An e-Signature or electronic signature is a concept that refers to various methods of signing documents digitally or electronically, as opposed to a wet signature (ink on paper). Essentially, it is a digital representation of a person’s consent to the content of a document or a set of data.

An e-Signature (electronic signature) is legally valid in Indonesia, provided that it meets the requirements stipulated in the legislation. The legal basis for e-Signatures in Indonesia includes:

• Law No. 11 of 2008 on Electronic Information and Transactions (EIT Law)
• Law No. 19 of 2016 amending the EIT Law
• Government Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions (PP PSTE)
• Ministry of Communication and Informatics Regulation No. 11 of 2022 on the Implementation of Electronic Certification

e-Signature (tanda tangan elektronik) sah secara hukum di Indonesia, asalkan memenuhi ketentuan yang diatur dalam perundang-undangan. Berikut dasar hukum e-Signature di Indonesia:

According to eIDAS, which regulates electronic identification services and digital transactions, there are three types of e-Signatures:

• Simple Electronic Signatures (SES): the most basic form of electronic signature.
• Advanced Electronic Signatures (AES): more secure and reliable compared to SES.
• Qualified Electronic Signatures (QES): the highest level within the eIDAS framework, considered legally equivalent to a wet signature.

In Indonesia, electronic signatures certified by a PSrE (Electronic Certification Provider) are already equivalent to Qualified Electronic Signatures (QES) because they undergo an official certification process and carry full legal validity.

Using an e-Signature provides various benefits, such as:

• Time and Cost Efficiency: Speeds up the document signing process, eliminating the need to print, physically deliver, scan, and store paper documents.
• Enhanced Security (especially with Digital Signatures): With encryption and audit trails, e-Signatures can be more secure than wet signatures, which are vulnerable to forgery.
• Increased Productivity: Simplifies workflows and collaboration, especially for geographically distributed teams.
• Environmentally Friendly: Reduces paper usage.
• Accessibility and Convenience: Documents can be signed anytime and anywhere using various devices.
• Better Customer Experience: Makes transactions easier and faster for customers.
• Legal Compliance and Audit Trail: Many e-Signature platforms provide detailed audit trails that record the entire signing process.

1. Definition

An electronic signature (e-Signature) is any signature made electronically, such as a signature image or typing a name.
A digital signature is a type of electronic signature that uses cryptographic technology (public key or asymmetric cryptography) to provide the highest level of security.

2. Verificatuib dan Validity

In e-Signatures, the verification process can be simpler or even absent, depending on the type. Proving the validity and identity of an e-Signature may require additional supporting evidence.
Digital signatures, on the other hand, can be electronically verified using software that validates the associated digital certificate. The validation process for digital signatures checks whether the digital certificate is still valid, issued by a trusted CA/PSrE, and whether the document has not been altered since it was signed.

3. Legal Force

e-Signatures are legally recognized as proof of consent, but the level of validity and legal strength may vary depending on regulations and implementation. Digital signatures, however, have stronger legal standing because their validation process involves a trusted certificate authority and complies with strict regulatory standards.

Here are some common types of documents that can be signed using e-Signatures:

1. Contracts and Agreements

• Sale and Purchase Agreement (SPA)
• Lease Agreement (assets, property)
• Cooperation Agreement (MoU, Partnership Agreement)
• Service Agreement (Service Level Agreement – SLA)
• Vendor or supplier contracts
• Non-Disclosure Agreement (NDA)
• Work Order (WO)
• Letter of Intent (LOI)

2. Financial Documents

• Invoice
• Purchase Order (PO)
• Financial reports (if permitted by internal or external regulations)
• Loan or credit applications (depending on the financial institution’s policy)
• Account opening forms (depending on the financial institution’s policy)

3. Human Resources (HR) Documents

• Employee Employment Contracts (Fixed-Term Employment Agreement – PKWT, Indefinite Employment Agreement – PKWTT)
• Job Offer Letter
• New employee orientation forms (Onboarding documents)
• Company policy acknowledgments
• Leave request forms
• Performance evaluations
• Warning letters
• Employment Certificate or Reference Letter

4. Operational and Internal Documents

• Internal memos
• Meeting minutes (Minutes of Meeting – MoM)
• Internal approval forms
• Project reports
• Compliance documents

5. Registration Forms and Applications

• Service registration forms (e.g., internet, cable TV)
• Membership application forms
• Applications for programs or courses

6. Consents and Authorizations

• Parental consent forms for children’s activities
• Personal data usage consent forms

An e-Signature (electronic signature) can be used for multiple signers on a single document or a series of documents. In fact, this is one of the main advantages of using electronic signatures compared to the traditional wet-signature process, especially for documents that require approval from several parties.