Legal Research about the Legality of Digital Signature in Indonesia

I. The Legality of Digital Signature

Digital signatures or in regulatory language referred to as electronic signatures are regulated through
Article 1 Number 12 Law Number 19 of 2016 concerning Amendment to Law Number 11 of 2008
concerning Information and Electronic Transactions (“UU 19/2016”) the term is defined as follows:
“Electronic Signature is a signature consisting of Electronic Information that is attached to,
associated with or related to other Electronic Information that is used as a means of verification and
authentication.”
This law provides express recognition that even though it is only a code, Electronic Signatures have
the same position as manual signatures in general, which have legal force and legal consequences.
Provisions regarding electronic signatures are further regulated through Government Regulation
Number 71 of 2019 concerning System Operators and Electronic Transactions.
In Article 59 Paragraph (3) of the Regulation, electronic signatures have legal force and legal
consequences as long as they meet the following requirements:
a. electronic signature creation data related only to the signatory;
b. data for making electronic signatures during the electronic signing process is only in the
power of the signatory;
c. all changes to the electronic signature that occur after the time of signing can be known;
d. any changes to the electronic information related to the electronic signature after the time of
signing can be known;
e. there is a certain method used to identify who the signatory is; And
f. there are certain ways to show that the signatory has given consent to the related electronic
information.
II. The Legality of Digital Signatures Processed Abroad
In principle, the validity of digital signatures is determined by two factors, namely authentication and
verification. Authentication refers to the identity of the Signer and verification refers to the integrity
and authentication of the electronic information. Thus, electronic signatures can be declared valid
based on Indonesian Law even though the processing is carried out overseas as long as the provisions
in Article 59 Paragraph (3) above are fulfilled. Therefore, in my opinion, legally, as long as the
signature is acknowledged by the signatory, the document is valid and has legal force.
Thus the explanation from me, hopefully useful.

Rivaldi Mandala Satria

Indonesia Legal Representative.