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Rabu, Juli 27, 2022 | Issue Number : 779

Technical Guidance for the Apostille Process

Overview
Given the omnipresent fact of an ever more interconnected world, the opportunities for business expansion, personal
advancement or even just the enjoyment of new experiences can now be pursued not only in our home countries but
also overseas. However, such international endeavors often require or are based on certain public documents, which
must undergo processes of legalization in order to determine their reliability and authenticity.[1] Unfortunately, however,
conventional legalization processes tend to be quite long and arduous and often involve input from a number of
ministries and agencies before they can be completed.[2]

As a solution to these bureaucratic issues, Indonesia finally became a signatory to the Convention of 5 October 1961
Abolishing the Requirement of Legalisation for Foreign Public Documents (“Apostille Convention”) through the
issuance of Regulation of the President No. 2 of 2021 on the Ratification of the Apostille Convention (“Regulation
2/2021”). This means that the Indonesian public is now allowed to utilize Apostille services as a more streamlined and
efficient way of legalizing their public documents and will no longer have to follow lengthier conventional legalization
processes and procedures,[3] thus reducing bureaucratic red tape.

Indonesia’s Apostille service recently came online in the wake of the country’s accession to the Apostille Convention on
4 June 2022. The Ministry of Law and Human Rights (“Ministry”), as the appointed competent authority in this regard,
has also now issued No. 6 of 2022 on the Apostille Legalization Service for Public Documents (“Regulation 6/2022”),
which sets out details relating to the new Apostille service.[4] In addition, the Ministry of Finance has also issued
Regulation No. 101/PMK.02/2022 on Types and Tariffs of Urgent Non-Tax State Revenue for the Apostille Legalization
Service for Public Documents Applicable at the Ministry (“Regulation 101/2022”), which establishes a base tariff for
Apostille services.

Given the newness and importance of the Apostille procedure in Indonesia, this edition of Indonesian Law Digest (“ILD”)
offers a hopefully useful set of technical guidelines for the Apostille process, as undertaken through the Ministry. These
guidelines make reference to relevant Apostille-related regulations, as well as discussions with expert practitioners
aimed at ensuring the easy completion of the Apostille procedure. Our guidelines have been broken down into the
following sections:

I. Apostille: An Introduction

A. Legal Basis for and Implementation of Apostille in Indonesia

B. Scope of Public Documents
C. List of Countries in Which Apostille Is Applicable
D. Apostille vs. the Conventional Legalization Scheme

II. Apostille Application Procedure

A. Account Registration
B. Submission of Application
C. Verification
D. Payment
E. Issuance of Apostille Certificate

III. Ensuring a Successful Application

A. Frequently Asked Questions

B. Tips for Apostille Applications

I.    Apostille: An Introduction

 
 A.   Legal Basis for and Implementation of Apostille in Indonesia
As briefly elaborated upon above, the implementation of Apostille in Indonesia is based on several legal
instruments. Details of each of these instruments are elaborated upon in the table below:

Legal Instrument Applicability Details

The Apostille Convention facilitates the utilization of

Applicable to all state parties
Apostille Convention depending on the ratification
dates of each party
public documents abroad through the issuance of
Apostille certificates by competent authorities in the
relevant countries of origin and aims to abolish
traditional and often lengthy and expensive legalization
requirements through a simplification of the
legalization process.

Regulation 2/2021 was issued in order to officially ratify

the Apostille Convention and also serves as the
accession document for Indonesia which was required
Regulation 2/2021 Effective 5 January 2021
to be submitted to the Ministry of Foreign Affairs in the
Netherlands in order to complete the administrative
protocol.

As a follow-up to the ratification of the Apostille

Regulation 6/2022
Convention, Indonesia has now appointed the Ministry
as the authority which is competent to handle Apostille
applications and the issuance of Apostille certificates
within Indonesia.
Effective 4 June 2022

In general, Regulation 6/2022 contains a set of technical

and implementing provisions that relate to the scope of
the Apostille service and the application procedure for
the issuance of Apostille certificates.

Regulation 101/2022 sets out tariffs for applications for

use of the Apostille service, which is categorized as
Regulation 101/2022 Effective 14 June 2022
urgent non-tax state revenue at a rate of Rp. 150,000 per
document.

