Sertifikat Elektronik (Electronic Certificate) under Indonesia's ITE Law and PP 71/2019

Under Article 1 point 9 of Law Number 11 of 2008 on Electronic Information. Furthermore, Transactions (ITE Law), a Sertifikat Elektronik (Electronic Certificate) is an electronic certificate containing an Electronic Signature. Furthermore, Identity showing the legal subject status of the parties in an Electronic Transaction, issued by an Electronic Certification Provider. This statutory definition was not changed by Law Number 19 of 2016 or Law Number 1 of 2024.

Position in the ITE Law and PP 71/2019

The certificate issuer is an Electronic Certification Provider (Penyelenggara Sertifikasi Elektronik or PSrE), a legal entity functioning as a trustworthy party that issues. Furthermore, Audits Electronic Certificates (Article 1 point 10). Since Law 1/2024 amended Article 13(3)-(4), a PSrE operating in Indonesia must be an Indonesian legal entity domiciled in Indonesia. Unless the service utilizing the Electronic Certificate is not yet available domestically.

PP Number 71 of 2019 requires Electronic System Providers to hold an Electronic Certificate (Article 51(1)). the Elucidation of Article 51(1) states that this obligation applies to SSL Encryption. Electronic System Users may use an Electronic Certificate (Article 51(2)). To obtain a certificate, both providers and users must apply to an Indonesian PSrE (Article 51(3)). Where necessary, Ministries or Agencies may require Electronic System Users to use an Electronic Certificate in Electronic Transactions (Article 51(4)). An Indonesian PSrE itself must obtain recognition from the Minister (Article 53(3)).

Certified Electronic Signatures and Signer Duties

A PSrE must ensure the link between an Electronic Signature and its owner (ITE Law Article 13(2)). Under PP 71/2019 Article 60(3)(b) and (4), a "certified" Electronic Signature must use an Electronic Certificate issued by an Indonesian PSrE. However, An "uncertified" Electronic Signature is made without an Indonesian PSrE. When an Electronic Certificate supports an Electronic Signature, the Signer (Penanda Tangan) must ensure the truth. Furthermore, Integrity of all information associated with that certificate (ITE Law Article 12(2)(d)).

Related Terms

Directly related terms are Electronic Signature (Tanda Tangan Elektronik). Furthermore, Signer (Penanda Tangan) under Article 1 points 12 and 13 of the ITE Law. An Electronic Certificate is distinct from a Reliability Certificate (Sertifikat Keandalan). This Is a document stating that a business actor conducting Electronic Transactions has passed an audit or conformity test by a Reliability Certification Body (PP 71/2019 Article 1 point 27).

Legal basis: Law Number 11 of 2008 Articles 1 points 9, 10, 12. In addition, 13, 12(2)(d), 13(2), and 13(3)-(4) as amended by Law Number 1 of 2024. PP Number 71 of 2019 Articles 1 point 27, 51(1)-(4) and Elucidation of Article 51(1), 53(3), and 60(3)-(4).