PERAN DAN BATASAN KEWENANGAN NOTARIS DALAM PROSES APOSTILLE PADA DOKUMEN PUBLIK DI INDONESIA

Abstract

Indonesia’s accession to the Apostille Convention through Presidential Regulation Number 2 of 2021 marks a significant transformation in the mechanism for authenticating public documents for cross-border use. This reform replaces the previous tiered legalization system, which required lengthy procedures and involvement from multiple institutions. Nevertheless, ambiguity remains regarding the extent of notaries’ authority within the apostille procedure, as well as the limitations of their role under the existing legal framework. Based on these considerations, this study formulates the research question concerning the role and the boundaries of notarial authority in the apostille process for public documents in Indonesia. This research employs a qualitative juridical method with a normative approach, examining statutory regulations, legal doctrines, and relevant legal principles governing the implementation of apostille services, particularly those relating to the position of notaries. The findings indicate that notaries play a strategic role in providing initial legalization of both public and private documents, which serve as prerequisites before the apostille certificate can be issued. This authority constitutes an attribution of power granted directly by the Notary Office Act. However, the limitations of notarial authority lie in the absence of any power to issue apostille certificates, as such authority rests exclusively with the Directorate General of General Legal Administration as the competent authority. Consequently, the role of notaries within the apostille system is supportive in nature, restricted to the verification and legalization stages without exceeding the administrative powers established under statutory regulations.

Keywords: Notary, Legalization of Public Documents, Attribution Authorit