Legal Force of Electronic Stamps on Electronic Documents according to Positive Law in Indonesia

Abstract

The purpose of this research is to analyze the regulation and use of electronic stamps on electronic documents, and to analyze the legal force of electronic stamps on electronic documents. The research method used is the normative legal research method. The normative legal research method is a study that examines and analyzes legal norms that have been established by authorized officials. The approaches used are the legislative approach and the conceptual approach. The sources and types of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. It can be concluded that the regulation of electronic stamps is regulated in several laws and regulations in Indonesia, including Law No. 10/2020, PP No. 86/2021, PMK No. 134/PMK.03/2021, and Law No. 1/2024. This regulation makes electronic stamps a valid and legally recognized verification tool. The use of electronic stamps increases efficiency, security, and convenience in signing and verifying digital documents, supporting digital transformation in various sectors. Its use can be done through the eMET application. Electronic stamps have the same legal force as adhesive stamps since the enactment of Law No. 10/2020 on January 1, 2021. Electronic stamps are not a valid requirement for an agreement, but rather a formal requirement as evidence in court. The absence of an electronic stamp does not invalidate a legal act, but only affects the completeness of the document as evidence in court.