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Mar

04

Foreign Document Legalization: Implementation of Presidential Regulation No. 2 of 2021 concerning Ratification of the Convention abolishing the requirement of legalization for Foreign Public Document

In January 2021, Presidential Regulation No. 2 of 2021 concerning Ratification of the Convention abolishing the requirement of legalization for Foreign Public Document (“PR 2/2021”) was enacted by the Government. According to the Convention abolishing the requirement of legalization for Foreign Public Document (“Apostille Treaty”), there are four types of documents mentioned, viz. court documents, administrative documents, notarial acts, and official certificates. Official certificates are regarded as those that 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. Under the Apostille Treaty, the need for double certification by the originating country and the receiving country has been removed and now an apostille is sufficient to certify a document’s validity.

Prior to the PR 2/2021, any document issued/executed outside Indonesia were required to be notarized by the public notary of its origin country and later legalized by the consulate general of The Republic of Indonesia in the origin country in order to be enforced or to be presented as court evidence in Indonesia. The documents, among others, were a commercial contract, circular resolution in lieu of a general meeting of shareholders, power of attorney, etc. 

After the enactment of the PR 2/2021, some law experts have the opinion that the legalization of foreign public documents is no longer needed. However, the PR 2/2021 does not define the meaning of a foreign public document and it does not provide further instruction on the implementation of the PR 2/2021.

Implementation of the PR 2/2021

Since the PR 2/2021 does not define clearly the meaning of foreign public documents, it is strongly advisable to consult with a competent legal advisor to get clear information on whether such documents are needed to be legalized or not by the consulate general of The Republic of Indonesia. For example, for documents that would be used for court purposes, we would advise our clients to legalize the documents. As for the documents for commercial purposes, legalization might be no longer needed.

How can Schinder help

The legalization process, in particular during the pandemic, might tend to be lengthy and require some cost. Thus, professional advice, on whether the document should be legalized or not, is needed concerning the implementation of PR 2/2021.

The lawyers ’team of Schinder has extensive experience to assist clients in drafting commercial contracts, preparing legal documents related to M&A, preparing documents for court hearing purposes as well as liaising with a public notary, government authorities, and court officers. Should you or your company need to have a legal opinion related to foreign document legalization, please do not hesitate to contact us or drop us an email at info@schinderlawfirm.com 

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Dear valued Visitor,

Data is a valuable currency in this new world. In the midst of digital transformation, the Indonesian government has taken the final decision to pass the Pelindungan Data Pribadi (PDP) Bill by September 2022. The PDP Law applies to all businesses established in Indonesia and puts the consumer in control. The task of complying with this regulation falls upon businesses.

The PDP Law affects a variety of business operations, including how your sales team prospect and how marketing initiatives are managed. Businesses have had to reassess their business procedures, applications, and forms. Additionally, all businesses that work with personal data should designate a Data Protection Officer (DPO) or data controller to oversee PDP compliance.

In line with this spirit, it gives us great pleasure to announce and share with all our esteemed clients and business associates that Schinder Law Firm is prepared to assist your company to understand the impacts of the Personal Data Protection Law (PDPL) and take the required measures to comply with the law. Our Privacy, Data Protection, and Cybersecurity practice group is a pioneer in providing data privacy law services in Indonesia. Personal data protection services include but are not limited to:

  • Assessing the existing systems, processes, and controls, etc.
  • Providing provide gap assessment on the existing systems, processes, and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDP Law
  • Developing policies, best practices, and procedures
  • Advising on the security of personal data and managing data breaches
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role, and responsibilities of a data protection officer
  • Advising on cross-border transfers of personal data
  • Carrying out data protection impact assessments and data protection audits
  • Recommending other necessary corrective actions in order to comply with the PDP Law
  • Training on the PDP Law tailored to clients’ businesses

We look forward to many more opportunities in the year ahead with your continued support and trust. For consultation, please send us a WhatsApp or Email.

Warmest regards,
Naz Schinder
Managing Partner

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Keep Up with the New Law in Indonesia: Personal Data Protection

  • Assessing the existing systems, processes and controls, etc.
  • Providing provide gap assessment on the existing systems, processes and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDPL.
  • Developing policies, best practices and procedures.
  • Advising on security of personal data and managing data breaches.
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role and responsibilities of a data protection officer.
  • Advising on cross-border transfers of personal data.
  • Carrying out data protection impact assessments and data protection audits.
  • Recommending other necessary corrective actions in order to comply with the PDPL.
  • Training on the PDPL tailored to clients’ businesses.
Privacy, Data Protection and Cyber Security
We help our clients to understand the impact of the Personal Data Protection Law (PDPL) on their companies and take the required measures to comply with the law.
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