The development of information and communication technology has resulted in an increase in electronic transactions in Indonesia. In response to this trend, the Indonesian government has broadened the scope of documents that are subject to stamp duty obligations to include certain electronic documents. After being generally regulated under the Stamp Duty Law*, the Minister of Finance of the Republic of Indonesia recently issued Regulation No.134** which provides further provisions regarding the use of electronic stamps for the payment of the stamp duty.
As background information, stamp duty is a tax that shall be imposed on certain documents at a rate of IDR 10,000. The stamp duty shall be paid by affixing a stamp to the document.
The electronic stamp is a stamp in the form of a label used by affixing it to a document through an electronic stamp duty system. This system automates the entire electronic stamp duty process, from creating, distribution, to affixing the stamp to the documents. The system is currently available at https://e-meterai.co.id/.
Regulation 134 specifies two requirements that must be met to determine the validity of the payment of stamp duty using an electronic stamp. First, the stamp should be made through the electronic stamp duty system. Second, the stamp affixed to the document must have a unique code in the form of a 22-digit serial number generated by the system and must display the following details: (a). an image of the national symbol of Garuda Pancasila; (b) the inscription “METERAI ELEKTRONIK” (the Indonesian language of electronic stamp); and (c). numbers and writing indicating the stamp duty tariff.
The electronic stamp can also be used to pay the stamp duty through the post-dated stamp. As background information, the post-dated stamp shall be carried out for: (a). documents for which the relevant stamp duty has not been paid or underpaid; and/or (b). Documents that will be issued as evidence before the court.
* Law No. 10 of 2020 concerning the Stamp Duty.
** Minister of Finance Regulation No. 134/PMK.03/2021 concerning Payments of Stamp Duty, General Characteristics and Special Characteristics of Stamps, Unique Codes and Certain Information on Electronic Stamps, Stamps in Other Forms, Determinations of the Validity of Stamps and Paid Post-Dated Stamps.