Chaerany Putri, Director of Public Affairs at VIDA, answers one of the most common questions about attaching scanned signatures to digital documents and explains why the practice can carry legal risks.
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Is a scanned signature on a PDF legally valid?
Not necessarily. Simply inserting an image of a signature does not automatically meet the technical requirements for an Electronic Signature under Article 11 of Indonesia's Electronic Information and Transactions (ITE) Law.
The real question is not whether a signature appears on the document, but whether the signer's identity, consent, and the integrity of the document can be verified. If they cannot, the document's evidentiary value may weaken if its authenticity is challenged.
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If the document is challenged, will the scanned signature be examined?
No. The image itself is not what matters, the evidence behind it is.
The key questions are whether the signature can be linked to the actual signer, whether it was created under the signer's control, and whether the document has remained unchanged since it was signed. A pasted signature image may look authentic, but it does not provide evidence that supports those claims.
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Why do legally valid Electronic Signatures even more important in the deepfakes era?
Advances in AI have made identity impersonation and document manipulation much easier.
As a result, digital signing processes now need to verify three things at once: the signer's identity, their consent to the document, and the document's integrity after it has been signed.
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How is an Electronic Signature in Indonesia legally recognized?
Under Article 11 of Indonesia's ITE Law, an Electronic Signature is legally recognized when it can demonstrate that:
- It genuinely belongs to the signer.
- It was created under the signer's sole control.
- It has not been altered after signing.
- It reflects the signer's consent to the document.
These requirements cannot be satisfied simply by pasting a scanned signature image onto a document.
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What's the difference between a regular Electronic Signature and a certified Electronic Signature?
Any Electronic Signature can be legally valid as long as it meets the legal requirements above.
The difference is that a certified Electronic Signature adds another layer of assurance through an Electronic Certificate issued by a licensed Indonesian Electronic Certification Provider (PSrE). This makes it much easier to verify the signer's identity, the document's integrity, and the signing process itself.
The key issue is not whether a signature exists, but whether the identity, consent, and integrity behind that signature can be proven.
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How do businesses choose the right Electronic Signature method?
Not every transaction carries the same level of risk, so the signing method should match the transaction's value, risk level, and future evidentiary needs.
The higher the risk, the more important it becomes to ensure that the signer's identity, the document's integrity, and the signing trail can all be reliably verified.
The question businesses should be asking is no longer whether their documents have a signature, but whether that signature can be proven valid if it is ever challenged.
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