An Indonesian company or a person living in Indonesia can handle most Indian legal work remotely. Since Indonesia joined the Apostille Convention in 2022, documents are signed before an Indonesian notary and apostilled online through the law ministry's AHU service, then stamped in India. Indonesia is not a reciprocating territory, so Indonesian judgments need a fresh suit in India, and arbitration clauses are important. India and Indonesia have a tax treaty.
- Document route
- Indonesian notary (notaris), then apostille through the AHU system
- Time difference
- IST is 1h30 behind Jakarta, 2h30 behind Bali and 3h30 behind Papua (no daylight saving)
- Foreign judgments in India
- Not reciprocating: fresh suit
- Apostille with India
- In force (Indonesia joined in 2022)
Trade, investment and the Indian community in Indonesia
Indonesia is one of India's largest trading partners in Southeast Asia. Indian power plants and steel mills burn Indonesian coal, Indian refiners buy Indonesian palm oil, and Indian companies have invested in Indonesian mining, textiles, automotive parts and infrastructure. Indonesian groups in turn sell into India and some open liaison, branch or project offices to manage Indian customers. Both countries trade under the ASEAN and India goods agreement.
The Indian community in Indonesia includes Sindhi and Punjabi business families in Jakarta and Surabaya, Tamil communities around Medan with roots going back over a century, and professionals in banking, IT and mining. The legal work we handle from Indonesia is mostly commercial: opening a branch or liaison office in India, drafting supply contracts, chasing unpaid Indian buyers, arbitration, and company formation, plus powers of attorney for family property and bank matters.
Notarisation and apostille in Indonesia
Indonesia's accession to the Hague Apostille Convention took effect on 4 June 2022, so documents travelling from Indonesia to India now need an apostille rather than legalisation at the Indian Embassy. The usual steps are:
- Sign private documents, such as board resolutions and powers of attorney, before an Indonesian notary (notaris), or have a notary certify a copy of a company deed.
- Apply for the apostille through the AHU online apostille service of Indonesia's law ministry, which verifies the notary or issuing official. Public documents, such as civil registry certificates, can be apostilled directly.
- Courier the original to India and have it stamped within three months of arrival.
Indonesian company documents are usually in Bahasa Indonesia, including the deed of establishment and its amendments approved by the law ministry, so certified English translations are needed in India. Indian citizens in Indonesia can still have powers of attorney attested at the Embassy in Jakarta or the Consulates General in Medan and Bali, which some Indian sub-registrars prefer.
Most requested services from Indonesia
These are the six services Indonesian companies and people in Indonesia most often need from us. Each page explains how the matter runs from Indonesia, from the notaris and AHU apostille to the Indian bank, registrar, court or tribunal.
Branch & Liaison Office
Indonesian exporters and groups open liaison or branch offices in India to manage customers before setting up a subsidiary.
Commercial Contracts
Coal, palm oil, mineral and manufactured goods contracts with Indian buyers need terms that can be enforced in India.
Money Recovery from India
Indonesian suppliers are sometimes left with unpaid invoices or demurrage claims against Indian buyers.
Company Setup for Foreigners
Indonesian entrepreneurs and Indians based in Indonesia register Indian companies to trade or provide services.
International Arbitration
Indonesian judgments are not directly enforceable in India, so contracts rely on arbitration awards.
Power of Attorney
Indians living in Indonesia need an apostilled or Embassy attested power of attorney for property and bank work at home.
The India and Indonesia tax treaty and payments
India and Indonesia renegotiated their double taxation avoidance agreement in 2012, and it applies to dividends, interest, royalties and business profits between the two countries. An Indonesian company claiming treaty rates on Indian payments needs a certificate of residence from the Indonesian tax authority and must file Form 10F in India. Indian buyers of goods from Indonesia generally do not deduct Indian tax on the price of goods, but payments for services, freight or royalties can attract withholding.
Most commodity trades are paid by letter of credit or telegraphic transfer through banks in both countries, and disputes often turn on quality certificates, demurrage and price adjustments. For individuals, NRIs in Indonesia can repatriate up to USD 1 million per financial year from NRO balances after tax with Forms 15CA and 15CB. When Indian buyers default, see our page on money recovery from India.
