The Role of Notaries in Preparing Deeds of Inheritance as the Basis for Transferring Inheritance Rights in Electronic Land Certificates

INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS ISSN(print): 2643-9840, ISSN(online): 2643-9875 Volume 08 Issue 11 November 2025 DOI: 10.47191/ijmra/v8-i11-62, Impact Factor: 8.266 Page No. 6432-6443 IJMRA, Volume 08 Issue 11 November 2025 www.ijmra.in Page 6432 The Role of Notaries in Preparing Deeds of Inheritance as the Basis for Transferring Inheritance Rights in Electronic Land Certificates Bunga Jasmine Puji Hapsari1, Putri Ayu Sutrisno2 1,2Faculty of Law, Universitas Diponegoro, Jl. dr. Antonius Suroyo, Tembalang, Semarang, Indonesia ABSTRACT: A notary is a public official who creates authentic deeds. One form of authentic deed is a certificate of inheritance rights, which serves as legal proof of heirs and forms the basis for the transfer of inheritance rights, especially in the context of land rights transfers. This study uses a sociological-legal method to examine the role of notaries in the creation of such deeds. The results of the study show that in addition to drawing up a statement of heirship, notaries must also include a clause explaining the inheritance rights of each heir, which have been agreed upon from the outset. This clause is very important to ensure clarity regarding the distribution of inheritance rights and to prevent future disputes. This study also highlights the importance of integrating inheritance rights deeds into the National Land Agency of Indonesia's electronic certificate system, which enables the digital and integrated storage of land rights data. In addition, this study also highlights the challenges faced by notaries in ensuring that these deeds comply with applicable legal procedures and support the integration of electronic certificates issued by the National Land Agency of Indonesia. With the digitization of land certificates, the transfer of rights becomes more efficient, secure, and transparent, but coordination between relevant institutions remains a determining factor for success. KEYWORDS: Notary, Deed of Inheritance Rights, Electronic Certificate, Transfer, Legal Protection. INTRODUCTION The government is obliged to guarantee legal certainty for all people in Indonesia. Legal certainty is a situation where there is no confusion among the people regarding a legal regulation, both in terms of regulation and in terms of implementation or law enforcement. In order to maintain legal certainty in society, the government has created law enforcement professions, including judges, prosecutors, police, the Indonesian National Armed Forces, lawyers, and other legal professions such as notaries and Land Deed Official. Notaries are public officials who have the authority to draw up authentic deeds for almost all legal actions as long as the law does not grant this authority to other officials. Notaries are considered public officials because they are appointed and dismissed by the State (in this case, represented by the Government through the Minister whose duties and responsibilities include notarial matters, which for the current cabinet is the Minister of Law and Human Rights. (Rachmat, 2009) Article 1 paragraph (1) of Law Number 2 of 2014 states that Notaries are the only public officials who have the authority to draw up authentic deeds related to all acts, agreements, and decisions required by a general regulation or by interested parties to be stated in an authentic deed, guaranteeing the certainty of the date of the deed's creation, storing the minutes of the deed, providing the gross deed, copies and excerpts of the deed, all as long as the creation of the deed is not assigned or exempted to other officials or persons by legislation. Notaries are officials appointed by the state to represent the general authority of the state in providing legal services to the public in the field of civil law for the sake of certainty, order, and legal protection. The form of civil service provided by notaries is the creation of authentic deeds. Authentic deeds are required by the public for the purpose of proof as the strongest and most complete evidence. (Adjie, 2008) Based on the above explanation, the profession of Notary has a very important role. in society because Notaries provide legal certainty regarding the creation of authentic deeds. In addition, Notaries also have considerable authority to create authentic deeds for legal actions, so Notaries must ensure all aspects of responsibility for these legal actions, because the responsibility of Notaries for the deeds they create is a great responsibility. The main authority of a Notary is to create authentic deeds regarding all acts, agreements, and stipulations required by laws and regulations and/or desired by interested parties to be stated in authentic deeds. (Herlien Budiono, 2013)One of the powers The Role of Notaries in Preparing Deeds of Inheritance as the Basis for Transferring Inheritance Rights in Electronic Land Certificates IJMRA, Volume 08 Issue 11 November 2025 www.ijmra.in Page 6433 of a Notary is to be able to draw up a Certificate of Inheritance Rights, which is a legal basis proving that a person or persons are legitimate heirs and are entitled to inheritance rights from the deceased. The importance of this deed is also one of the legal bases for the transfer of ownership from the deceased to the heirs. The authority of a Notary to issue a Certificate of Inheritance