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eSignature Legality Guide

eSignature Legality in Indonesia

Electronic signatures are legally recognized in Indonesia and are provided for in the Law of the Republic of Indonesia No. 11 of 2008 on Electronic Information and Transactions as amended by Law of the Republic of Indonesia No. 19 of 2016 (“Law No. 11”), the Government Regulation of the Republic of Indonesia No. 71 of 2019 on the Operation of Electronic Systems and Transactions, and the Government Regulation of the Republic of Indonesia No. 80 of 2019 on Trade Through Electronic Systems.

E-Signature Legality Summary

Three primary laws regulate the use of electronic signatures:

  • Law No. 11, which recognizes electronic signatures;

  • Government Regulation of the Republic of Indonesia No. 71 of 2019 on the Operation of Electronic Systems and Transactions, which implements Law No. 11; and

  • Government Regulation of the Republic of Indonesia No. 80 of 2019 on Trade Through Electronic Systems, which implements Law No. 11.

Types of Electronic Signature

Indonesia defines two types of electronic signatures, an electronic signature and a “certified” electronic signature (often referred to in other regions of the world as a “digital signature”).

Electronic signatures are not “certified” electronic signatures if they are made without using the service of a registered Indonesian electronic certification service operator as described below.

“Certified” electronic (digital) signatures shall meet the following heightened requirements:

  • Fulfills the requirements for enforceability of electronic signatures (as stated below);

  • Uses an electronic (digital) certificate created by a registered Indonesian electronic certification operator, which is a legal entity that can audit electronic certificates; and

  • Made by using a certified electronic signature generation device, which is software or hardware that is configured and used to create a certified electronic (digital) signature.

The main difference between an electronic signature and a certified electronic (digital) signature is not the enforceability of the electronic signature, but rather that the certified electronic (digital) signature has stronger inferred evidentiary value (e.g., during a court proceeding where the parties need to prove that the electronic signature is authentic).

Documents That May be Signed Electronically

Indonesia does not impose any specific restrictions on most types of documents that can be signed using an electronic signature. Further, Indonesian law does not require that any specific documents or transactions use a “certified electronic (digital) signature.” However, ongoing efforts continue in furthering the consistent understanding, adoption and recognition of electronic signatures in Indonesia by government entities and the Indonesian courts.

Further Guidance

An electronic signature will have legal force and effect if the following requirements are met:

  • The electronic signature data creation is only associated with the signer;

  • The electronic signature data creation shall be in the control of the signing party only at the time of signing;

  • Any alteration to electronic signatures that occurs after the time of the signing is tamper-evident;

  • Any alteration to electronic information associated with the electronic signature after the time of the signing is tamper-evident;

  • Certain methods are used to identify the signer; and

  • Certain methods are used to demonstrate that the signer has given consent to the associated electronic information through affirmative actions and an explicit action.

DISCLAIMER: The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so DocuSign cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a licensed attorney in your area.

Last updated: September 7, 2021

Resources

  • Electronic Information and Transaction Law (2008)

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