A CHALLENGES IN THE IMPLEMENTATION OF THE LEGALIZATION OF FOREIGN PUBLIC DOCUMENTS BY NOTARIES THROUGH THE APOSTILLE MECHANISM IN INDONESIA

Abstract

The legality of foreign public documents is a crucial aspect of civil legal relations between countries. Prior to the 1961 Apostille Convention, the legalization process in Indonesia involved a lengthy and complicated procedure. Following Indonesia's accession as a country to the Apostille Convention through Presidential Regulation Number 2 of 2021 concerning the Ratification of the Convention Abolishing the Requirement of Legalization for Foreign Public Documents in 2022, the legalization system underwent significant changes. This study aims to analyze the legal standing and authority of Notaries in the legalization of foreign public documents after the accession of the Apostille Convention and the challenges in implementing the Apostille mechanism by Notaries. This study employs a normative juridical method, utilizing a statutory regulatory and legal doctrine approach. The results of the study indicate that the implementation of the legalization mechanism through the Apostille has accelerated and simplified the legalization process, although challenges remain in synchronizing regulations and understanding legal practitioners.