On 1 October 2021, the Indonesia’s Minister of Finance Sri Mulyani, launched electronic stamp or abbreviated into e-stamp. In her official speech, she emphasized that the e-stamp is intended to support the transformation of Indonesia’s economy where digital technology is emerging, becoming an essential part in human’s life and it causes new necessities for government, not only from the aspect of public policy and regulatory frameworks, but also its overall instruments.

On the same day, the Minister of Finance Regulation Number 134/PMK.03/2021 on the Payment of Stamp, General and Specific Characteristic on Adhesive Stamp, Unique Code and Certain Information on Electronic Stamp, Stamp in Other Forms and the Decision on the Validity of the Stamp as well as Belated Stamp (“MOF Regulation 134”). This MOF Regulation 134 is the implementing regulation of Law Number 10 Year 2020 on Duty Stamp (“Stamp Duty Law”) where the term ‘e-stamp’ was introduced.

As a refresher, Article 3 of the Stamp Duty Law provides that stamp duty shall be imposed towards documents that is used to conclude or describe events which are civil in nature (bersifat perdata) or documents which will be used as evidence before the court. Based on Article 3 of the MOF Regulation 134, the payment of such stamp duty is made by means of affixing a stamp (which comes in the form of adessive stamp, e-stamp, and stamp in other form) or through the receipt of tax payment.

Article 6 of the MOF Regulation 134 provides that the payment of stamp duty by means e-stamp is done by affixing e-stamp through the E-Stamp System (Sistem Meterai Elektronik) which is accessible through this following link https://pos.e-meterai.co.id/. Please note that although the system is now accessible for public, this e-stamp is still under trial process. This trial process is involving 4 state-owned banks (i.e. Bank Mandiri, Bank Republik Indonesia, Bank Negara Indonesia and Bank Tabungan Negara) and PT. Telkom Indonesia which will use e-stamp for their transactions that has certain substantial value.

The procedures of affixing e-stamp as explained in the launching is as follows:

1. The user needs to register themselves into the E-Stamp System. Once registered, the user can login into the E-Stamp System.
2. The user can purchase the e-stamp in the E-Stamp System. The purchased e-stamps which have not been used by the user will be kept in the E-Stamp System.
3. If the user has available e-stamp for use, the user can proceed with the affixing procedures by clicking the “AFFIXING” or “PEMBUBUHAN” button.
4. Upon clicking such button, the user will need to upload the document in which the e-stamp will be affixed and filling in some information related to such documents.
5. The user can locate the position where the e-stamp will be affixed in the document.
6. After the user located the position where the e-stamp will be affixed in the document, the user will be asked to input the user’s personal identification number (“PIN”).
7. Once the PIN is submitted, the system will finalize the process and the user will be able to download the document with the e-stamp affixed.

From the official press release conveyed by Sri Mulyani and the Director General of Tax Suryo Hutomo, we understand that this e-stamp will be used for electronic document or documents which was made in paperless mode. Due to the recent nature of this instrument and moreover it is still under trial, we are of the view that the practice of e-stamp will be developed further. We will closely monitor the practice and implementation of this matter. Should you have anything to be discussed , please contact us.