Introduction
A signature serves as a written identity that validates a document. In accordance with the Indonesian Civil Code (“ICC”), a signature is one of the mandatory requirements for a document to be considered as a private deed. However, in certain situations, a fingerprint is used as a substitute for a signature.
Fingerprints, including thumbprint, are highly accurate identification tools. The pattern configuration of each individual’s fingerprints is unique and can be used to identify a person.1 However, the use of fingerprints as a signature differs from a conventional signature. A signature requires the physical skill to write, while a fingerprint only requires pressing the finger onto ink.

Fingerprints as Signature under the Indonesian Civil Code
One of the requirements for a writing to be considered a private deed is if it is signed. According to Article 1874 of the ICC, a thumbprint may be considered equivalent to a signature if there is a statement from a notary or another authorized official declaring:

  1. the person applying the thumbprint is known to or introduced to them;
  2. the contents of the document have been explained to the person applying the thumbprint; and
  3. the thumbprint was applied in their presence.

Court Decisions Related to Fingerprints

  1. Decision Number 72/Pdt.G/2018/PN Pya and Decision Number 69/Pdt/2018/PT Pal, the judges were of the opinion that a power of attorney, as a private deed signed with a thumbprint, is invalid without authorization by a Notary or authorized official, as stipulated in Article 1874 of the ICC.
  2. Decision Number 20/Pdt.G/2022/PTA. Yk, the judges were of the opinion that the collateral binding document, which was a private deed, was legally defective and invalid as the document was only affixed with a thumbprint and not legitimized by a Notary in accordance with the provisions of Article 1874 ICC.
  3. Decision Number 3415 K/Pdt/1985, the judges were of the opinion that the land sale and purchase agreement was valid despite it was not executed before the Village Head because, based on witness testimony and the results of dactyloscopic examination by the Indonesian Police Headquarters, it was proven that the thumbprint belonged to the Defendant.
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Based on the aforementioned decisions, it is clear that the position of fingerprint can be equated to signature if it meets the requirements under Article 1874 of the ICC.  However, in certain cases such as Decision Number 3415 K/Pdt/1985, a thumbprint may possess greater evidentiary strength than a conventional signature, particularly when its authenticity is verified through dactyloscopic examination, even it does not meet the requirements under Article 1874 of the ICC.

Closing
In Indonesia, a thumbprint can be equated with a signature in Indonesia and is legally recognized if it meets specific requirements, such as an authorization from a notary or authorized official stating that the thumbprint was affixed by the individual with full understanding of the document’s content. In certain cases, a thumbprint may possess greater evidentiary strength than a conventional signature, particularly when its authenticity is verified. Consequently, a thumbprint is a valid and legitimate alternative in various legal transactions in Indonesia, provided that the proper procedures are followed to ensure its authenticity.

Ardelia Ignatius

Sources

  1. https://www.descope.com/learn/post/fingerprint-authentication