is regulated in Article 15 of Law Number 30 of 2004, which has been amended by Law Number 2 of 2014 concerning the Notary Law. This article regulates additional authorities beyond those described above. Paragraph (3) of Article 15 of the Notary Law of 2014 grants additional authority to Notaries, which will be stipulated in subsequent legislation. Article 111 paragraph (1) letter c of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997, also known as the Regulation of the Minister of Religious Affairs Number 3 of 1997, states that a will, court decision, judicial rulings/court chairperson rulings, or notarial inheritance deeds for Indonesian citizens of Chinese descent can declare a person as an heir. Previously, the issuance of a Certificate of Inheritance Rights was based on Article 35 of the 1860 Notary Regulations. The issuance of a Certificate of Inheritance Rights by a notary is a statement by the heirs that is recorded in an authentic deed. In this case, the notary is only formally responsible for the deed, but the parties are responsible for its contents. M. Slamet argues that the SKHM is an official deed made based on the wishes of the parties and certified by a notary . (Gede Afriliana Saputra, 2016) From the above statement, the role and responsibility of the Notary in making a certificate of inheritance is very large. If the principle of prudence is not applied, problems will arise that cause disputes between parties who feel that their rights have been ignored or harmed. If problems arise in the future, the Notary who drew up the deed will be involved because it is part of the Notary's responsibility in drawing up the Deed of Inheritance Rights. Notaries may face civil liability for errors in the deeds they draw up, administrative sanctions for procedural errors, and criminal charges for actions that constitute criminal offenses. Therefore, the author raises the following questions: What is the role of notaries in the preparation of inheritance rights deeds as the basis for the transfer of rights in electronic certificates? And what are the challenges faced by notaries in preparing inheritance rights deeds that can be used as the basis for the transfer of land rights, especially in relation to electronic certificates? I. RESEARCH METHOD The type of research used is sociological legal research. Sociological legal research is an approach based on binding norms or regulations, so that this approach is expected to reveal how laws that are empirically social phenomena can be studied as a variable that causes effects on various aspects of social life. (Soemitro, 1990)This approach aims to explore and understand the practice of making inheritance certificates by notaries in Indonesia and its impact on the inheritance transfer process, particularly in the context of electronic certificates implemented by the National Land Agency. The types of data and legal materials used in this article are primary legal materials in the form of relevant laws and regulations, secondary materials in the form of research results or journals related to this article, and tertiary legal materials in the form of dictionaries or legal dictionaries and electronic media. The data collection techniques used are literature study and field study. In processing and analyzing the data, the author used qualitative methods, which are research methods that use a qualitative approach. (Suteki and Taufani, 2017)The presentation of data/legal materials in this study is descriptive and analytical. II. LITERATURE REVIEW A. Overview of Notary The definition of a notary is regulated in Article 1 paragraph (1) of Law Number 2 of 2014 concerning the Position of Notary, which states that a notary is a public official who has the authority to make authentic deeds and other authorities as referred to in this Law. A notary is a profession of trust and is different from the legal profession, in that a notary is impartial in carrying out their duties. Therefore, in their position, they are trusted to create evidence that has authentic power. (Wiratni Ahmadi, Sari Wahyuni and Ahmad S. Djoyosugito, 2016) Notaries, as a respected public office profession, have duties or obligations that must be obeyed, as well as authorities as regulated in laws and regulations. Article 15 paragraph (1) of Law Number 2 of 2014 concerning the Position of Notary explains the authorities possessed by a Notary, namely: 1) Notaries have the authority to draw up authentic deeds concerning all acts, agreements, and stipulations Required by laws and regulations and/or desired by interested parties to be stated in authentic deeds, guarantee the certainty of the date of the deed's creation, store deeds, provide gross copies, copies, and excerpts of deeds, all of which are subject to the provision that the preparation of the deed is not also assigned or exempted to another official or person designated by law. The Role of Notaries in Preparing Deeds of Inheritance as the Basis for Transferring Inheritance Rights in Electronic Land Certificates IJMRA, Volume 08 Issue 11 November 2025 www.ijmra.in Page 6434 2) In addition to the authority referred to in paragraph (1), a Notary is also authorized to: a. to authenticate signatures and establish the certainty of the date of a private document by registering it in a special book; b. to record private documents by registering them in a special book; c. to make copies of original private documents in the form of copies containing the descriptions as written and depicted in the relevant documents; d. certifying the conformity of photocopies with the original documents; e. providing legal advice in connection with the preparation of deeds; f. drawing up deeds relating to land; or g. drawing up auction deeds. In addition to the authorities referred to in paragraphs (1) and (2), Notaries have other authorities as regulated in laws and regulations. 