Legal Status and Consequences of Digital Resignation, Post-Resignation Conduct, and Data Management by Employees under Indonesian Law

Posted 5 August 2025

Jack Wiston

INTRODUCTION

This memorandum addresses the legal framework and implications of digital resignation (resign digital), the legal prohibitions applicable to former employees after resignation, and the lawful management of work-related data before and after resignation in Indonesia. The analysis is based on relevant provisions of Indonesian labor law, electronic information law, trade secret law, and data protection regulations. The objective is to clarify the legal position, risks, and recommended actions for both employees and employers to ensure compliance with prevailing laws and to mitigate potential legal disputes.

DISCUSSION

Legal Recognition and Requirements of Digital Resignation (Resign Digital)

Digital resignation refers to the act of an employee resigning through electronic means, such as email, company applications, or other digital systems, as a substitute for a physical resignation letter.
Article 81 point 42 of Law Number 11 of 2020 concerning Job Creation, which amends Article 154A paragraph (1) letter i of Law Number 13 of 2003 concerning Manpower, stipulates that an employee wishing to resign must submit a written resignation request at least 30 days prior to the effective resignation date, must not be bound by a service bond, and must continue to fulfill their obligations until the effective date.
Written resignation requests may be made in electronic form, in accordance with Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) and its amendments, which recognize electronic documents and their printouts as valid legal evidence.
Therefore, digital resignation is legally valid provided that:
- The resignation is submitted in writing (including electronic form).
- The minimum 30-day notice period is observed.
- The employee is not bound by a service bond.
- The employee continues to fulfill their duties until the effective resignation date.
The legal force of digital resignation is equivalent to physical resignation, as long as the formal requirements under Article 154A paragraph (1) letter i of the Manpower Law are met and the authenticity of the electronic document can be proven in accordance with the ITE Law.

Prohibited Actions after Resignation

Upon lawful resignation in accordance with Article 154A paragraph (1) letter i of Law Number 13 of 2003 as amended by Law Number 11 of 2020, several prohibitions apply to former employees:
- Accessing or using company data, documents, or information without authorization after the effective resignation date, as access rights terminate with the employment relationship. This is in line with the principle of data protection and company confidentiality, typically regulated in employment agreements or company regulations.
- Claiming rights that are only applicable to active employees, such as monthly salary, allowances, office facilities, or employee health insurance, as these rights cease upon termination of employment pursuant to Article 50 of the Manpower Law.
- Engaging in conduct that may harm the company’s reputation or interests, such as disclosing trade secrets or sensitive information obtained during employment. Such prohibitions are usually stipulated in non-disclosure agreements (NDA) or employment contracts, and violations may result in civil or criminal liability.
- Using company identity or attributes (e.g., ID cards, uniforms, or company email) for personal or third-party purposes after resignation, as this may constitute misuse of identity and breach of internal company rules.
- If a valid and lawful non-compete clause exists, the former employee is also prohibited from working for competitors or establishing a similar business within the specified period and territory, provided such clause does not contravene the employee’s rights under the Manpower Law.
Former employees are thus required to respect the termination of their employment rights and obligations, maintain company confidentiality, and comply with any binding provisions under their employment agreement or company regulations, as long as these do not conflict with prevailing laws.

Legal Implications of Storing or Transferring Work Files/Data to Personal Devices or Cloud Storage before Resignation

Storing or transferring work files/data to personal hard disks or cloud storage as a backup before resignation must comply with legal provisions on data protection, company confidentiality, and employment agreements.
Article 50 of Law Number 13 of 2003 establishes that the employment relationship creates mutual rights and obligations, including the duty to maintain the confidentiality of company data and information.
Employment agreements or company regulations commonly include non-disclosure clauses prohibiting employees from storing, copying, or distributing company data for personal purposes, both during and after employment.
Storing or transferring work files/data to personal media without written company authorization may be deemed a breach of confidentiality and data integrity obligations, and may also constitute an unlawful act under Article 1365 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata) if it causes loss to the company.
If the data contains trade secrets, such actions may violate Law Number 30 of 2000 concerning Trade Secrets, which prohibits disclosure or use of trade secrets without the owner’s consent.
Furthermore, Law Number 11 of 2008 concerning Electronic Information and Transactions and its amendments prohibit unauthorized access, retrieval, or transfer of electronic data belonging to others.
Consequently, employees are not permitted to store or transfer work files/data to personal devices or cloud storage as a backup before resignation without written company approval. Such actions may result in civil or criminal liability, especially if the data is confidential or strategic. It is strongly advised to obtain written company consent before backing up work data.

Storing Personal Work Data for Legal Protection Purposes

Storing personal work data for self-protection in the event of future legal disputes must be conducted with caution and in compliance with data protection, company confidentiality, and employment agreement provisions.
Article 50 of Law Number 13 of 2003 requires employees to maintain the confidentiality of company data and information.
If the data stored is the employee’s own personal data (e.g., appointment letters, pay slips, employment contracts, or documents explicitly related to the employee’s individual rights and obligations), such storage is generally permissible for evidentiary purposes, provided it does not violate confidentiality clauses or internal company rules.
However, if the data includes documents, files, or information containing trade secrets, client data, business strategies, or other company confidential information, storage without written company consent may be considered a breach of confidentiality obligations under the employment agreement or NDA, and may also violate Law Number 30 of 2000 concerning Trade Secrets.
Additionally, Article 9 paragraph (1) of Minister of Communication and Informatics Regulation Number 20 of 2016 requires that the collection and acquisition of personal data by electronic system providers be based on consent or statutory provisions. If the data stored includes personal data of others (e.g., colleagues, clients, or third parties), storage without legal basis or consent may breach data protection principles.
Unauthorized storage of company electronic data may also violate Article 30 paragraph (1) of Law Number 11 of 2008 concerning Electronic Information and Transactions and its amendments, which prohibits unauthorized access to others’ electronic systems.
In summary:
- Employees may store work data that is exclusively their own (e.g., employment contracts, pay slips, warning letters, or documents to which they are entitled) for future legal protection, as long as this does not breach confidentiality clauses or company rules.
- For data containing company secrets, client data, or third-party data, storage is only permitted with written company consent.
- When in doubt, employees should seek written company approval before storing any work data to avoid potential civil or criminal liability.
This approach ensures the protection of employee rights without violating applicable confidentiality and data protection laws.

CONCLUSION

Based on the above analysis, digital resignation is legally recognized in Indonesia if it fulfills the formal requirements stipulated by law. Former employees are prohibited from accessing company data, claiming employee-only rights, or misusing company identity after resignation. Storing or transferring work data to personal devices or cloud storage before resignation is not permitted without written company consent, especially for confidential or strategic data. Employees may retain personal work documents for legal protection, provided this does not breach confidentiality or data protection rules. It is recommended that all actions related to resignation and data management be documented and authorized in writing to ensure legal compliance and minimize risk.

ATTACHMENT OF LEGAL BASIS

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