can reduce barriers and ease in doing business, especially for foreigners. This convenience is due to the ratification of the Convention Abolishing the Requirements of Legalization for Foreign Public Documents which has been inaugurated in Indonesia. Through this ratification, Indonesia has clarified its recognition of the legalization of public documents in an international civil context.

Ratification of the enforcement of the Convention Abolishing the Requirements of Legalization for Foreign Public Documents is the beginning of simplicity in regulating document authenticity. This simplification in the authenticity of documents across countries into one is referred to as “Apostille“. The Apostille document is a certificate that identifies the origin of a public document, such as a certificate of marriage or death. As for what is meant by a document that requires legalization of the authenticity of the signature, the authority is exercised by the signer of the document and, if necessary, the identity of the seal or stamp affixed to it is carried out by adding a certificate issued by the competent authority. The provisions of the Convention also emphasize the inclusion of an extension (allonge) of the document, through the inclusion of a certificate with the title Apostille (Convention de la Haye du 5 octobre 1961). The main objective in the use of this convention is to remove conditions for diplomatic or consular legalization and to facilitate the use of public documents across countries. Through this ratification, Indonesia officially becomes a country that can enforce the Apostilles, through the fulfilment of reporting as regulated in the Convention as a form of the obligations of the ratifying state. The entry into force of the Convention will have an impact on public documents originating from agencies or officials having relations with the courts and judicial bodies of a State, such as documents originating from prosecutors, bailiffs for subpoena, administrative documents, notary deeds and an official certificate affixed to documents signed by someone based on their capacity, for example, an official certificate relating to the registration of a document or the correctness of a document deed, and related to the legalization of notaries and official officials regarding signatures “waarmerking.”

The use of Apostille can increase efficiency in the integration of an electronic signature database so that the authenticity of the main document can be verified more easily.

Thus article regarding the Impact on the Indonesian Ratification of Convention Abolishing the Requirement of Legalization for Foreign Public Documents. Should there be any questions do not hesitate to contact  us.