3) In addition to the authorities stipulated in Article 15 of the Notary Law, Notaries have duties or obligations that must be complied with as stipulated in Article 16 paragraph (1) of the Notary Law. These obligations are as follows: a. Acting in good faith, honestly, diligently, independently, impartially, and safeguarding the interests of the parties involved in legal actions; b. drawing up deeds in the form of minute deeds and storing them as part of the Notary Protocol; c. Attaching letters and documents as well as the fingerprints of the parties to the Deed Minutes; d. Issuing the Grosse Deed, Deed Copy, or Deed Extract based on the Deed Minute; e. providing services in accordance with the provisions of this Law, unless there are reasons to refuse; f. keep confidential all matters relating to the Deeds drawn up and all information obtained for the purpose of drawing up the Deeds in accordance with the oath/pledge of office, unless otherwise provided by law; g. bind the Deeds it has drawn up within 1 (one) month into a book containing no more than 50 (fifty) Deeds, and if the number of Deeds cannot be contained in one book, the Deeds may be bound into more than one book, and record the number of Deed Minutes, the month and year of their creation on the cover of each book; h. make a list of deeds of protest against non-payment or non-acceptance of negotiable instruments; i. prepare a list of deeds relating to wills in chronological order of the deeds' creation each month; j. submit the list of deeds as referred to in letter i or a nil list relating to wills to the will registry center at the ministry that administers government affairs in the field of law within 5 (five) days in the first week of each following month; k. record the date of submission of the will register at the end of each month in the repertory; l. have a stamp or seal bearing the emblem of the Republic of Indonesia and, in the space surrounding it, the name, position, and place of residence of the person concerned; m. read the Deed in the presence of the client, with at least 2 (two) witnesses present, or 4 (four) witnesses specifically for the creation of a handwritten will, and signed at that time by the client, witnesses, and Notary; and n. accepting Notary interns. The profession of Notary carries great responsibility, both legally, ethically, and professionally. According to the Notary Law, notaries are fully responsible for the authentic deeds they create, even if the deed protocol has been submitted to the next protocol recipient. Notaries are required to act in a trustworthy, honest, thorough, independent, and impartial manner, and to protect the interests of all parties involved in legal transactions, as stipulated in Article 16 paragraph (1) letter a of the Notary Law. In addition, notaries are also responsible for ensuring that all information and documents used as the basis for the deed are accurate, and are obliged to reflect the wishes of the parties in accordance with applicable legal provisions, in order to protect the rights and interests of the parties in the deed. B. Overview of Inheritance Deed Authentic deeds are mentioned in Articles 1867 and 1868 of the Civil Code. Article 1867 of the Civil Code states that:"Evidence in writing shall be in the form of an authentic deed or a private document." Article 1868 of the Civil Code explains that: "An authentic deed is a deed in the form prescribed by law, drawn up by or before public officials authorized for that purpose in the place where the deed is drawn up." Authentic deeds are also regulated in Article 165 of the HIR, which is the same as Article 285 of the Rbg, which states that authentic deeds are all deeds made by or in the presence of officials who have been given the authority to do so. This is complete evidence between the parties and their heirs and those who obtain the rights contained therein as notification, but the latter is only The Role of Notaries in Preparing Deeds of Inheritance as the Basis for Transferring Inheritance Rights in Electronic Land Certificates IJMRA, Volume 08 Issue 11 November 2025 www.ijmra.in Page 6435 notified by directly relating to the deedt. (M Luthfan Hadi Darus, 2017) Notary law has made notaries public officials, with the legal consequence that notarial deeds are authentic and have executory force. The probative value of notarial deeds does not derive from the process of their creation but is based on the form prescribed by law and their creation by and/or in the presence of an authorized official. An authentic deed is a valid document and can be used as perfect evidence. Perfect here means that the judge considers everything stated in the deed to be true, unless there is another deed that proves that the contents of the first deed are false. Having an authentic deed means that we have strong evidence or grounds in the eyes of the law. One type of authentic deed is a certificate of inheritance or Verklaring van erfrecht, better known as a Certificate of Inheritance Rights, which is a document drawn up by an authorized public