eSignature Legality Guide

Indonesia distinguishes between two categories of electronic signatures: standard electronic signatures and “certified” electronic signatures (commonly known as “digital signatures” in other jurisdictions).

A standard electronic signature is not considered “certified” if it is created without the involvement of a registered Indonesian electronic certification service provider, as outlined below.

To qualify as a “certified” electronic (digital) signature, the following additional criteria must be met:

• Meets the enforceability requirements for electronic signatures (as detailed below);
• Utilizes an electronic (digital) certificate issued by a registered Indonesian electronic certification provider, which is an authorized entity to validate electronic certificates; and
• Is generated using a certified electronic signature creation device, which may be software or hardware specifically designed for this purpose.

The key distinction between a standard electronic signature and a certified electronic (digital) signature lies in the evidentiary strength: certified electronic (digital) signatures are generally afforded greater evidentiary weight, particularly in legal proceedings where authenticity must be demonstrated.

There are generally no special limitations on the types of documents that may be executed with an electronic signature in Indonesia. Additionally, Indonesian law does not mandate the use of “certified electronic (digital) signatures” for any particular document or transaction. Nonetheless, efforts are ongoing to promote consistent understanding, acceptance, and recognition of electronic signatures among government agencies and the judiciary in Indonesia.

An electronic signature is considered legally binding if the following conditions are satisfied:

• The data used to create the electronic signature is uniquely linked to the signer;
• The data for creating the electronic signature is under the exclusive control of the signer at the time of signing;
• Any changes to the electronic signature after signing are detectable (tamper-evident);
• Any modifications to the electronic information associated with the signature after signing are also tamper-evident;
• There are reliable methods to identify the signer; and
• There are reliable methods to confirm that the signer has given consent to the associated electronic information through affirmative and explicit actions.