Legality and enforceability of electronic signatures in Indonesia*
Are Electronic Signatures Legal In Indonesia?
Yes, electronic signatures are legal in Indonesia. Their use is regulated by the Law of Electronic Information and Transactions. This law is supplemented by a number of regulations, including the Regulations №71 of 2019 and Regulations №80 of 2019.
Types of Electronic Signatures In Indonesia
Indonesian laws define two types of electronic signatures: an electronic signature and a certified electronic signature.
An electronic signature is a set of electronic data, including without limitation writings, sounds, images, photographs, electronic data interchange, signs, figures, access codes, symbols, etc., that is attached to, associated, or linked with other electronic data that is used for means of verification and authentication.
To be valid, an electronic signature needs to comply with the following requirements:
- The signature creation data must be associated with the signatory.
- The signatory must be identified before the start of the signing process.
- The signatory must be the only one who has access to and control over the signature creation data.
- The signature must detect any alterations made to the document or signature after it was signed.
- The signature must demonstrate that the signatory accepted the content of the document and consented to the signing process.
Default SignNow electronic signatures qualify as electronic signatures in Indonesia.
A certified electronic signature is an electronic signature that is (1) based on the digital signature certificate issued by a registered Indonesian electronic certification operator and (2) created using certified electronic signature generation software.
To provide certified electronic signature services, a company needs to be registered in Indonesia and certified by the Ministry of Communication and Information.
However, the certification requirement is the only effective difference between these two types of signatures. From the signature’s security, integrity, and authenticity points of view, there are no differences between an electronic signature and a certified electronic signature.
The signatures provided through the SignNow eID Easy integration satisfy the requirements for certified electronic signatures in Indonesia.
Does the Use of Electronic Signature Require Consent?
Yes. The law requires the parties to an electronic transaction to agree on the electronic systems, including the electronic signatures, they will use during that transaction.
Can Electronic SIgnatures Be Used As Evidence In Courts?
Yes. According to the law, electronic records and information in electronic form, including their printouts, are the lawful means of proof. Also, when the law requires information to be in writing or original form, electronic records and information in electronic form satisfy that requirement if they are accessible, displayable, integral, and explanatory.
That said, electronic signatures and certified electronic signatures have different evidentiary weights in Indonesia. A certified electronic signature is considered to be a stronger proof that the document was signed by the appropriate individual and was not altered or forged.
When a Person Is Prohibited to Use Electronic Signatures in Indonesia?
Indonesian electronic signature laws are very limited on this matter. They provide only a few situations when a person is not allowed to use electronic signatures, including:
- To sign documents that are subject to a notarial or land deed, for example, land sales and purchase agreement.
- To sign documents that must be executed in written form according to the law, for example, certain commercial papers such as cheques.
However, certain exceptions could be introduced under various Indonesian laws. Therefore, always assess and pay attention to whether you are allowed to use electronic signatures when conducting a transaction, particularly if you are dealing with public sector entities.
* Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Last updated: September 2024