Nowadays, development is very fast when compared to ten years ago. Currently, the development of science is growing rapidly, especially with the advent of the internet era. The need for a practical world supports the growing development of cyberspace. Today, everyone needs something that is fast-paced.
Apart from searching for information, internet users can also make online transactions. Due to its practicality, electronic transactions have almost become the primary option for business people in conducting transactions. Moreover, the world is currently facing a pandemic of COVID-19 which has been limiting human movement. Since electronic transactions could be done anywhere, people now tend to conduct electronic transactions rather than having a face-to-face transactions to minimize the transmission of COVID-19.
In this regard, a breakthrough known as digital or electronic signatures has recently emerged. Electronic signatures appear to provide answers and facilitate the process of business transactions in this digital era. So, how about the validity of the electronic signature itself? Below are the explanations.
Definition of Signature
The use of a signature is a formal habit that is used to state someone’s consent as well as to ensure the identity (authentication) of that person who is signed for something that has legal or non-legal implications.
As explained by Tan Thong Kie in his book titled “The Study of Notaries and the Miscellaneous of Notary Practices”, a signature is a statement of the willingness of the signature maker (signatory), that he by putting his signature under an article wants the writing to be in law is considered as its own writing. The definition of signature in a general sense is a signature which can be defined as an arrangement (letters) of the sign in the form of the signatory’s writing, whereby the person making the statement or statement can be individualized.
According to the Indonesian Dictionary, the meaning of a signature itself is a sign as a symbol of a name that is written by the person himself as a personal marker (having received). When viewed from this definition, the notion of a signature does not necessarily refer to a signature in “written” form, but rather to a sign, where the sign can refer to the signature.
In Indonesian law, signatures are regulated under the Civil Code, particularly in Book Four Chapter II on Evidence by Writing, namely in Articles 1867 – 1894 of the Civil Code.
Article 1875 of the Civil Code explains the validity of the signature as follows:
“A private document, which has been acknowledged by the individual to whom it may refer or which shall be considered legally acknowledged, shall provide, with respect to the signatories and their heirs and parties having rights therein, conclusive evidence similar to an authentic deed, and the stipulation in article 1871 shall also be applicable in this regard.”
Definition of Electronic Signature
According to Article 1 paragraph (12) of Law No. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (“Law 19/2016”) and Article 1 paragraph (22) of Government Regulation No. 71 of 2019 concerning the Implementation of Systems and Electronic Transactions (“PP PSTE”), electronic signatures are defined as follows:
“Electronic Signature is a signature consisting of Electronic Information that is embedded, associated or related to other Electronic Information that is used as a verification and authentication tool.”
In Article 60 paragraph (2), (3), and (4) PP PSTE it is explained that the electronic signature includes:
a. Certified electronic signature, which must meet the following requirements:
- meet the legality of the force of law and legal consequences of electronic signatures;
- using electronic certificates made by Indonesian electronic certification service providers; and
- made using a certified electronic signature generator.
b. Electronic signature is not certified, made without using the services of an Indonesian electronic certification operator.
Furthermore, the function of the electronic signature itself as described in Article 60 paragraph (1) PP PSTE is to:
a. signatory identity; and
b. the integrity and authenticity of electronic information.
So, electronic signatures are usually carried out on electronic transactions, namely legal actions that are carried out using computers, computer networks, and/or other electronic media as regulated in Article 1 number 2 of Law 19/2016.
Validity of Electronic Signature
Regarding the validity of electronic signatures, Article 11 paragraph (1) of Electronic Information and Transactions Law and Article 59 paragraph (3) PP PSTE states as follows:
Electronic signatures have legal force and legal consequences as long as they meet the following requirements:
“A. Electronic Signature creation data related only to Signers;
b. Electronic Signature creation data during the electronic signing process is only in the power of the Signer;
c. all changes to the Electronic Signature that occur after the signing time can be known;
d. all changes to Electronic Information related to the Electronic Signature after the signing time can be known;
e. there are certain methods used to identify who the Signers are; and f. there is a certain way to show that the Signer has given consent to the associated Electronic Information. “
Based on the explanation above, an electronic signature can be said to be valid if it meets the provisions of Article 11 paragraph (1) of the Electronic Information and Transactions Law and Article 59 paragraph (3) of PP PSTE, regardless of one’s position and profession.
Hope it is useful.
FREDRIK J PINAKUNARY LAW OFFICES
 Herlien Budiono, Collection of Civil Law Journals in the Field of Notary, PT.Citra Aditya Bakti, Bandung, 2007, Pg. 220