official, the contents of which explain the position of the heirs and their relationship to the deceased. In a law from 1842, called Wet op het Notarisambt Article 38 paragraph 2 1, there is a clue. This paragraph stipulates that a notary, who is usually required to draw up deeds with minutes, is exempt from this obligation when drawing up certain deeds. This includes verklaring van erfrecht deeds. This article was then incorporated by the Dutch East Indies government into the Het Reglement op het Notarisambt in Indonesie (Nederlandsch Indie) (PJN) 1860 under article number 35. In it, it appears that the article was not quoted in its entirety. Among other things, the words verklaring van erfrecht in Article 38 NW refer to a deed with parties . (Tan Thong Kie, 1994) The certificate of inheritance serves to prove who is entitled to the inheritance left by a deceased person (the testator), which forms the basis for the distribution of the estate, both in terms of who is entitled and/or how much each heir is entitle to, either based on the legitimate portion and/or based on the will. In practice, certificates of inheritance are issued by different officials based on the category of residents. There are three officials authorized to issue a certificate of inheritance: a notary for the Chinese community, the Balai Harta Peninggalan (BHP) for the non-Chinese foreign community, or the heirs themselves on paper witnessed by the village head and confirmed by the sub-district head for the native Indonesian community. (Budiono, 2013) C. Overview of Electronic Land Certificate Electronic land certificates are a digital innovation in land administration in Indonesia, implemented through Minister of Agrarian Affairs and Spatial Planning/National Land Agency Regulation No. 1 of 2021 concerning Electronic Certificates. Article 1 point 8 of the Ministerial Regulation explains that an electronic certificate is a certificate issued through an electronic system in the form of an electronic document. The results of land registration activities are issued in the form of electronic documents. Article 1 point 2 explains as follows: "Electronic Documents are any electronic information created, forwarded, sent, received, or stored in analog, digital, electromagnetic, optical, or similar forms, which can be viewed, displayed, and/or heard through a computer or electronic system, including but not limited to writing, sound, images, maps, designs, photographs or similar, letters, signs, numbers, access codes, symbols, or perforations that have meaning or significance or can be understood by those capable of understanding them.” This regulation aims to facilitate the process of land registration and granting of land rights, provide legal certainty and efficiency for rights holders and relevant agencies. (Permadi and Herlindah, no date) The implementation of electronic certificates aims to accelerate the land registration process, improve service convenience, reduce the risk of loss or damage due to disasters, and prevent the falsification and duplication of physical certificates. This electronic land certificate will be protected with security measures using encryption technology such as cryptography by the National Cyber and Crypto Agency (BSSN). The existence of BSSN guarantees legal certainty. Certainty can have several meanings, namely clarity, no ambiguity, no contradictions, and enforceability. Legal certainty is a legal instrument of a country that contains clarity, does not give rise to multiple interpretations, does not give rise to contradictions, and can be implemented, which is able to guarantee the rights and obligations of every citizen in accordance with the existing culture of society. Therefore, the law must be strictly enforced in society, contain openness so that anyone can understand the meaning of a legal provision, so that one law does not contradict another, thereby avoiding becoming a source of doubt. (Ana Silviana, 2021) The transition to electronic land certificates is expected to improve the efficiency of the land registration process, reduce bureaucratic barriers, and increase transparency in property transactions. This transformation is crucial to improving the quality of the land administration system as a whole. (Diany et al., 2024) The Role of Notaries in Preparing Deeds of Inheritance as the Basis for Transferring Inheritance Rights in Electronic Land Certificates IJMRA, Volume 08 Issue 11 November 2025 www.ijmra.in Page 6436 IV. DISCUSSION A. The Role of Notaries in the Preparation of Deeds of Inheritance as the Basis for Transfer of Rights in Electronic Land Certificates Authentic deeds are mentioned in Articles 1867 and 1868 of the Civil Code. Article 1867 of the Civil Code states that: "Evidence in writing shall be in the form of an authentic document or a private document." Article 1868 of the Civil Code explains that: "An authentic deed is a deed in the form prescribed by law, made by or before public officials authorized to do so in the place where the deed is made." The Notary Law has made notaries public officials, with the legal consequence that notarial deeds are authentic and have executory force. The probative force of notarial deeds does not derive from the process of their creation but is based on the form prescribed by law and their creation by and/or in the presence of authorized officials. (M Luthfan Hadi Darus, 2017) Authentic deeds are also mentioned in Article 15 paragraph (1), which