E-Signature Regulations in Indonesia
This Q&A was initially publilshed on E-SIGNATURE GUIDE, provided by Ally Law, a Chambers-rated global law firm network that provides sophisticated legal services in 100 business centers worldwide.
1. Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?
Yes. The Indonesian government maintains a list of certified e-signature providers, or also known as Electronic Certification Authority (“CA”) which currently includes seven registered providers (full list accessible in: https://tte.kominfo.go.id/listPSrE/_)
Any documents that are e-signed using the listed CA shall have the same level of enforceability and admissibility as a wet-ink signature before the Indonesian court.”
2. Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.
Indonesian law acknowledges 2 types of e-signatures i.e. Certified and Uncertified E-Signatures. The main difference between both types lies in the evidentiary value before the court. Generally Non-Certified e-signatures are relatively weak for evidentiary purposes. Non-Certified e-Signature must be able to be authenticated to be accepted by the courts as evidence.
Although the Indonesian Law generally accepts e-signature, it must satisfy certain conditions to be considered as valid and binding.
3. What is the legality of e-signatures in your jurisdiction? Are there key exceptions?
The use of e-signature is legal, admissible, & enforceable in Indonesia provided that it has met the conditions under the EIT Law. However, some documents must be signed with a wet-ink signature, including:
- Documents that must be produced as notarial deed (e.g. Article of Association, shareholder resolution, etc) or land conveyancer; and
- Documents that must be made in writing under the prevailing laws (e.g. negotiable instruments, letters used in the court procedural law enforcement process).
4. What is the e-signature law enforceable in your jurisdiction?
E-signature is currently regulated in Indonesia under the following regulations:
- Law 11 of 2008 on Electronic Information and Transactions, amended by Law 19 of 2016;
- Government Regulation 71 of 2019 on the Application of Electronic Systems and Transactions; and
- Minister of Communications and Informatics Regulation No. 11 of 2018 on Administration of Electronic Certification.
The article above was prepared by Marshall S. Situmorang (Partner), Audria Putri (Senior Associate), and Aniendita Rahmawati (Associate).
