Indonesian Notary and Vienna Convention on Consular Relations 1963: the Issues and Challenges

Abstract

One of the main authorities of notary public is to make or issue authentic notarial deed for anyone or any party who needs it. While in Vienna Convention on Consular Relations 1963 it is stipulated that the consular functions, inter alia, is acting as a notary. This provision universally applies to any country’s representative (embassy or consulate) overseas, particularly to it’s consular department.  Meanwhile, Indonesia has ratified the Convention into the Law No. 1 of 1982. However, Indonesian representatives (c.q. consular department of the Embassy or Consulate)  so far are not authorized to make authentic notarial deed as performed by notary public in Indonesia. This situation leads to some problems for certain Indonesian citizen or corporate who is residing abroad and need an authentic notarial deed from Indonesian Embassy or Consulate. The Indonesian citizen or corporate overseas who needs an authentic notarial deed, they must go to a notary public in Indonesia, which takes time and costly. This 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.  To overcome the problem, therefore, this article provides some suggestions that Indonesian government would authorize Indonesian representative (c.q consular department of the Embassy or Consulate) abroad to make or issue authentic notarial deed. This is in order to serve any Indonesian citizen or anyone overseas who needs the notarial service from the Indonesian representative abroad as mandated by Vienna Convention on Consular Relations 1963.