The procedure for legalizing foreign public documents after the Apostille Convention accession: A statutory approach study

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Abstract

This research was based on the national efforts to simplify the procedure for the legalization of foreign public documents to improve the investment climate. This research focuses on the implementation of the legalization of foreign public documents after the accession of the Apostille Convention in Indonesia. The main basis for examination was Presidential Regulation No. 2 of 2021 on the Accession of the Convention of Abolishing the Requirement of Legalization for Foreign Public Documents, also known as the Apostille Convention. The method used is a normative juridical research method. This research emphasizes library research by using secondary data sources such as statutory provisions, legal theory, and scientific works (Suteki & Taufani, 2020). The statutory approach is carried out by analyzing the statutory provisions related to the legal issues being studied (Marzuki, 2016). Furthermore, an analysis of legal materials is carried out using qualitative analysis described in sentences without mathematical calculations or statistics as an analytical tool. The results showed that the implementation of the Apostille Convention does not necessarily render the current legalization of public documents invalid, but rather replaces it with a simpler procedure, namely the issuance of an apostille certificate, which functions as a statement of the validity of the document. The conclusion highlighted the need for ratifying the Apostille Convention comes into force, especially in ASEAN member countries to enhance the foreign direct investment in this association.

Keywords: Legalization, Documents, Procedure, Foreign Public Documents, Apostille

Authors’ individual contribution: Conceptualization — N.T.; Methodology — N.T.; Validation — M.C.; Formal Analysis — M.C. and N.T.; Investigation — M.C.; Resources — M.C.; Data Curation — N.T.; Writing — Original Draft — M.C. and N.T.; Writing — Review & Editing — N.T.; Visualization — M.C.; Supervision — N.T.; Project Administration — N.T.; Funding Acquisition — M.C. and N.T.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

Acknowledgements: The Authors indebted to the Faculty of Law, Diponegoro University for the research support.

JEL Classification: P37, Z32, Z38

Received: 24.05.2022
Accepted: 10.10.2022
Published online: 12.10.2022

How to cite this paper: Crisindiana, M., & Trihastuti, N. (2022). The procedure for legalizing foreign public documents after the Apostille Convention accession: A statutory approach study. Corporate Law & Governance Review, 4(2), 8–16. https://doi.org/10.22495/clgrv4i2p1