Through an interview with Prita Suyudi, a notary and Vice-President Asia for International Cooperation of
International Union of Notaries, it is understood that once an Apostille certificate has been issued, it will be
applicable in the destination country if it passes the relevant verification process. Any differences between the
legal systems of different countries will not hinder the applicability of Apostille certificates.[5]

The understanding above was also addressed in an interview with Agvirta Armilia Sativa, a legal analyst and
international law coordinator at the Directorate of Central Authority and International Law, Directorate
General of Legal Administrative Affairs (“Directorate-General”) of the Ministry. In addition to that, Agvirta also
asserted that applications for Apostille certificates are not mandatory for all documents which will be used
abroad and that Apostille certificates are only required in cases where they are specifically requested by
officials in the destination country.[6]

B.   Scope of Public Documents

As stipulated in the Apostille Convention, Apostille certificates issued by the Ministry as the appointed
competent authority in Indonesia can only be affixed to public documents in the form of printed or written
letters that have been signed by the relevant officials as proofs of statement and/or that have been affixed
with official stamps and/or marks.[7] In general, the scope of the public documents that are covered under
the Apostille Convention encompasses the following:[8]
 1. Documents issued by authorities or public officials that relate to the state court, including documents
that are issued by public prosecutors, clerks or courts and bailiffs;
2. Administrative documents;
3. Documents that are issued by public notaries; and
4. Official certificates that are attached to documents and that are signed by individuals within the scope
of their civil authority.

Is important to note, however, that the Apostille Convention limits the scope of public documents and
excludes any documents which are executed by diplomatic/consular agents and documents that deal directly
with commercial or customs operations.[9] In addition, Indonesia has also opted to exclude documents issued
by the Indonesian Prosecutor’s Office from the scope of public documents referred to under the Apostille
Convention.[10]

Given the above, the Ministry has set out a detailed list of public documents in relation to which Apostille
applications are allowed. This list contains 66 types of documents that are issued by 12 types of official
agencies and institutions, as detailed below:[11]

Applicants should also understand that each destination country may require different types of documents to
be legalized. Some countries will require applicants to submit authentic copies of documents, while other
countries may also request Certified True Copies of documents. In cases where a destination country requires
applicants to submit a Certified True Copy of a given document, then the relevant applicant will be required
to legalize the copy of the relevant document through a public official listed above prior to submitting their
Apostille application. It is therefore important for applicants to confirm with the consulate or embassy in the
[12]
relevant destination countries prior to submitting their Apostille applications.

While the scope of the “Notary Documents” which are applicable in relation to the submission of Apostille
[13]
applications is rather broad, in general, the types of documents can be narrowed down to the following:

1. Notarial Deed;
2. Legalization Redactional (i.e. privately produced documents signed by a notary);
3. Waarmerking (i.e. the recording by a notary of privately produced documents that are not signed by the
notary); and
4. Certified True Copy (i.e. copy of any document that is authenticated by a notary).

The types of documents in relation to which Apostille may be requested are dependent on the documents
that are required by the country of destination. In an example case that we discussed during one of our
interviews for this ILD, a university in the Republic of Korea had requested that an applicant provide an
Apostille certificate on an affidavit letter issued by an official at an Indonesian campus. Knowing that this
document does not feature in the list of 66 documents outlined above, this affidavit had to first be legalized
[14]
by a notary prior to being submitted for an Apostille application.

Consequently, it is always important to gain an understanding of the required documents that are requested
[15]
by any destination country prior to submitting an Apostille application.

 
 C.   List of Countries in Which Apostille is Applicable
It is important to note that any documents that have been filed for Apostille will only be applicable for use in
the countries that are signatories to the Apostille Convention. A total of 122 countries are state parties to the
Apostille Convention,[16] the complete list of which can be found through the following website:

bit.ly/Apostilleparties

or by scanning the barcode below:

Pursuant to information provided by the Ministry, as of 12 June 2022, some 2539 requests for Apostille services
had already been submitted, with South Korea being the most popular country of destination (642 requests),
followed by the Netherlands (314 requests), Germany (280 requests), Italy (208 requests) and a number of
others.   

D.   Apostille vs. the Conventional Legalization Scheme

As outlined above, the Apostille system involves a quick, one-step process instead of the previously lengthy
procedure for the legalization of official documents. The flowcharts below offer a comparison between the
conventional legalization process and the legalization scheme that is now offered through Apostille.

Conventional Legalization Process

Legalization Process Through Apostille

  

As can be seen in the flowcharts above, the Apostille process does not require applicants to go through
different stages of authorization through different governmental agencies. Moreover, the overall process for
the issuance of Apostille certificates only requires three working days, while no estimated overall processing
time is given for the conventional legalization process, as applicants are required to complete several
authentication procedures.

