OBLIGATIONS TO LEGALIZE A DOCUMENT THAT MADE OVERSEA

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OBLIGATIONS TO LEGALIZE A DOCUMENT THAT MADE OVERSEA

OBLIGATIONS-TO-LEGALIZE-A-DOCUMENT-THAT-MADE-OVERSEA

The process by a foreign company to acquire investment licensing and non-licensing in Indonesia will also involve document legalization procedures, which mainly applies to a document being issued by the oversea authority and then to be used in the process of acquiring permits in Indonesia.  The obligations to legalize such documents often meet some problems in practice, in some case we meet, the document cannot be legalized by the Ministry of Foreign Affairs of the Republic of Indonesia because it is not legalized beforehand by the Representative’s office of the Republic of Indonesia in the issuing country.  This problem occurred due to the lack of knowledge on the legalization procedures that applies in Indonesia, and we observe this mostly happen to the foreign enterprises that are trying to establish a company in Indonesia without consulting first with Indonesian legal consultant.  Therefore, we will outline our knowledge on this topic of legalizations on the documents that is being made oversea.

The obligation to do legalization on any document that was made or issued from oversea is stipulated under the attachment of the Regulations of the Minister of Foreign Affairs Number 09/A/KP/XII/2006/01.  You may see in point 70 of the attachment, it is being specified that any foreign documents being issued oversea and to be used in the territory of Indonesia must through a legalization procedures at the Ministry of Justice and/or the Ministry of Foreign Affairs and the representatives of the Republic of Indonesia in the local country.

The explanation of legalization under point 68 of Regulations of the Minister of Foreign Affairs Number 09/A/KP/XII/2006/01 is a validation on a document and only conducted towards the signature and shall not include the authenticity of its contents.

Based on the abovementioned provision, please be informed that the legalization by the representatives of the Republic of Indonesia shall only validate the authenticity of a stamp and/or a signature, and not to declare the legality of the contents of the legalized documents.

Type of Documents You Can Legalize

  1. Translation document
  2. Documents with foreign in nature such as Birth Certificate, Marriage Certificate, Divorce Certificate, Qualification, Diploma, Academic Transcript, etc. that has been translated into Indonesia language.  If the translation of the document is not being translated by a sworn translator, the upper right corner of the document should be written with “Unofficial Translation”.   Please be informed that the translation of the document must be in accordance with the original version and may not be changed, supplemented, or deleted.

  3. A copy of document which being legalized to acknowledge it is in accordance with the original version
  4. This type of legalization is to declare that the copy or photocopy of the original documents such as Birth Certificate, Divorce Certificate, Diploma, etc. is in accordance with the original version.

  5. Power of Attorney or statement of sales and purchase/agreement/contract that being signed and issued from the oversea and to be used in Indonesia
  6. Your private document
  7. Corporate Document and document owned by foreign nationals
  8. Death certificates and any other death registration documents

Procedures on Document Legalization
Before you use a document that is being made or issued oversea in Indonesia, you need to go through the following procedures:

  1. The applicant to appear before the consular division of the Embassy of the Republic of Indonesia in the country where such document is being issued;
  2. The applicant to fill in the application form in the Embassy of the Republic of Indonesia;
  3. The applicant to show an identification card; and
  4. Attach the application and original documents.  After the application is completed, the original document will be returned.

After the legalization in the Embassy of the Republic of Indonesia is completed, the legalized foreign document may be used in Indonesia, such as for process in acquiring the business permit.  Hence, please note that there is no foreign documents may be used in Indonesia before being legalized by the Embassy of the Republic of Indonesia in the local country.

HOW CAN SMART CONSULTING HELP YOU?

SMART Consulting is an Indonesian Corporate Legal Services firm. SMART has assisted Clients of multinational companies who run business in Indonesia. Consisting of professionals, SMART will be your experienced full-time partner to handled your business legal matters.

Contact Us Now to get your legal solution for your business goals, and still comply with the prevailing laws and regulations.

E          : info@smartcolaw.com 
H         : +62821-1234-1235
O         : +6221-80674920

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