“An Electronic Signature must meet some requirements to have the same legal force as a Manual Signature.”
Nowadays, almost everything can be done online through the internet, including transactions and correspondence. Therefore, an Electronic Signature (“E-Signature”) is needed to support and accommodate the online transactions and correspondence which need an online approval from the person to the documents and/or its authenticity.
E-Signature is stipulated in Law No. 11 of 2008 concerning Electronic Information and Transaction (“Law No. 11/2008”) and Government Regulation No. 71 of 2019 concerning Organization of Electronic Systems and Transactions (“GR 71/2019”).
1. Definition of E-Signature
Based on Article 1 number 12 Law No. 11 of 2008, an Electronic Signature is a signature that contains Electronic Information that is attached to, associated or linked with other Electronic Information that is used for means of verification and authentication.
2. Certification of E-Signature
There are 2 (two) kinds of E-Signature, which are certified E-Signature and non-certified E-Signature.
Based on Article 60 Paragraph (3) GR 71/2019, certification of E-Signature must meet the following requirements:
a. Comply with the validity of the legal force and legal effect of electronic signatures;
b. Using an electronic certificate made by an Indonesian electronic certification provider service;
c. Created using a certified electronic signature device.
Explanation of Article 60 Paragraph (2) GR 71/2019 stipulated that the legal effect of using certified or uncertified E-Signature affect the strength of evidentiary value. The certified E-Signature have stronger legal force and evidentiary value.
3. Legal Force of E-Signature
As mentioned above, one of the requirements of the certification of E-Signature must comply with the validity of the legal force and legal effect of E-Signature. The explanation of the requirements for the E-Signature has the legal force and legal effect are stipulated in Article 11 Paragraph (1) Law No. 11/2019 and Article 59 paragraph (3) GR 71/2019.
Article 11 Paragraph (1) Law No. 11/2019 and Article 59 paragraph (3) GR 71/2019 mentioned that E-Signature shall have lawful legal force and legal effect if the E-Signature meet the following requirements as below:
a. E-Signature creation data shall be associate only with the Signatories/Signers;
b. E-Signature creation data at the time the electronic signing process shall be only in the power of the Signatories/Signers;
c. Any changes in E-Signature that occur after signing time is knowable;
d. Any changes in Electronic Information associated with the E-Signature after the signing time is knowable;
e. There are certain methods adopted to identify the identity of the Signatories/Signers;
f. There are certain methods to demonstrate that the Signatories/Signers have given consent to the associated Electronic Information.
Explanation of Article 11 paragraph (1) Law No. 11/2009 also stipulated that E-Signature have the same position as a manual signature in general which have legal force and legal consequences.
4. By When E-Signature Can Be Used
E-Signature is the authentication and verification of the Signer’s identity and the integrality and authenticity of the electronic information. It can be used when electronic documents need to be signed for a transactional thing or to approve documents. E-Signature can be used even if the E-Signature has not been certified yet. However, as mentioned before, the legal force of the non-certified E-Signature is not as strong as the certified E-Signature in the context of evidence value.
Author: Vania Aqilla Cahyaningrum
Gaffar & Co., an Indonesian Boutique Law Firm specializing and focusing on commercial law areas e.g. financial technology.
For further queries and information, contact us:
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