The use of e-signatures is widespread in Indonesia and the introduction of the Indonesian E-signature Regulations (defined below) indicates that the government is supporting and promoting their use.
Electronic and certificate-based digital signatures in Indonesia are governed by the follow E-Signature Laws (collectively, the “E-signature Regulations”):
Indonesia’s E-signature Regulations acknowledge two types of e-signatures that are legal, admissible and enforceable in Indonesia:
Under the E-signature Regulations, both electronic and digital signatures have the same level of enforceability and admissibility as a “wet” signature if they meet the following requirements for validity:
The E-signature Regulations do not precisely stipulate what constitutes "certain methods" in requirements 5 and 6, but in practice the term is interpreted to refer to encryption technology. Additionally, the E-signature Regulations do not specify any particular documents that can only be signed using a digital signature; both electronic and digital signatures are legal, admissible and enforceable in Indonesia. However, the evidentiary value of electronic and digital signatures is different in court. The value of an electronic signature is relatively weak in comparison to a digital signature because it can be argued that it is more easily altered or forged. A digital signature issued by a registered digital certificate provider is stronger evidence that the document was executed by the relevant signer.
As discussed above, a digital signature is evidenced by a digital certificate which must be issued by a digital certificate provider registered with the Minister of Communications and Informatics (MoCI). The list of electronic service providers acknowledged in Indonesia can be found at https://psre.rootca.or.id and currently includes the following seven providers:
The list of electronic service providers acknowledged in Indonesia can be found here: https://tte.kominfo.go.id/listPSrE/_
There are three types of electronic certification providers in Indonesia: (i) registered; (ii) certified and (iii) main. The type of providers is tiered with ‘main’ being regarded as the highest standard and ‘registered’ as the lowest. Accordingly, the three types of electronic certification providers are subject to different requirements to register with MoCI. The E-signature Regulations provide that an electronic service provider that provides ‘public services’ must use digital certificates that are issued by either (ii) a certified electronic certification provider; or (iii) a main electronic certification provider.
Transacting with Public Sector Entities
There are no special requirements or restrictions for using e-signatures with government entities in Indonesia and the use of e-signatures (and their acceptance as valid signatures) depends mainly on the policies and practices of individual ministerial departments and government institutions. One notable use case is that of the business licensing regime in Indonesia which has shifted to the Online Single Submission (OSS) system, which issues licenses in electronic form and uses e-signatures.
Use cases that generally require a traditional signature
In Indonesia, there are several use cases that generally require a traditional “wet” signature. There are also instances that require additional consideration when determining if an e-signature is legally compliant, such as when transacting with public sector entities. As the applicability of e-signatures is related to electronic information and/or electronic documents, there are also certain situations in which electronic information and/or electronic documents cannot be signed electronically. These situations include:
1. Documents that must be executed in written (hard copy) form according to laws and regulations.
Examples of these include, inter alia, commercial papers (e.g. cheque, bank draft, bearer bonds, etc.), and letters which are used in criminal proceedings.
2. Documents that must be made in notarial deed form or to be prepared by a land deed official (PPAT).
Examples of documents that must be made in notarial deed are as follows:
The following legal actions in relation to land must be prepared by a land deed official:
Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures. However, Adobe cannot provide legal advice. You should consult an attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Adobe provides this material on an "as-is" basis. Adobe disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.