Juridical Analysis of The Strength of Electronic Signatures as Legality Reviewed from The Electronic Transaction Information Law & The Civil Law Book

Abstract

The aim of this studyTo find out the regulations regarding making electronic signatures that are valid according to law and to find out the legal force regarding electronic signatures, review the Electronic Transaction Information Law and the Civil Code. The method applied in this writing is carried out using normative juridical legal research, namely by analyzing problems through a legal principles approach and referring to legal norms contained in statutory regulations.The results of this research are regulations regarding the creation of legally valid electronic signatures based on Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions and Government Regulation Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions, electronic signatures can be considered valid in the eyes of the law and have a legal umbrella and making electronic signatures must fulfill several aspects in order to be considered valid in the eyes of the law, namely authentication of the owner of the electronic signature, meaning that the electronic signature is truly owned by the signatory listed on the document digital and document authentication, meaning that digital documents must also be proven authentically after being signed, the document remains true to the original so the document cannot be faked. The legal power regarding electronic signatures is reviewed by the Electronic Transaction Information Law and the Civil Code. The legal power and legality of your electronic signature which is certified based on Article 11 of Law Number 19 of 2016 concerning Electronic Information and Transactions (ITE) is said to be valid in the eyes of the law to fulfill several requirements, especially that the electronic signature must be certified to provide a guarantee of trust for the owner, namely in the form of data authenticity. Data validity and legal certainty can only be provided by an Electronic Certification Organizing Body (PSeE) which has a license from the government, in this case the Ministry of Communication and Information Technology (Kominfo), whereas in the Civil Code after the issuance of Law Number 11 of 2008 concerning Electronic Information and Transactions , then the recognition of electronic documents signed with an electronic signature is an extension of the verification of civil procedural law in Indonesia, so that all electronic transactions with electronic signatures can be considered as deeds, even the strength of the proof is the same as an authentic deed made by an authorized official.