The short answer

Indonesian law recognises electronic signatures. The Electronic Information and Transactions Law (UU ITE) says an electronic signature has legal force and legal effect as long as it meets six conditions. There are two kinds: certified, using an electronic certificate from an Indonesian electronic certification provider (PSrE), and non-certified. Both can be valid. What differs is how easily you can prove one if it is denied.

Notarial deeds are another matter. The Notary Law still requires a deed to be read out and signed in the presence of the notary, the parties and witnesses.

This is general information, not legal advice. For high-value transactions or anything likely to be disputed, speak to your advocate or notary.

The legal basis

The main rules are in three statutes and one government regulation:

The starting point is Article 5(1) and (2) of UU ITE: electronic information, electronic documents and their printouts are valid legal evidence and an extension of the evidence recognised under Indonesian procedural law. Electronically signed documents fall within that.

The six conditions for a valid electronic signature

Under Article 11(1) of UU ITE, repeated in Article 59(3) of PP 71/2019, an electronic signature is valid as long as:

  1. The signature-creation data relates only to the signatory.
  2. At the time of signing, the signature-creation data is under the signatory's sole control.
  3. Any change to the signature after the time of signing can be detected.
  4. Any change to the signed electronic information after the time of signing can be detected.
  5. There is a way of identifying who the signatory is.
  6. There is a way of showing that the signatory consented to the electronic information signed.

A picture of a signature pasted onto a PDF does not meet these conditions by itself. What counts is the process and the record: how the signatory's identity was checked, how their consent was captured, and whether any change after signing can be detected.

Certified and non-certified

Article 60 of PP 71/2019 divides electronic signatures in two:

  • Certified. Meets the conditions above, uses an electronic certificate issued by an Indonesian PSrE, and is made with a certified signature-creation device.
  • Non-certified. Made without an Indonesian PSrE.

An Indonesian PSrE must be recognised by the Minister (Article 53(3) of PP 71/2019), and the Minister compiles and publishes the list of recognised providers (Article 54(2)). You can check it on Komdigi's electronic signature site.

Law 1 of 2024 added two points. A PSrE operating in Indonesia must be an Indonesian legal entity domiciled in Indonesia, with an exception for services not yet available in the country (Article 13(3) and (4)). And a PSrE may also offer services such as electronic seals, electronic timestamps and digital identity (Article 13A).

Evidential value: where the difference shows

The elucidation to Article 60(2) of PP 71/2019 states that using a certified or a non-certified signature affects its strength as evidence. In practice:

  • A certified signature is easier to defend. The signatory's identity has been verified by the PSrE, and the certificate can be checked by a third party.
  • A non-certified signature can still be put forward as evidence. If it is denied, whoever relies on it will most likely need to show how the six conditions were met. That is where an audit record earns its keep: who was sent which document, when it was opened, how their identity was checked, when they consented, and whether the document changed afterwards.

How that evidence is weighed is ultimately for the judge, case by case.

What cannot simply be signed electronically

The original UU ITE expressly excluded two things from Article 5: documents that the law requires to be in writing, and documents that the law requires to be made as a notarial deed or a deed by a land deed official (Article 5(4) of Law 11 of 2008).

Law 1 of 2024 rewrote that paragraph in general terms: the provisions on electronic information and documents as evidence do not apply where another statute provides otherwise. The list is gone, but the outcome now depends on the other statutes. For notarial deeds, that statute is the Notary Law.

Notarial deeds under the Notary Law

Law 30 of 2004 on the Office of Notary, as amended by Law 2 of 2014, provides that:

  • The notary must read the deed out before the parties in the presence of at least two witnesses, and the deed is signed there and then by the parties, the witnesses and the notary (Article 16(1)(m)). The elucidation states that the notary must be physically present.
  • The reading may be skipped if the parties have read and understood the deed themselves, provided this is stated in the closing of the deed and every page of the original is initialled (Article 16(7)). Signing in the notary's presence still applies.
  • If these reading and signing requirements are not met, the deed has only the evidential force of a private deed (Article 16(9)).

What about the "cyber notary"?

The elucidation to Article 15(3) of Law 2 of 2014 gives "the authority to certify transactions conducted electronically (cyber notary)" as an example of other powers a notary may have under legislation. The phrase is often cited as the basis for electronic deeds. But it sits only in the elucidation, and it does not change the duty to read and sign a deed before the notary. Whether, and how, an authentic deed can be made entirely electronically is still debated among practitioners and academics. According to the JDIH BPK database, Law 30 of 2004 has so far been amended only by Law 2 of 2014.

The practical conclusion: for a notarial deed, do not rely on any electronic signature, certified or not, until the law changes. For land deeds and other documents that a statute requires to be an authentic deed, ask your notary or land deed official (PPAT).

Choosing a signature for each document

Document A sensible choice
NDAs, fee proposals, engagement letters, handover records An electronic signature with a proper audit record
High-value agreements, loan agreements, anything likely to be disputed A certified electronic signature from a registered PSrE
Documents for a government office or a bank Whatever format that office or bank asks for
Notarial deeds Read and signed before the notary, as the Notary Law requires

The table is about risk, not rules. The more likely a document is to be denied, the more a signature whose identity check was done by a third party is worth.

Habits that strengthen the evidence

Whatever kind of signature you use, these habits put you in a stronger position if there is a dispute:

  • Check identity before sending. Use a confirmed email address and add a one-time code.
  • Ask for explicit consent, such as a separate tick box explaining what signing electronically means, not just a "Sign" button.
  • Freeze the documents. Record a checksum of each document when it is sent, so the signed version can be compared with whatever is shown later.
  • Set a signing order, so the guarantor does not sign before the borrower.
  • Keep the audit record with the documents, not in one person's inbox.
  • Send the final copy to every party on the day it is completed.

Signatures in folders.id, as they are

folders.id produces an auditable electronic signature, not a certified electronic signature from a registered PSrE. That sentence appears on the certificate, on the signer's page and on the list of signature requests.

What it does:

  • One signature request can hold several documents, with a signing order. Two people with the same number may sign in either order.
  • Each recipient gets their own link, with no account needed, and optionally a one-time code sent to their email.
  • Consent is a separate tick before signing, and declining is offered just as plainly.
  • Each document's checksum is frozen when the request is sent, and the original documents are never modified.
  • The result is a hash-chained audit certificate: each event carries the hash of the one before, so editing, deleting or reordering events can be detected. The certificate is filed as a document in the same folder.
  • When a request is sent by email, every party receives the final hash of the chain once everyone has signed, so a certificate produced later can be checked against it.

Its limits should be stated plainly. The record is folders.id's attestation that it has not been altered since it was made. It does not verify identity the way a PSrE does. For documents that need a certified signature, use a registered PSrE. For deeds, go to the notary.

The right signature depends on the document. Choose by risk, and keep the evidence somewhere you can find it again in two years.