Indonesian judgments and arbitration with India
Indonesia is not a reciprocating territory under section 44A of the Code of Civil Procedure. An Indonesian court judgment cannot be executed directly in India; the creditor must file a fresh suit in India, in which the judgment is conclusive between the parties unless a section 13 ground applies, for example that the judgment was not given on the merits.
That makes arbitration the usual choice in contracts with Indian parties. Many Indonesian commodity contracts choose Singapore as the seat, which gives an award enforceable in India under Part II of the Arbitration and Conciliation Act. Indonesia is itself a New York Convention country, but whether India has notified it for reciprocity should be confirmed for any award seated in Indonesia before enforcement is planned. Our page on international arbitration in India explains the enforcement process.
Practical points for clients in Indonesia
Indonesia spans three time zones. Jakarta and Sumatra are one and a half hours ahead of India, Bali and Makassar two and a half hours ahead, and Papua three and a half hours ahead. A 10 am call in Jakarta is 8.30 am in India, so working days overlap well. Couriers from Jakarta usually reach North India within three to six working days.
Indonesian law generally requires agreements involving Indonesian parties to be in Indonesian, often in bilingual form, so contracts with Indian parties should say which language prevails and our English drafts should be read alongside your Indonesian counsel's advice. Public holidays differ too: Indonesian holidays such as Idul Fitri and Indian court vacations can each slow a matter for a week or more, so we plan filing dates around both calendars. Keep certified translations of your company deeds ready, as Indian banks, registrars and courts will ask for them, and make sure the person signing for an Indonesian company is authorised under its articles.
All services for clients in Indonesia
NRI Property Law
- Property Disputes
- Encroachment & Illegal Possession
- Partition of Family Property
- Buying & Selling Property
- Title Search & Due Diligence
- Tenant Eviction
- Builder Delay & RERA
Inheritance & Documents
Cross-Border Family Law
- Divorce for NRIs
- International Child Custody
- Maintenance & Alimony
- Marriage Registration
- 498A & Dowry Case Defence
- OCI Card Issues
Doing Business in India
- Company Setup for Foreigners
- Indian Subsidiary Setup
- Branch & Liaison Office
- FDI & FEMA Compliance
- Trademark Protection in India
- Commercial Contracts
- Employment Law for Foreign Employers
- GST for Foreign Businesses
- Investing in Indian Startups
- Legal Advisory for NRI Investors
Disputes & Enforcement
- International Arbitration
- Enforcing Foreign Judgments
- Money Recovery from India
- Shareholder Disputes & NCLT
- Accident Compensation Claims
- Cyber & Investment Fraud
- Criminal Defence & Look Out Circulars
Cross-Border Tax & Money
Indian missions in Indonesia
The Embassy in Jakarta and the Consulates General in Medan and Bali provide passport, OCI and attestation services for Indian nationals across Indonesia.
- Embassy of India, Jakarta
- Consulate General of India, Medan
- Consulate General of India, Bali
Frequently asked questions
Is the apostille in force between India and Indonesia?
Yes. Indonesia joined the Apostille Convention with effect from 4 June 2022, and India has been a party since 2005, so apostilled Indonesian documents are accepted in India.
Who issues apostilles in Indonesia?
Indonesia's law ministry, through the AHU online apostille system. Private documents are first signed before an Indonesian notary.
Can an Indonesian court judgment be enforced in India?
Not directly, because Indonesia is not a reciprocating territory. A fresh suit must be filed in India on the judgment or the underlying claim.
Our Indian buyer has not paid for a coal shipment. What can we do?
Check the contract for an arbitration clause, send a legal notice and, depending on the amount and the buyer, start arbitration, a commercial suit or insolvency proceedings.
Do Indonesian company deeds need translation?
Yes. Indian authorities need certified English translations of deeds and approvals in Bahasa Indonesia.
Does an Indonesian company need approval to open an office in India?
A liaison or branch office is approved through an authorised dealer bank under RBI rules, subject to profit and net worth tests.
Can I sign a power of attorney at the Indian Embassy in Jakarta?
Indian citizens usually can, before the consular officer. Alternatively, sign before a notaris and get an apostille.
Can Indonesian investors own an Indian company fully?
In most sectors yes, under the automatic route, with reporting to the RBI.