Why signatures should not be given carelessly

Jakarta (ANTARA) - A signature may seem like something simple. It takes only a few seconds to apply a pen to paper or to press a button to sign an electronic document.

However, a signature can carry much greater significance than its form. When applied to certain documents, a signature can serve as evidence that an individual agrees to or authenticates something.

Therefore, providing a signature should not be done carelessly, especially if the contents of the document are not clearly understood.

A signature can serve as evidence of consent

Fundamentally, a signature is used to link an individual to a document or a statement. When someone signs an agreement, for instance, the signature can become part of the evidence that the party agrees to the terms of that agreement.

This is why, before affixing a signature, a person needs to know what document is being signed, who created it, and what the consequences of the document’s contents are. The problem is that in daily life, people are sometimes asked to sign forms or letters under the guise of it being “just a formality.” However, if the document turns out to contain specific provisions, the signature provided could become part of a legal issue in the future.

One habit that must be avoided is providing a signature on blank paper or forms where the intended use is unclear. The risk is quite straightforward: once someone has signed, the contents of the document can be filled in or completed later. If the content differs from what was previously explained, disputes will arise regarding what the signatory actually agreed to.

Therefore, if asked to sign a document, ensure that all important sections are completed and align with the agreement. You should also check the names, dates, monetary amounts, identities of the parties involved, obligations, rights, durations, and other relevant provisions.

There is a common habit of immediately searching for the “signature” section and signing without reading the rest of the text. In reality, the most critical information may be on previous pages. In certain agreements or documents, provisions regarding rights and obligations may be spread across several pages. Some documents also include approvals, statements, fees, or specific consequences that only become apparent after reading the document in its entirety.

Furthermore, a signature can be used as a way to link a document to the person signing it. Consequently, a signature that falls into the hands of others has the potential to be misused, especially if accompanied by other information that could help someone create or submit documents in the name of the signature owner.

In the context of financial services, for example, personal data protection is vital. The Financial Services Authority (OJK) also reminds the public not to provide personal data to unknown parties and to be wary of various fraud methods that request personal information. Therefore, photos or copies of documents containing signatures should not be shared indiscriminately, especially with parties whose identity and purpose are unclear.

What about electronic signatures?

In the digital era, signatures are no longer always in the form of ink on paper. Indonesia recognises electronic signatures within a legal framework through the Electronic Information and Transactions Law (UU ITE). The current Law Number 1 of 2024, which amends the UU ITE, is in effect.

For electronic signatures that meet certain requirements, the regulation provides valid legal force and legal consequences. These requirements include the link between the signature creation data and the signatory, control over that data, the ability to detect changes after signing, the identification of the signatory, and proof that the signatory has provided consent.

This means that an individual should also not blindly click “Sign,” “Agree,” or “Tanda Tangan” on electronic documents. Before doing so, check the document, the party requesting the signature, and the terms of the agreement.

Other risks arise when someone receives a document via email, messaging applications, or unknown links. For example, someone may claim to be from a certain company and then ask the potential victim to fill out a form and provide a signature. If the sender’s identity is not verified, the document could be used for purposes inconsistent with the initial explanation.

OJK also reminds the public not to easily trust offers that arrive via private messages, social media, or links from unverified sources. The public is also urged not to provide personal data, account information, OTPs, PINs, or passwords to others. Although a signature may not always fall into the category of information that must be kept secret like a PIN or password, caution is still required because a signature can be part of a binding document.

What should be done before signing?

You do not need to be a legal expert to be more cautious. Several simple steps can be taken before providing a signature.

First, read the entire document and do not just look at the final page. Second, ensure the identity of the party creating or receiving the document is clear. Third, check the sections relating to obligations, costs, duration, and consequences.

If there is any part that is not understood, do not hesitate to request an explanation first. For documents with high value or significant consequences, such as business agreements, loans, asset purchases, or certain legal documents, seeking professional advice can also be a safer step.