The utilization of Apostille in place of the conventional legalization process also offers several other
advantages, which include but are not limited to the following:

1. A more streamlined and cheaper public document legalization process;

2. Encourages more open and transparent governance;
3. Overall improvement in public services through the elimination of inefficient bureaucratic procedures;
and
4. Increasing rates of foreign investment and improving the ease of doing business in Indonesia. 

II.  Apostille Application Procedure

Apostille applications can be submitted through the apostille.ahu.go.id website. It should be noted that the main
website menu is currently only available in Bahasa Indonesia. The following section offers an elaboration of the
application procedure for the issuance of Apostille certificates, which is summarized in the flowchart below:

A.   Account Registration

Prior to gaining access to the Apostille application, applicants are required to complete account registrations.
The account registration process breaks down as follows:

1. Registration of account through: Apostille.ahu.go.id

Browse to the Homepage and click on the “Register (Daftar)” button.

2. Fill out the account registration form

Applicants will be required to fill out the following data: Citizenship Number (Nomor
Induk Kependudukan – “NIK”), Full Name, Active Email Address and Phone Number.
3. Successful Registration
Upon the completion of a successful account registration, Applicants will be notified that
they should check their email account for an account activation.

4. Account Activation
Applicants should activate their account by clicking on the account activation link in
their email. Applicants will also receive their Login Information (i.e. NIK and pre-
generated password) in the email. It is important to note that applicants must activate
their account within 1 x 24 hours of receiving the activation link.

5. Successful Account Activation

Upon clicking the activation link in the email, applicants will be redirected to the
apostille.ahu.go.id homepage and will be shown a notice of Successful Account
Activation. Applicants should then click on the “Login” button to start using their
account.

6. Login
 Applicants should then Login at Apostille.ahu.go.id by filling out their Login Information,
namely: NIK and Password, as provided in the activation email.

7. Password Change
The password provided is generated by the system and it is therefore suggested that
applicants should change their password. In order to change a password, click on the
“Settings (Pengaturan)” button, as shown below.

Applicants will then be directed to the Settings page, as displayed below. Applicants may
create their own password in the Password section. Once a new password has been
created, an applicant may proceed by clicking on the “Edit” button.

Once the process above has been completed, applicants are now ready to submit their
Apostille applications.

B.   Submission of Application

In order to submit an application to secure an Apostille certificate, applicants must first Login through the
Apostille.ahu.go.id website using their NIK and password, as outlined above.

After a successful Login, applicants will be directed to the Homepage shown below. Afterward, applicants
should click on the “Make an Application (Buat Permohonan)” button.
Applicants will then be directed to the Application page shown below, where they should fill out the required
information on the Type of Documents and Country of Destination. It should be noted that the relevant
Country of Destination should be filled out in English (e.g. type “United States” and not “Amerika Serikat”).
The system will then generate the available application types in the Country of Destination. If the Country of
Destination is eligible for an Apostille application, then click on the “Apostille” option, as circled in the picture
below.

Applicants will then be required to fill out their Personal Data and Document Data.

Personal Data encompasses Name, Email, Phone Number, Gender, Country of Domicile, Address,
Personal Identification Document (to be uploaded as a file), NIK, Birthplace and Birthdate.

Document Data encompasses Type of Document, Document Number, Title of Document, Name in the
Document, Number of Document, Date of Document and Document Attachment (to be uploaded as a
file). In addition, applicants must also complete the Official Data on the document, which encompass the
Name of the Public Official, Issuing Agency, Position of the Official and the Place of Certificate Printing.
Applicants may submit applications that comprise more than one document by clicking on the “Add
Document (Tambah Dokumen)” option. After completing the application, applicants should click on the
“Save and Continue (Simpan dan Lanjutkan)” option.

After submitting their application, an applicant will be able to check the status of their Apostille application by
clicking on the “Application List (Daftar Permohonan)” menu, as provided on the Homepage.

The Application Status will be provided as shown below. For each application, the status will be displayed as:
Waiting for Verification, Application Rejected or Completed.

It should be noted that filling out the correct data during the submission of an application is crucial. In this
[17]
regard, applicants are advised to pay close attention to the following information:

1. The identities of both the endorsee and endorser must be in congruence with the power of attorney;
2. The name and position of the relevant public official must be in accordance with their position by the
time when the public document is being issued or being signed;
3. For any applicant who is submitting a Certified True Copy of a document, the name of the official that
should be submitted must be the name of the public official who legalized the copy of the
document; 
 4. For any applicant who is submitting an Authentic Document, the name of the official that should be
submitted must be the name of the official who issued the document; and
5. The name, address and position of any public official must be in accordance with their official stamps.