explains that the position of notary is a public official authorized to make authentic deeds. By examining the provisions of Article 15(1) of Law No. 2 of 2014 on the Notary Position and linking it with Articles 1867 and 1868 of the Civil Code, the following conclusions can be drawn: (Budiono, 2013) a) Authentic deeds are written evidence b) Containing all acts, agreements, and determinations required by a general regulation or at the request of the notary's clients c) It is drawn up by or in the presence of a public official authorized to do so in the place where the deed is drawn up. The meaning of an authentic deed has full probative force and it can also be determined that anyone is bound by the deed, as long as it cannot be proven otherwise based on a court decision that has permanent legal force. (Adjie, 2017) One form of authentic deed drawn up by a notary is the Deed of Inheritance (Verklaring van Erfpacht). According to R. Soegondo Notodisoerjo, this is a deed drawn up by a notary that contains provisions on who, according to the law, is the legal heir of deceased person. With the same meaning, several authors refer to the "Inheritance Certificate" as the "Certificate of Inheritance Rights" and the term Verklaring van Erfpacht as "Certificaat van Erfpacht". Previously, regulations regarding the authority to issue inheritance certificates were stipulated in Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency No. 3 of 1997 concerning the Implementation of Government Regulation No. 24 of 1997 concerning Land Registration, which stipulates that in the process of transferring land rights, a legal basis in the form of an inheritance certificate issued by an official or authorized party is required. The distribution is as follows: a) For Indonesian citizens who are native residents: the certificate of inheritance is made by the heirs witnessed by two witnesses, then certified by the Village Head/Kelurahan and the Sub-District Head in the place of residence of the deceased at the time of death. b) For Indonesian citizens of Chinese descent, the proof of inheritance is a certificate of inheritance rights issued by a notary. c) For Indonesian citizens of other foreign descent, a certificate of inheritance is issued by the Inheritance Office.Bagi warga Indonesia Keturunan Tionghoa, alat bukti pewarisan adalah surat keterangan hak mewaris yang dibuat oleh Notaris. The above article has been replaced by a regulation, namely the ability to issue a certificate of inheritance rights, in accordance with Article 111 paragraph (1) letter c number 5 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 16 of 2021. This article states that the certificate of inheritance rights from a notary must be drawn up at the place of residence of the deceased at the time of death. In the previous regulation, the authority of notaries to issue inheritance certificates was limited to Indonesian citizens of Chinese descent, as stated in Article 111 paragraph (1) letter c number 4 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Number 3 of 1997. With this change in the regulation, both native Indonesian citizens and Indonesian citizens of foreign descent can now make a certificate of inheritance before a notary. The article directly states that the classification for the purpose of making a certificate of inheritance has been removed. Classification based on community groups is no longer included. In preparing a certificate of inheritance rights, the Notary first prepares a certificate of inheritance declaration. A certificate of inheritance declaration is a document containing a statement from the heir that he or she is the legal heir of the deceased and that there are no other heirs. The deed of inheritance rights prepared by a notary is not prepared in the form of a minute (copy), but in the form of an in originali (Article 47 paragraph (1) of the Dutch Notary Law, which is followed in Indonesia. (Irma Devita Purnamasari, 2012) The basis for the preparation of the Heir Declaration Deed is the statement of the heir or heirs before the Notary and other supporting documents, such as: the heir's birth certificate, the testator's marriage certificate, identity card, family card, the testator's death certificate, and other supporting documents. The Deed of Declaration of Heirs serves to: (Raymond and Benny Djaja, 2023) The Role of Notaries in Preparing Deeds of Inheritance as the Basis for Transferring Inheritance Rights in Electronic Land Certificates IJMRA, Volume 08 Issue 11 November 2025 www.ijmra.in Page 6437 a) Provide details regarding the death of the deceased, including the place and date of death based on official documents such as a certificate or death certificate. b) Describing the marital status of the deceased, including how many times they were married, marriage documents, as seen from the heir's marriage certificate, which is the basis. As well as whether the marriage involved a prenuptial agreement or not. c) Explaining information about the children of the deceased, including references to birth certificates, their legal status or recognition as children born out of wedlock, their ages, and whether any of them have died previously. d) State whether there is a will made by the deceased by referring to documents issued by the Ministry of Law and Human Rights of the Republic of Indonesia. Confirm that the statements made by the respondent regarding the deceased are true, as well as the willingness of the witness to take