What does the ITE Law (UU 11/2008) regulate regarding electronic information, documents, and signatures?

Law Number 11 of 2008 on Electronic Information and Transactions (the ITE Law, as amended by Law 19/2016. Furthermore, Law 1/2024) recognizes electronic information, electronic documents, and their printouts as valid legal evidence (Article 5 paragraph (1)). An electronic document satisfies legal requirements for written or original form provided its contents remain accessible, displayable, intact, and accountable (Article 6). Electronic signatures likewise hold legal validity when they satisfy the requirements of Article 11 paragraph (1).

When electronic documents are legally valid

Electronic information covers processed and meaningful text, audio, images, photographs, and electronic mail (Article 1 point 1). An electronic document is electronic information created, transmitted. Alternatively, Stored in digital or optical form that can be viewed or heard through an electronic system (Article 1 point 4).

An electronic document is valid when generated or stored by a compliant electronic system (Article 5 paragraph (3). Article 7). At a minimum, the system must be able to display the document in full throughout the statutory retention period. Furthermore, Protect its integrity and confidentiality (Article 16 paragraph (1)(a) and (b)). Article 5 paragraph (1) does not apply where another statute requires a special legal form (Article 5 paragraph (4) as amended by Law 1/2024).

Four validity requirements for electronic signatures

An electronic signature is electronic information attached to or associated with other electronic information for verification and authentication (Article 1 point 12). Article 11 paragraph (1) sets validity requirements that can be summarized in four points:

• the signature creation data is uniquely linked to the signer and under the signer's sole control at the time of signing;
• any alteration to the signature or to the document content after signing is detectable;
• there is a method to identify the signer. and
• there is a method to show that the signer consented to the contents of the electronic document.

The elucidation of Article 11 confirms that an electronic signature holds the same legal standing as a handwritten signature. PP 71/2019 Article 60 paragraphs (2) and (3) distinguish between certified electronic signatures (issued by an Indonesian electronic certification provider) and uncertified signatures.

Key considerations for clinics and hospitals

Permenkes 24/2022 Article 31 states that electronic medical records may be equipped with electronic signatures. At the same time, Article 16 paragraph (2) requires every clinical entry to record the healthcare worker's name, timestamp, and signature. Under Article 12 paragraphs (1) and (2) of the ITE Law, anyone involved in an electronic signature must secure it against unauthorized access. Furthermore, Promptly notify relying parties if the signature creation data is compromised. Because Article 11 paragraph (1) requires signature creation data to remain under a single signer's control. Sharing a personal signing account across multiple clinic staff members undermines legal validity.

Legal basis

• Law Number 11 of 2008 on Electronic Information and Transactions: Article 1 points 1, 4, and 12. Articles 5, 6, 7, 11 (and its Elucidation), 12, and 16 paragraph (1).
• Law Number 19 of 2016: Elucidation of Article 5.
• Law Number 1 of 2024: Article 5 paragraph (4) and Article 13.
• Government Regulation Number 71 of 2019: Article 59 paragraph (3) and Article 60 paragraphs (2) and (3).
• Ministry of Health Regulation Number 24 of 2022 on Medical Records: Article 16 paragraph (2) and Article 31.