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: 

• Consent 
• Competency 
• 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: 

1. The signature is identifiable and linked only to the signatory, 
2. Information used for the signed document is controlled solely by the signatory, 
3. Any alterations to the signature or the signed document that occurs after the time of signing is detectable, and 
4. Methods are adopted to demonstrate the signatory’s consent to signing electronically 

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 

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 

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.