Pertanggungjawaban Hukum PSrE atas Kegagalan Verifikasi Identitas dalam Penerbitan Sertifikat Elektronik
Year: 2026
Type: article
Abstract: The legal liability of Electronic Certification Providers (PSrE) becomes an issue when identity verification fails, causing an Electronic Certificate to be issued to an unauthorized party and subsequently used in a transaction that causes loss. This study asks how PSrE liability should be determined through verification duties, attribution of fault to the PSrE or a registration authority, the statutory presumption of intent or negligence, causation, and the contribution of the subscriber and relying party. The study employs normative legal research using statutory, conceptual, and comparative approaches through analysis of primary legal materials and relevant literature. The findings show that the verification duty is the starting point for liability attribution, while the use of a registration authority does not eliminate the responsibility of an Indonesian PSrE and remains subject to an audit duty. The presumptions in Government Regulation No. 71 of 2019 and Ministerial Regulation No. 11 of 2022 operate within the proof structure concerning loss, but do not make every loss automatically attributable to the PSrE because the connection between failure to comply with a duty and the claimed loss must still be established. The analytical contribution lies in a layered liability framework distinguishing duty, fault, causation, damage, and external allocation of responsibility from possible internal recourse. The study concludes that PSrE liability must be determined through the applicable duty, source of fault, causal connection, and contribution of other actors within the proven legal relationship.
Source: Legal Note
Authors: Makarim, Edmon, Ramadhan, Fajar, Ramli, Ahmad
Institutions: University of Indonesia, Padjadjaran University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7224989358