Deklarationen
Artikel: 1
Declaration:
05-10-2021
The Government of the Republic of Indonesia is bound by the provisions of Article 1 on the scope of public documents in the Convention with a declaration statement that provided that the documents issued by the prosecutor office as the prosecuting body in the Republic of Indonesia, are not included in public documents whose requirements of legalization have been abolished as set forth in this Convention.
France
05-10-2022
(Translation)
The Government of the French Republic has carefully examined the declaration made by the Government of the Republic of Indonesia on 5 October 2021 upon Indonesia’s accession to the Convention abolishing the requirement of legalisation for foreign public documents of 5 October 1961 (hereinafter referred to as “the Convention”).
The declaration, according to which the Government of the Republic of Indonesia is bound by the provisions of Article 1 defining public documents for the purposes of the Convention on the condition that documents emanating from the office of the prosecutor in its capacity as the prosecuting body of the Republic of Indonesia are not included among the public documents for which the requirement of legalisation has been abolished under the Convention, amounts to a reservation insofar as it seeks to limit the legal effect of Article 1 of the Convention with regard to the Republic of Indonesia.
Under Article 1(2) of the Convention, documents emanating from a public prosecutor are deemed to be public documents, unless they have been executed by diplomatic or consular agents or concern administrative documents dealing directly with commercial or customs operations.
The prosecutor is an authority or an official falling under the jurisdiction of the State, and consequently the documents issued by the prosecutor in this capacity must be considered public documents under the Convention within the meaning of Article 1. Any reservation excluding these documents from the abolition of the requirement of legalisation substantively restricts the material field of application of the Convention and for this reason is incompatible with the object and purpose of the Convention.
The French Republic therefore objects to the reservation made by the Republic of Indonesia. This objection does not preclude the entry into force of the Convention between the French Republic and the Republic of Indonesia.
The Netherlands
04-10-2022
The Government of the Kingdom of the Netherlands has the honor to refer to the declaration made by the Government of the Republic of Indonesia on 5 October 2021 upon its accession to the Convention abolishing the requirement of legalisation for foreign public documents (hereinafter referred to as “the Convention”).
The Government of the Kingdom of the Netherlands has examined the declaration, in which the Government of the Republic of Indonesia states that documents issued by the prosecutor office as the prosecuting body in the Republic of Indonesia are not included in public documents whose requirements of legalisation have been abolished as set forth in the Convention.
Article 1 of the Convention provides that documents emanating from an authority or an official connected with the courts or tribunals of the State, including those emanating from a public prosecutor are deemed to be public documents. Since the declaration limits the legal effect of the application of Article 1 of the Convention to public documents, the declaration by the Government of the Republic of Indonesia amounts to a reservation.
The Government of the Kingdom of the Netherlands is of the view that, in the absence of further clarification, this reservation is incompatible with the object and purpose of the Convention according to customary international law as codified in Article 19(c) of the Vienna Convention on the Law of Treaties.
The Government of the Kingdom of the Netherlands therefore objects to the reservation made by the Government of the Republic of Indonesia.
This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the Republic of Indonesia.
Germany
22-03-2022
(Translation) (original: German)
The Government of the Federal Republic of Germany has carefully examined the declaration dated 5 October 2021 made by the Government of the Republic of Indonesia on the occasion of the accession of the Republic of Indonesia to the Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents (hereinafter referred to as "the Convention").
The declaration by the Government of the Republic of Indonesia pursuant to which it is bound by the provisions of Article 1 on the scope of public documents in the Convention, provided that the documents issued by the prosecutor office as the prosecuting body in the Republic of Indonesia are not included in public documents whose requirements of legalization have been abolished as set forth in this Convention, constitutes a reservation, since the purpose of the declaration made by the Government of the Republic of Indonesia is to limit the legal effect of Article 1 of the Convention as applied to the Republic of Indonesia.
Article 1(2) of the Convention provides that documents emanating from a public prosecutor shall be deemed to be public documents, unless the documents are executed by diplomatic or consular agents or relate to administrative documents dealing directly with commercial or customs operations.
Public prosecutors are an authority or an official connected with the courts or tribunals of the State; consequently, documents issued by them in this capacity are to be deemed as public documents covered by the Convention within the meaning of Article 1. A reservation excluding these documents from exemption from legalization is not compatible with the object and purpose of the Convention. The reservation made by the Republic of Indonesia is therefore inadmissible.
The Federal Republic of Germany objects to this reservation by the Republic of Indonesia. This objection does not prevent the entry into force of the Convention between the Federal Republic of Germany and the Republic of Indonesia.