The Legality of eSignatures in Indonesia

Documents that can be signed electronically

Indonesia does not have any restrictions on the type of documents that can and cannot be signed electronically. Additionally, the law does not require that any type of document should have a “certified” electronic signature. However, the adoption of electronic signatures in government entities and courts is low with ongoing efforts being made to increase understanding and recognition in these areas. 

Electronic signature guidance

The following requirements will determine whether an electronic signature is legally valid and binding in Indonesia:

• The signer has control of the signature creation data at the time of signing
• The signature creation data is uniquely linked to the signer
• Any alterations made to the signature after signing are detectable
• Specific methods are used to identify the signer
• Any alterations made to the electronic information associated with the signature after signing are detectable
• Specific methods are used to prove that the signer has provided consent to the associated electronic information through affirmative and explicit action

Types of e-signature permitted in Indonesia

There are two definitions for electronic signatures in Indonesia, an electronic signature and a certified electronic signature. Non-certified e-signatures are created without using a registered Indonesian electronic certification service operator. The main difference between the two types of signatures is that the certified signature offers stronger legal weight and value, which is beneficial during court proceedings for example, when parties need to prove the authenticity of the signature. 

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

• Electronic Information and Transaction Law (2008)

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction. 

Last Updated 9th October 2024