C.   Verification
Once an Apostille application has been submitted by an applicant, this process will be followed by a
verification conducted by the Ministry. This verification will ensure the following:[18]

1. Conformity of the content of an application form with the uploaded documents;

2. Conformity of the relevant official signature, official stamp and/or seal on the Documents with
Specimens held in the database of the Director-General of Public Law Administration (“Director-
General”); and/or
3. Validity of electronic signatures on electronic documents.

After the verification process has been completed, the ensuing process breaks down as follows:

Applications may be rejected in cases where any non-conformity is discovered in relation to the following
information:[19]

1. Information submitted in an Apostille application form and uploaded documents; and/or

2. Name of the relevant official, position, official signature, official stamp and/or seal on application
documents and data held in the database of the Director-General.

In addition, the Ministry has also summarized a number of general reasons for rejections, as encountered in
the field and as listed below:[20]

1. There is no stamp duty on the power of attorney;

2. The identities of the endorsee and endorser do not match;
3. There are indications that stamp duty has been reused or that a signature granting the power of
attorney has been forged;
4. A mismatch is discovered between the name on the document that is being applied for and the name of
the endorser or endorsee;
5. A mismatch is discovered between the position and issuing agency on the document that is being
applied for; or
6. The quality of scanned documents is too low.

In cases where applications are returned, the applicant must complete the following form:[21]
 The signed specimen form and/or other supporting documents must be submitted to the Director-General
within seven calendar days from the date upon which the relevant notification is delivered. Any failure to
submit said documents will result in a rejection of application and said applicant should then resubmit the
Apostille application in line with the processes outlined above.[22]

D.   Payment
Following the completion of a verification and the issuance of results that show that an Apostille application
has been declared correct and complete, the relevant applicant will receive a notification to pay the Apostille
application fee. The relevant payment order will be attached to the notification of verification results, which
can be downloaded and printed by the applicant.[23]

Regulation 101/2022 states that payments must be completed in line with the following requirements:

Apostille Application Fee[24] Payment Deadline[25]

Seven calendar days after the issuance of a notification. Any failure

Rp. 150,000 to complete this payment by the designated deadline will result in
a payment order becoming unusable and the applicant will then
per document
be required to resubmit their application.

E.   Issuance of Apostille Certificate

After completing a payment, the applicant will receive a notification stating that they may collect their
Apostille certificate. This collection must be completed within one business day of the notification being
issued. Applicants must present the documents that are being filed for Apostille at the service counter during
the collection of their Apostille certificates.[26]

At present, the collection of Apostille certificates may only be undertaken physically at the Apostille Service
Counter located at the following address:

Gedung Direktorat Jenderal Administrasi Hukum Umum

Jl. HR Rasuna Said Kav. 6 - 7

Kuningan Timur, Kuningan, Kecamatan Setiabudi

Jakarta Selatan, DKI Jakarta 12940

The regulation also allows for Apostille Service Counters to be provided through regional offices of the
[28]
Ministry.[27] However, this service is currently still being set up in terms of the allocation of resources.
Furthermore, the regulation also states that the Director-General will ultimately upgrade the manual Apostille
service to an electronic Apostille service (e-Apostille) in the future.[29]

 
III. Ensuring a Successful Application
 

A.   Frequently Asked Questions

It should be noted that the Apostille service has only just been introduced in Indonesia and that several
frequently asked questions, therefore, crop up in relation to applications for this service, as well as to the
applicability of Apostille certificates. The Ministry has produced a summary of the Frequently Asked Questions
that it receives from Apostille service applicants, which we have summarized in the table below: [30]

Question Answer

Where can applicants apply for the Apostille Applicants may apply through the following website:
service? apostille.ahu.go.id

How much is the Apostille service fee? Rp. 150,000 per document

Once a document has secured an Apostille

certificate, then will it still be required to No. Documents with Apostille certificates may be used
complete a legalization process through the directly in the relevant destination countries.
relevant embassy or consulate?

Apostille certificates feature a barcode in the top right

How can I verify the authenticity of an
corner. Verification of a certificate’s authenticity can be
Apostille certificate that has been issued in
completed by scanning the barcode or by accessing
Indonesia?
the verification page at: Apostille.ahu.go.id/verifikasi

It depends on the policy that applies in the

If a document was legalized before 4 June
destination country. Applicants are advised to re-
2022 is it still applicable for use in the
confirm the details with the relevant embassy or
destination country?
consulate.

