“Any foreign documents that are going to be used domestically and/or any domestic documents that are going to be used abroad must either be legalized or go through the Apostille Process. This depends on the policy of the Embassy which relates to whether or not the country has ratified the Apostille Convention.”
Legalization is the ratification of the Official’s, Authorized Personnel’s, or Appointed Personnel’s’ hand signature on certain documents. Legalization verifies that the signature on a document is signed by the actual person with that signature and is witnessed by an Official (usually a notary). It should be noted that legalization only function to verify the signature(s) on a certain document and does not verify the truth of the document(s)’ content. In practice, the purpose of legalization is so that the signed document can be used either abroad (for documents exiting the country / domestic document)) and locally (for documents entering the country / foreign document).
A. Type of Personal Domestic Document
The documents that can be legalized are as follows (but not limited to):
- Birth certificate;
- Death certificate;
- Marriage certificate;
- Divorce certificate;
- Will;
- Educational documents (diploma, etc)
- Police record (Surat Keterangan Catatan Kepolisian (SKCK))
- Driving license;
- Power of Attorney;
- Certificate of Origin (CO);
- Exported or Imported documents;
- Trade documents;
- Translated documents;
- Notarial deeds;
- Other documents that required legalization.
The documents above must be in either written in Indonesia or English. If the documents are to be used abroad, then an English sworn translation must be provided.
In accordance with the Apostillle Convention, the following documents are applicable to undergo the Apostille Process:
- documents emanating from an authority or an official connected with the courts or tribunals of the State, including those emanating from a public prosecutor, a clerk of a court or a process-server (“huissier de justice”);
- administrative documents;
- notarial acts;
- official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.
However, the following documents are not applicable to undergo the Apostille Process:
- Documents executed by diplomatic or consular agents;
- Administrative documents dealing directly with commercial or customs operations.
B. Apostille Procedure
The procedures to Apostille documents are as follows:
1) The first step is to make sure that the documents are eligible to go through the Apostille process and that the destination country has ratified the Apostille Convention.
2) The second step is to go to a Notary Office. Make sure that the notary is registered in the Ministry of Law and Human Rights.
a. Have a photocopy of the original documents ready. Legalization can only be done to a copy of an original document. If the document is a translation from Bahasa Indonesia to another language, the original document must also be attached.
b. Go to your Notary and have him/her legalized the copy of the original document.
3) The third step is to apply for the Apostille Process for documents that has been given the notarial legalization stamp to the Ministry of Law and Human Rights:
a. Register an account to the Ministry of Law and Human Rights’ website that provide the Apostille service (https://apostille.ahu.go.id/);
b. If the destination country has ratified the Apostille Convention, the option to undergo the Apostille Process will appear;
c. Upload the necessary documents:
i. The documents that have been given the notarial legalization stamp;
ii. Applicant’s Identity (ID Card for locals or passport for foreigners) and/or representative Identity (if represented);
iii. Power of Attorney (if represented);
d. Wait for the documents to be verified and approved (up to 5 working days);
e. Once verified and approved, pay the billing code and send the proof of payment to the Ministry of Law and Human Rights Staff. This can be done either by email or direct message;
f. The Ministry of Law and Human Rights will send notification when the Apostille stamp (sticker) is ready to be collected or shipped (depending on the applicant’s choice);
g. Once the sticker is received, stick it on the document.
The Apostille Process is completed. Unlike Legalization, the documents do not need to undergo legalization at the Ministry of Foreign Affairs and the Embassy of the destination country.
C. Legalization Procedures
The procedures to legalize a document are as follows:
1) The first step of legalization is to go to a Notary Office. Make sure that the notary is registered in the Ministry of Law and Human Rights.
a. Have a photocopy of the original documents ready. Legalization can only be done to a copy of an original document. If the document is a translation from Bahasa Indonesia to another language, the original document must also be attached.
b. Go to your Notary and have him/her legalized the copy of the original document.
2) The second step is to legalize the documents that has been given the notarial legalization stamp to the Ministry of Law and Human Rights:
a. Register an account to the Ministry of Law and Human Rights’ website that provide legalization service (https://apostille.ahu.go.id/)
b. Upload the necessary documents:
i. The documents that have been given the notarial legalization stamp;
ii. Applicant’s Identity (ID Card for locals or passport for foreigners) and/or representative Identity (if represented);
iii. Power of Attorney (if represented);
c. Wait for the documents to be verified and approved (up to 5 working days);
d. Once verified and approved, pay the billing code and send the proof of payment to the Ministry of Law and Human Rights Staff. This can be done either by email or direct message;
e. The Ministry of Law and Human Rights will send notification when the legalization sticker is ready to be collected or shipped (depending on the applicant’s choice);
f. Once the sticker is received, stick it on the document.
3) The third step is legalizing the documents that has been legalized by the notary and the Ministry of Law and Human Rights to the Ministry of Foreign Affairs:
a. Download the “Stempel Asli” account on an Android Phone;
b. Fill in the required data (type of document, intended country, number of Ministry of Law and Human Rights Legalization, and the name of the staff of the Ministry of Law and Human Rights that legalized the document);
c. Upload the document;
d. Wait for the documents to be verified;
e. Pay the billing code (verified automatically);
f. Go to the Ministry of Foreign Affairs to collect the legalization sticker and stick in on the document.
4) The fourth and final step is to legalize the document in the embassy of the intended country:
a. Depending on the embassy, a pre-made appointment might be necessary;
b. Prepare the legalized document and its copy (with the notary, Ministry of Law and Human Rights, and Ministry of Foreign Affairs Legalization stamp and stickers as well);
c. Prepare the applicant’s identity (copy and original) and/or the representative’s original identity;
d. Fill in the required application form provided by the designated embassy and print a copy of it;
e. Draft any required letters (this is tentative and is done with the policy of the designated embassy);
f. Submit all the documents mentioned above to the embassy staff and pay the legalization fee;
g. Document legalized. Depending on the embassy, the legalization fee might not be refunded even if you’re the embassy declined your legalization application;
Once the document has been legalized by the notary, Ministry of Law and Human Rights, Ministry of Foreign Affairs, and the designated embassy, the document can be used abroad.
D. List of Countries that Ratified the Apostille Convention
To this day, the countries that has ratified the Apostille Convention are as follows:
Albania, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bohomos, Bahrain, Barbados, Belarus, Belgium, Belize, Bolivia (Plurinational State of), Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burundi, Cabo Verde, Chile, China, Colombia, Cook Islands, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, El Salvador, Estonia, Eswatini, Fil, Finland, France, Georgia, Germany, Greece, Grenada, Guatemala, Guyana, Honduras, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kazakhstan, Kosovo, Kyrgyzstan, Latvia, Lesotho, Liberio, Liechtenstein, Lithuania, Luxembourg, Malawi, Malta, Marshall Islands, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Namibia, Netherlands, New Zealand, Nicaragua, Nive, North, Macedonia, Norway, Oman, Pakistan, Palau, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoo, San Marino, So Tome and Principe, Saudi Arabia, Serbia, Seychelles, Singapore, Slovakia, Slovenia, South Africa, Spain, Suriname, Sweden, Switzerland, Tajikistan, Tonga, Trinidad and Tobago, Tunisia, Türkiye, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Uzbekistan, Vanuatu, and Venezuela
Author: Christian Chandra