Indonesia has recognized electronic signatures (or “eSignatures”) since 2008, with the passage of The Electronic Information and Transaction Law and The E-Signature Regulations. The use of eSignatures is widespread in Indonesia.
Under Indonesian law, a written signature is not required for a valid agreement or contract. Contracts are generally considered valid if legally competent parties agree to its terms, whether they agree verbally, electronically, or using a physical paper document—provided that the contract meets certain basic requirements under Indonesian Civil Code. These include:
- Certainty, and
- Permissible cause
Indonesian Law No. 11 of 2008 on Electronic Information and Transactions specifically confirms that electronic signatures are valid and acceptable if the following conditions are met:
- The signature is identifiable and linked only to the signatory,
- Information used for the signed document is controlled solely by the signatory,
- Any alterations to the signature or the signed document that occurs after the time of signing is detectable, and
- Methods are adopted to demonstrate the signatory’s consent to signing electronically
Common eSignature use cases
Use cases where electronic signatures are considered appropriate in Indonesia include:
- Commercial agreements between corporate entities including sales agreements, procurement contracts, and NDAs
- Consumer agreements including new retail account opening documents
- Real estate documents including lease agreements
Use cases where eSignature is not appropriate
Certain documents require a handwritten signature in Indonesia. These include:
- HR documents
- Corporate documents such as articles of association, shareholders resolutions, and share/asset transaction documents
- Transfer of intellectual property
- Real property transfer contracts and deeds
Technology standards in Indonesia
The requirements for electronic signature technology vary significantly between countries. Indonesia follows a tiered eSignature model, which recognizes two types of electronic signatures: certified and uncertified. A certified electronic signature has more evidentiary value than an uncertified electronic signature. However, there is no mandatory requirement to use a certified electronic signature.
A certified electronic signature can only be made by using an electronic certification service provider and must be done with an Electronic Certificate. Any electronic certification service provider operating in Indonesia must be acknowledged by the Minister of Communications and Informatics.
The information on this site is for general education and informational purposes only. It is not intended to provide and should not be considered legal advice. Laws pertaining to electronic signatures may change quickly, so Conga cannot guarantee the accuracy of any information on this site. Consult with a licensed attorney for answers to any specific legal questions on this topic.
Last updated: 09/09/2021