Notarial legalisation (legalisasi) is the certification of signatures and the fixing of the date of a private document signed before a notary, which is then recorded in a special register (Article 15(2)(a) of the UU Jabatan Notaris, the Notary Law). Waarmerking is the registration in the notary's special register of a document that was signed earlier. A copie collationnée, often written "copy collationnée", is a copy or photocopy that the notary has checked against the original. None of the three turns the document into an authentic deed.
Four powers in Article 15(2) UUJN
| Point | Name in practice | What the notary does | What is made certain |
|---|---|---|---|
| a | Legalisation | The parties sign the document before the notary; the notary checks identification and records the document in the register | Who signed and on what date |
| b | Waarmerking (registration) | A document already signed is registered in the special register | The document existed on the date of registration |
| c | Copie collationnée | The notary makes a copy of a private document setting out its contents as written and depicted in the original | The copy matches the original document |
| d | Certified photocopy (legalisir fotokopi) | The notary checks a photocopy against the original document | The photocopy matches the original shown |
The notary keeps a register of certified private documents and a register of registered private documents (Article 58 UUJN), so the existence and date of a document can be traced later.
The difference between a private document and an authentic deed is discussed in more detail in authentic deeds and private documents.
Notarial legalisation: how it works and what it proves
In legalisation, the parties draft the document themselves. What happens at the notary's office:
- All signatories attend in person with original identification.
- The notary checks the identity and authority of each signatory, for example where a signatory represents a legal entity.
- The contents of the document can be explained to the parties if they ask.
- The parties sign the document before the notary.
- The notary adds a legalisation certificate with a number and date, and records it in the register.
A legalised document remains a private document. Its value lies in the certainty of the signatories' identity and the date of signing, so the signatures and the date are hard to deny later. The truth of the contents remains the parties' responsibility. If the document carries another date, what the notary makes certain is still the date it was signed before the notary.
For a person who cannot sign, Article 1874 of the KUHPerdata (Indonesian Civil Code) treats a thumbprint as equal to a signature if it is accompanied by a dated statement from the notary that the notary knows the person or the person was introduced to the notary, that the contents of the document were explained, and that the thumbprint was made before the notary.
Agreements, statements and similar documents used as evidence are subject to stamp duty (bea meterai) of Rp10,000 per document (Articles 3 and 5 UU 10/2020).
Legalisation is commonly used for powers of attorney, statements, consents and agreements that the law does not require to be made as an authentic deed.
Waarmerking: when it is used
Waarmerking is used when the document was signed before it was brought to the notary, for example because the parties signed it in different places. The notary did not witness the signing, so does not guarantee who signed and when. All that is made certain is that the document existed and was registered on the date of registration. The date of signing in the document may differ from the date of waarmerking.
Waarmerking is also used to record older documents, for example an agreement signed years earlier, so that its existence is recorded as of a certain date. Registration does not cure defects in the document and does not replace registration that the law requires with another authority, such as registration of rights at the land office.
Where certainty about the signatures matters, for example because one party might later deny signing, legalisation gives stronger protection than waarmerking.
Copie collationnée and certified photocopies
A copie collationnée and a certified photocopy meet the same need: showing that a copy or photocopy matches the original document. The original must be shown to the notary. The notary only states that the copy matches the original shown, not that the document itself is genuine or that its contents are true. The statement of conformity is placed on the copy or photocopy, with the date, the notary's signature and the notary's stamp.
Two things should be distinguished:
- Copies of a notarial deed are issued by the notary who holds the minuta (original deed), not by certifying a photocopy.
- Certification by the issuer of the document: some institutions may ask for certification from the issuer, for example a university for a diploma. The receiving institution's requirements should be checked first.
Documents to prepare
Legalisation
- the document to be signed, unsigned, in the number of copies needed
- original identification of every signatory (KTP-el, the electronic identity card, or passport)
- if representing a legal entity: the latest articles of association and proof of the signatory's authority
- duty stamps (meterai), if the document is subject to stamp duty
Waarmerking
- the original signed document
- identification of the person submitting it
Copie collationnée or certified photocopy
- the original document and its photocopy
Legal basis
- Law No. 30 of 2004 on the Office of Notary as amended by Law No. 2 of 2014 (Undang-Undang Nomor 30 Tahun 2004, Undang-Undang Nomor 2 Tahun 2014), Article 15(2) and Article 58
- Kitab Undang-Undang Hukum Perdata (Civil Code), Articles 1874 and 1874a
- Law No. 10 of 2020 on Stamp Duty (Undang-Undang Nomor 10 Tahun 2020)
- Regulation of the Minister of Law No. 50 of 2025 on Apostille Services (Peraturan Menteri Hukum Nomor 50 Tahun 2025)
Frequently asked questions
Does a document legalised by a notary become an authentic deed?
No. It remains a private document. Legalisation strengthens certainty about who signed and when, but the notary neither drafts nor guarantees its contents.
What is the difference between legalisation and waarmerking?
With legalisation, the document is signed before the notary. With waarmerking, the document was signed earlier and the notary only registers it.
Can a legalised document be used abroad?
Yes. The notary's signature on the legalisation certificate can be apostilled for countries party to the Apostille Convention (Article 2 Permenkum 50/2025). The steps are discussed in apostille for Indonesian documents.
When is legalisation not enough?
Where the law requires an authentic deed, for example establishing a PT (limited liability company) or a sale of land that must be made by a PPAT (land deed official) deed, legalisation cannot replace it. Beyond that, an authentic deed gives evidential force to the contents of the agreement, whereas legalisation covers only the signatures and the date.
Every document has different needs. If you would like to discuss a document to be legalised, you are welcome to make an appointment with our office.