E-Signature Regulations

Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?

Yes. The Indonesian government maintains a list of certified e-signatures providers, or also known as Electronic Certification Authority (“CA”), which can be accessed at https://tte.komdigi.go.id/listpsrenew and currently includes 10 (ten) registered providers.

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.

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. In particular, electronic transactions deemed as “high risk” are required to be executed using Certified E-Signatures. As an example, a financial transaction conducted online (non-physical financial transaction) is deemed as a “High-Risk” financial transaction. (Article 17 of EIT Law)

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).

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 and Law 1 of 2024 (“EIT Law”);
• Government Regulation 71 of 2019 on the Application of Electronic Systems and Transactions (“GR 71 of 2019″); and
• Minister of Communications and Informatics (“MoCI”) Regulation No. 11 of 2022 on Governance of Electronic Certification Administration.