Public Trust and the Legal Validity of Electronic Signatures in Indonesia

The advancement of digital technology has accelerated the adoption of electronic signatures (ETS) in a wide range of civil transactions in Indonesia. However, their legal validity and evidentiary strength continue to present significant challenges. This study seeks to examine the legal foundations governing the validity of ETS within the framework of Indonesian civil law, evaluate their recognition as admissible evidence in judicial proceedings, and identify key implementation barriers related to technical infrastructure, procedural limitations, and public trust. Employing a normative legal approach combined with jurisprudential analysis of court decisions from 2018 to 2025, the study finds that while certified ETS are normatively recognized as legally valid, their practical application remains inconsistent—particularly in cases involving uncertified ETS. The primary impediments include limited technical capacity among law enforcement personnel, low levels of digital literacy, and uneven access to certification infrastructure. In conclusion, the effective implementation of ETS in Indonesia requires regulatory harmonization, capacity-building within judicial institutions, and efforts to strengthen public confidence in the legal validity and security of ETS within the national legal system.

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Publication Details

Journal
JIHK
Published
2025-06-27
DOI
https://doi.org/10.46924/jihk.v7i1.311
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
Field-Weighted Citation Impact
0.00
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article

Public Trust and the Legal Validity of Electronic Signatures in Indonesia

Andi Muliyono, Nurjana Lahangatubun
JIHK
Legal and Policy Analysis in Indonesia
article

Public Trust and the Legal Validity of Electronic Signatures in Indonesia

Andi Muliyono, Nurjana Lahangatubun
article en

Abstract

The advancement of digital technology has accelerated the adoption of electronic signatures (ETS) in a wide range of civil transactions in Indonesia. However, their legal validity and evidentiary strength continue to present significant challenges. This study seeks to examine the legal foundations governing the validity of ETS within the framework of Indonesian civil law, evaluate their recognition as admissible evidence in judicial proceedings, and identify key implementation barriers related to technical infrastructure, procedural limitations, and public trust. Employing a normative legal approach combined with jurisprudential analysis of court decisions from 2018 to 2025, the study finds that while certified ETS are normatively recognized as legally valid, their practical application remains inconsistent—particularly in cases involving uncertified ETS. The primary impediments include limited technical capacity among law enforcement personnel, low levels of digital literacy, and uneven access to certification infrastructure. In conclusion, the effective implementation of ETS in Indonesia requires regulatory harmonization, capacity-building within judicial institutions, and efforts to strengthen public confidence in the legal validity and security of ETS within the national legal system.

JIHKVol. 7(1)
Institut Sains dan Teknologi Terpadu Surabaya (ID)
Openalex Percentile: Top 61%
Legal and Policy Analysis in Indonesia
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Public Trust and the Legal Validity of Electronic Signatures in Indonesia — Andi Muliyono, Nurjana Lahangatubun · JIHK (2025) | TGRS Research Map | TGRS