Currently, Apostille certificates may only be collected in

person from the following address:

Gedung Direktorat Jenderal Administrasi Hukum Umum

Where should applicants collect their
Apostille certificates? Jl. HR Rasuna Said Kav. 6-7

Kuningan Timur, Kuningan, Kecamatan Setiabudi

Jakarta Selatan, DKI Jakarta 12940

Questions can be directed to the official

Contact Center (Tel: 150 0105)

or
Where can applicants submit questions
relating to Apostille service applications? Email: cs@ahu.go.id

The Directorate-General is currently in the process of

developing a live-chat feature that will be able to handle
inquiries.

B.   Tips for Apostille Applications

Having gained an understanding of the most frequently encountered mistakes in the field during
applications for the Apostille service and the collection of Apostille certificates, the Ministry has now provided
a summary of a number of tips that apply to the Apostille service and which break down as follows: [31]
 Applicants are advised to check the above-listed tips in order to ensure a successful Apostille service
application. (AR)

[1] Priskila Pratita Penasthika, “Urgensi Aksesi Terhadap Apostille Convention Bagi Negara-Negara Anggota ASEAN Dalam Menyongsong Masyarakat Ekonomi

ASEAN 2015, Prespektif Hukum Perdata Internasional Indonesia, Jurnal Penelitian Hukum dan Supremasi Hukum”, Vol. 24 No. 2, 2015.

[2] Hukumonline, “Belum Ratifikasi Konvensi Apostille 1961, Legalisir Dokumen Bisnis Internasional Masih Berlapis”, as accessed through:

https://www.hukumonline.com/berita/a/belum-ratifikasi-konvensi-Apostille-1961--legalisir-dokumen-bisnis-internasional-masih-berlapis-lt5bcdc0ddcbc61/ on 21
July 2022.

[3] Kontan.id, “Ramai Dibahas, Apa itu Sertifikat Apostille dan Kegunaannya”, as accessed through: https://nasional.kontan.co.id/news/ramai-dibahas-apa-itu-
sertifikat-Apostille-dan-kegunaannya, on 21 July 2021.

[4] Kemenkumham, “Luncurkan Layanan Apostille, Kemenkumham Pangkas Proses Legalisasi Dokumen”, as accessed through:
https://portal.ahu.go.id/id/detail/75-berita-lainnya/3053-luncurkan-layanan-Apostille-kemenkumham-pangkas-proses-legalisasi-dokumen on 16 July 2022.

[5] The interview was conducted on 21 July 2022.

[6] The interview was conducted on 26 July 2022.

[7] Art. 1 (2), Regulation 6/2022.

[8] Art. 2 (3), Regulation 6/2022.

[9] Art. 1, Apostille Convention.

[10] Appendix, Regulation 2/2021.

[11] Training materials titled “Tata Cara Permohonan Apostille pada Direktorat Jenderal Administrasi Hukum Umum” that were used during a training session
held in Bali on 14 June 2022.

[12] IBased on interview with Agvirta Armilia Sativa on 26 July 2022

[13] Based on interview with Prita Suyudi on 21 July 2022.

[14] Ibid.

[15] Based on interview with Agvirta Armilia Sativa on 26 July 2022.

[16] Note that Apostille for China is only applicable in Hong Kong and Macau, while Apostille for Saudi Arabia will be applicable starting from 7 December 2022

[17] Based on interview with Agvirta Armilia Sativa on 26 July 2022.

[18] Art. 4, Regulation 6/2022.

[19] Art. 5 (1), Regulation 6/2022.

[20] Training materials titled “Tata Cara Permohonan Apostille pada Direktorat Jenderal Administrasi Hukum Umum” that were used during a training session
held in Bali on 14 June 2022.

[21] Appendix I, Regulation 6/2022.

[22] Art. 6, Regulation 6/2022.

[23] Art. 7, Regulation 6/2022.

[24] Art. 1 (2), Regulation 101/2022.

[25] Art. 7 (3 - 5), Regulation 6/2022.

[26] Art. 8 (1), Regulation 6/2022.

[27] Art. 8 (1), Regulation 6/2022.

[28] Based on interview with Agvirta Armilia Sativa on 26 July 2022.

[29] Republika, ‘Kemenkumhan Resmikan Layanan Apostille yang Berlaku di 121 Negara’ as accessed through:
https://www.republika.co.id/berita/rdh3b0428/kemenkumham-resmikan-layanan-Apostille-yang-berlaku-di-121-negara on 14 July 2022.

[30] Training materials titled “Tata Cara Permohonan Apostille pada Direktorat Jenderal Administrasi Hukum Umum” that were used during a training session
held in Bali on 14 June 2022.

[31] Training Materials titled “Tata Cara Permohonan Apostille pada Direktorat Jenderal Administrasi Hukum Umum” that were used during a training session
held in Bali on 14 June 2022.

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