Overview of eSignature Legality in Indonesia
Indonesia has legally recognized eSignatures since 2008 with The E-Signature Regulations. These include the Law 11 of 2008 on Electronic Information and Transactions, Government Regulation 71 of 2019 on the Application of Electronic Systems and Transactions (GR 71/2019), and the Minister of Communications and Informatics (MoCI) Regulation No. 11 of 2018 on Administration of Electronic Certification (“MoCI Regulation 11 of 2018”).
Electronic Signature Law
The group of E-Signature Regulations state guidelines that must be met in order for eSignatures to be valid.
Are eSignatures legal, admissible, and enforceable?
Summary of Law
Indonesia has a tiered eSignature legal model and recognizes digital signatures as a distinct type of eSignature. Since Indonesia recognizes both electronic and digital signatures, specific standards are put in place for what type of signature is required. The following guidelines must be met for an eSignature to be valid:
- The signature is identifiable and linked to the signatory
- Information used for the signed document can only be controlled by signatory
- Any alterations to the signed document can be detected
- Data that proves signatory’s consent to electronically sign
In some stances when the digital signatures are required, they need to meet the following additional criteria to be equivalent to handwritten signatures:
- Signed document is issued with a digital certificate that is authorized by the Minister of Communications and Informatics
The tiered eSignature legal model in Indonesia allows companies to select the type of eSignatures to use while conducting their business.
eSignatures are not recommended for:
- Corporate documents requiring notarization
- HR documents
- Real estate property transfer documents
- Intellectual property transfer contracts