The Hague Convention 1961: Solution of Foreign Public Document Legalization for Indonesia and ASEAN Member Countries

Abstract

The main discussion of this study is why Indonesia and some Asean member countries so far have not participated as contracting state to The Hague Convention 1961 (Apostille Convention). This leads to the situation that anyone who needs the legalization of public documents to be used abroad, he/she must go through repeated legalizations to various institutions of the respective authorities. This is not only time consuming and costly to individual or corporate who requires the legalization, but also hinder the respective government's program to enhance foreign direct investment to their own country. The objective of this study, therefore, is particularly to encourage Indonesia as well as Asean member countries to become a contracting state to The Hague Convention 1961. This qualitative study is conducted based on the observation on some Indonesian representatives overseas, as well as on notary offices of Indonesia. Literatures and scientific studies from Indonesia and overseas, as well as interviews with high-rank officials of the Ministry of Foreign Affairs of Indonesia, and diplomats from Indonesian representatives abroad are also used and conducted to fulfill the objective comprehensiveness of this study. This study eventually provided some suggestions that Indonesia as well as Asean member countries would immediately take action to become contracting state to The Hague Convention 1961.