Reasessing Indonesia’s Apostille Implementation: Should Notaries be Granted Apostille Authority?

Indonesia’s accession to the Apostille Convention, through Presidential Regulation No. 2 of 2021, represents a significant step toward simplifying the legalization process for documents intended for cross-border use. However, the implementation of the Apostille in Indonesia continues to face legal challenges, particularly concerning the verification period, which often exceeds the time limits stipulated in Regulation of the Minister of Law and Human Rights No. 6 of 2022. This issue has prompted discussions about transferring Apostille authority to notaries, by leveraging cyber notary systems to support notarial tasks related to Apostille issuance. This study employs a normative juridical approach combined with comparative legal analysis. This findings indicate that delegating Apostille authority to notaries may enhance the flexibility and efficiency of the Apostille process, given that notary are widely distributed across Indonesia and are bound by professional code of ethics and ethical accountability in performing their duties. A cyber notary system, particularly in the form of digitally authenticated official signatures managed by the Ministry of Law in coordination with the Indonesian Notary Association (Ikatan Notaris Indonesia), could significantly support notaries in the issuance of Apostille certification.