Indonesian law generally recognizes e-signatures for the following: (i) as a basis to prove an agreement or acceptance; and (ii) for evidentiary purposes. The validity requirement of electronic signatures under Indonesian law indicates that the manual insertion of a scanned signature is not acceptable. Indonesian law only acknowledges electronic signatures generated by e-signature providers and recognizes two types of electronic signatures: certified and uncertified electronic signatures. Certified electronic signatures are signatures generated by locally registered electronic signature providers. Uncertified electronic signatures are signatures generated by unregistered electronic signature providers (e.g., foreign electronic signature providers). Both types of electronic signatures are acknowledged and admissible as evidence in court, but an uncertified electronic signature has less evidentiary value before the courts. Some certified electronic signature providers in Indonesia are PrivyId, Vida, Digisign, Peruri Sign, TekenAja, Tilaka and Xignature.

However, there are some documents, such as security documents, that must be executed in a notarial deed form and the parties must appear and sign the documents before a notary.

While there is no specific restriction on the types of documents that can be signed using an electronic signature, in practice, most parties and government agencies in Indonesia still refer to and require manually (wet) signed hard copy documents. Currently, for contracts or documents that may be disputed, the best practice is to obtain a wet signature.

There is no requirement to have witnesses when signing a document, unless the document is executed in a notarial deed form. The execution of a notarial deed requires at least two witnesses. The witnesses must sign the deed in front of the notary. If the witnesses do not appear before the notary, the document will be deemed to be a privately drawn document and cannot be considered complete evidence (it is considered prima facie evidence to the parties named as signatories thereto only if such parties acknowledge that they signed the document).

Currently, it is not possible to perfect security electronically without wet ink signatures. There are requirements that security documents such as land mortgages, fiducia security and security over warehouse receipts be executed in a notarial deed form. The parties must appear and sign the security document before a notary. Although there is no requirement for a pledge agreement and other Finance Documents to be executed in a notarial deed form, it is common practice to execute them in a notarial deed form. Under Indonesian law, a notarial deed is considered binding and complete evidence (prima facie). It does not need any additional evidence to prove its existence and correctness, unless proven otherwise. If any information contained in a notarial deed is challenged, then the burden to prove the challenge lies solely with the challenger.

Indonesian law does not require an agreement to be made in notarial deed form. However, for authentication purposes before the court, a notarial deed is considered an authentic deed, as well as binding and complete (prima facie) evidence.

No, there are no such restrictions. However, as mentioned above, most parties and government agencies in Indonesia still require manually (wet) signed hard copy documents. For contracts or documents that may be disputed, the best practice is to obtain a wet signature.