1. What is an electronic signature? And under what conditions can one be expressed as a signatory? What is the legal basis that govern this matter in Indonesia? Electronic Signature is a signature consisting of Electronic Information embedded, associated or related with other Electronic Information used as a verification and authentication tool. Signatory is a legal subject associated or related with Electronic Signature. The legal basis is Article 1 point 12 and 13 of Law Number 11 of 2008 concerning Electronic Information and Transactions (STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 58 OF 2008).
2. Do electronic signatures have the same legal force and legal consequences as handwritten signatures? Elucidation of Article 11 Paragraph (1) of Law Number 11 of 2008 concerning Electronic Information and Transactions strictly acknowledges that although it is only a code, Electronic Signatures have the same position as the general handwritten signatures; the same legal force and consequences. This provision opens wide-ranging opportunities for anyone to develop methods, techniques or processes on making Electronic Signatures (SUPPLEMENT TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 4843).
3. Are the agreements made electronically can be made as evidence in court proceedings? What is the legal basis? Yes, Electronic Information and/or Electronic Documents and/or its printed form are lawful legal evidence. Electronic Information and/or Electronic Documents and/or its printed form mentioned above is an extension of lawful evidence in accordance with applicable Procedure Code in Indonesia.
The exceptions to the foregoing are for letters which by law shall be made as a deed in the presence of a public official or made in writing. Letters which by law should be written, include but are not limited to, securities, valuable letters, and letters used in civil law enforcement, criminal proceedings, and state administration processes. The legal basis is Article 5 of Law Number 11 of 2008 concerning Electronic Information and Transactions (STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 58 OF 2008).
4. Is an agreement or other documents signed without stamp duty having legal force? Yes, in the absence of stamp duty in an agreement (such as a sale and purchase agreement), it does not imply that its legal action (the sale and purchase agreement) is unlawful, it simply implies that its legal action does not meet the requirements as a means of evidentiary tools. As of the legal action itself is still lawful for the validity of a contract is not determined by the presence or absence of stamp duty, but is determined by Article 1320-1328 Civil Code.
If a letter from the original is not given a stamp and will be used as evidence in court then it is possible to be stamped later.
If you need stamp duty for the agreement created and signed using our application, simply come to the nearest post office to seal the stamp after the agreement is signed (also known as “nazegel”).
5. If my Access Code is known to other and the person signs an electronic agreement using my PrivyID, am I bound by the terms of the agreement? Basically any forms of your negligence to secure the Access Code and access to your mobile number is entirely your responsibility. Electronic Systems Service Provider (us) is not responsible for any errors and/or omissions of Electronic Systems users. The legal basis is Article 15 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions (STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 58 OF 2008).
6. Who is the Electronic Signatures Service Provider based on the laws and regulations? Electronic Signatures Service Provider is a legal entity that serves as a trusted party that facilitates the manufacture of Electronic Signatures. The legal basis is Article 1 point 6 of Government Regulation Number 82 of 2012 concerning Electronic System and Transaction Operation.