Certified and uncertified electronic signatures: what is the difference?
More and more office documents are signed electronically. People are often confused, though, because there are two types of electronic signature, and they do not carry the same weight as evidence.
The legal basis
Article 11 of the Electronic Information and Transactions Law (Undang-Undang Informasi dan Transaksi Elektronik, UU ITE) states that an electronic signature has valid legal force and legal effect, provided it meets certain requirements. The details are set out in Government Regulation (Peraturan Pemerintah, PP) No. 71 of 2019 on the Operation of Electronic Systems and Transactions. Article 60 of that regulation divides electronic signatures into two types: certified and uncertified.
Certified electronic signatures
This type uses an electronic certificate, which is the signer's digital identity, issued by an Indonesian Electronic Certification Provider (Penyelenggara Sertifikasi Elektronik, PSrE). The signature is made with a certified electronic signature creation device. The PSrE has already verified the signer's identity, so the signature is easier to prove if it is ever challenged. For government agencies, electronic certificates are usually issued by the Electronic Certification Centre (Balai Besar Sertifikasi Elektronik, BSrE) under the National Cyber and Crypto Agency (Badan Siber dan Sandi Negara, BSSN).
Uncertified electronic signatures
This type is made without the services of a PSrE. Examples are a signature drawn on a screen or added through an ordinary signing app. Such a signature is still valid as long as the legal requirements are met. If it is disputed, however, proving it may need further examination, for example a digital forensic examination (tracing the trail left by the electronic data).
Which one to use when
| Purpose | Usually sufficient |
|---|---|
| Internal approvals, work forms, documents between departments | Uncertified, as long as the parties agree and the document trail is kept |
| Official documents sent out by the agency | Certified |
| Documents that the agency's rules say must carry a certified electronic signature | Certified |
Rules differ from one agency to another. Check your agency's rules on official correspondence (tata naskah dinas) and its e-government policy (Sistem Pemerintahan Berbasis Elektronik, SPBE).
The signature type in our service
The HanzCodes digital signature service is installed on the client's own server (the computer that holds the office's applications and data), so documents do not leave the office. The signatures it produces are uncertified electronic signatures. For documents that must carry a certified electronic signature, an agency still needs a PSrE such as BSrE.
This article is a summary, not legal advice. For official decisions, refer to the texts of UU ITE, PP 71 of 2019, and your agency's own rules.
Sources
- Government Regulation (PP) No. 71 of 2019, Ministry of Finance legal database (JDIH) (external site)
- Hukumonline: A closer look at electronic signatures (in Indonesian) (external site)
- Hukumonline: How to create a certified electronic signature (in Indonesian) (external site)
- Electronic Certification Centre (Balai Besar Sertifikasi Elektronik, BSrE), BSSN (external site)
Need help?
Tell us what your agency or business needs. The first discussion is free of charge.