Typed or Handwritten Affidavit, Which is more Legitimate?

PERTANYAAN

Between handwritten affidavits and a typed (formatted) letter, which one is stronger or more legitimate?

INTISARI JAWABAN

There are no provisions that require affidavits to be handwritten or typed. Thus, between the two, neither one is superior nor inferior. Therefore, can both be used as valid/legal evidence?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Surat Pernyataan Diketik atau Ditulis Tangan, Lebih Kuat Mana? which was written by Nafiatul Munawaroh and was published on Friday, 6 January 2023.

This article below is an update of the article entitled Handwritten and Typed Statement Letter, Which is Stronger? (Surat Pernyataan Bertuliskan Tangan dengan Diketik, Lebih Kuat Mana?) which was written by Dr. Flora Dianti, S,H., M.H., and was first published on Tuesday, 5 May 2020.

All legal informations which are available through Klinik hukumonline.com have been prepared for educational purposes only and are general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Statement letters or affidavits are often required in various aspects of life, namely in education, work, etc. In simple terms, an affidavit can be defined as a letter made to state one's ability.

Affidavits in the Indonesian Civil Code

Affidavits can be said as unilateral engagements, which are subject to the provisions of Article 1313 of the Indonesian Civil Code. Article 1313 of the Indonesian Civil Code explains that an agreement is an act in which one or more persons bind themselves to one or more persons.

Furthermore, an affidavit is said to be unilateral because only the party making the statement has the legal obligation to implement said statement. The other party has no obligation to implement any statement which is made.

Handwritten and Typed Affidavits

Based on the types, affidavits can be classified into two, namely affidavits that are made by hand and affidavits which are made by way of typing.

In relation to these two types of affidavits, it is important to note that both handwritten and typed affidavits can be used as valid/ legal evidence, including in privately made deeds.

In the Indonesian Civil Code itself, there are two types of deeds, namely authentic deeds and private deeds. Authentic deeds are deeds drawn up in the form determined according to the law, by or before a public/general official who is authorized to do so at the place where the deed was made.[1]

On the other hand, private deeds are privately signed deeds, letters, lists, household affairs letters, and other writings which are drawn up without the intermediary of a public/general official.[2]

Also read: Authentic Deeds and Private Deeds

Strength of Proof of Affidavit

As already mentioned, either handwritten or typed affidavits can be used as valid/legal evidence.

Furthermore, a private deed (in this case a statement letter) has perfect proving power as well as an authentic deed if the validity of the letter is acknowledged by the person who is presented to it (the person who signed it).

This is regulated in Article 1875 of the Indonesian Civil Code which explains that a handwritten letter that is acknowledged by the person who is brought before it or legally is deemed to have been justified by it, gives rise to complete evidence such as an authentic deed for the people who signed it, the heir as well as persons who derive their rights from them.

In affirming the answer to your question, we would like to emphasize that there are no provisions that require affidavits to be handwritten or typed. Thus, between the two, neither is more legitimate or superior (stronger) or inferior (weak).

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Indonesian Civil Code.

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[1] Article 1868 of the Indonesian Civil Code.

[2] Article 1874 of the Indonesian Civil Code.