an oath on their testimony. e) Identify the parties who have inheritance rights and detail the distribution of the estate. f) Explaining whether anyone has refused the inheritance and ensuring that all heirs have agreed to the distribution of the estate. There is no regulation requiring notaries to draw up a Statement of Heirs before drawing up a Deed of Inheritance Rights, but this is a form of independent legal protection carried out by notaries and is a form of the principle of prudence to protect notaries as the parties authorized to draw up Deeds of Inheritance Rights in the event of a dispute over thedistribution of inheritance in the future. In the Notary Law, namely Law Number 30 of 2014, there are no clear regulations regarding the application of the principle of prudence by Notaries in carrying out their duties. However, Article 16 paragraph (1) letter a states that "Notaries are required to act faithfully, honestly, carefully, independently, impartially, and protect the interests of the parties involved in legal actions." In addition, according to Rita Handajani, a Notary in the city of Semarang, the principle of prudence that can be applied by notaries is: a) Verifying the Identity of the Parties. In carrying out their duties, before beginning to draft a deed, notaries are faced with parties who wish to create an authentic deed. Before entering the identities of the parties into a deed, notaries must check the identities of the parties, such as their ID cards, family cards, or passports, and match the photos of the identity card holders with the parties creating the authentic deed, in order to prevent identity fraud in the deeds created by notaries. b) Fulfilling all technical requirements for the preparation of notarial deeds To create a notarial deed that is free from any indication of legal problems, the notary must meet the formal and material requirements for the creation of a notarial deed based on the Notary Position Law. The provisions regarding the formal requirements for the creation of a deed are regulated in Article 38 of the Notary Law, while the material requirements that must be met in the creation of an authentic deed are regulated in Article 1320 of the Civil Code c) Recording or taking pictures during the signing process outside the office When signing a deed outside the notary's office, it is advisable to have evidence in the form of photos or videos of the client and notary signing the deed. This is because when a deed is signed outside the notary's office, there is no CCTV (Closed Circuit Television) that can be used as evidence in the event of a dispute in the future. The above example of the principle of prudence is intended to minimize disputes in the future. And if a dispute arises in the future, the notary has evidence that the notary has carried out his/her duties in accordance with the provisions of the Notary Law. Notaries have a role and responsibility in the preparation of inheritance certificates, namely to ensure that the requirements for the preparation of inheritance certificates are correct and in accordance with existing laws and regulations. In this case, notaries carefully and thoroughly check all documents provided to ensure that the data provided is correct and in accordance with the parties involved. The form of prudence that must be adhered to by a Notary in drawing up a deed is the determination of the identity of the submitting party, careful examination of the data of the subject and object of the submitting party, as well as the administration of the deed, acting cautiously when preparing the deed and ensuring that all requirements are met. (Setiawan, Prakoso and Ali, 2022) After the Notary has drawn up the statement deed, based on this statement deed, the Notary draws up a deed of inheritance rights. The deed of inheritance rights confirms and specifies who the legal heirs of the deceased are. This deed is the basis for the transfer of rights from the deceased to the heirs. According to Rita Handajani, a Notary in the city of Semarang, the contents of the deed of inheritance rights are as follows: 1. It contains information about the death of the deceased, as evidenced by the death certificate issued by the competent authority. The Role of Notaries in Preparing Deeds of Inheritance as the Basis for Transferring Inheritance Rights in Electronic Land Certificates IJMRA, Volume 08 Issue 11 November 2025 www.ijmra.in Page 6438 2. It contains information on whether the deceased was legally married during their lifetime. 3. It contains information on whether the testator and his/her spouse had a marriage agreement. 4. The heirs according to their class and their respective shares in accordance with the Civil Code. 5. Whether or not there is a will from the deceased, as evidenced by the Central Will Register from the Ministry of Law and Human Rights. 6. Legal actions taken by the heirs. The creation of a certificate of inheritance or inheritance rights is recommended in the form of a party deed, because the Notary is obliged to formulate the wishes of the parties or those appearing before him in accordance with the data and documents provided by the parties to the Notary. Therefore, if there are incorrect documents and data, the responsibility lies entirely with the parties. (Juliantika, 2023) From the explanation above, it is clear that inheritance rights certificates issued by notaries are permitted for all groups of people in Indonesia. One of the uses of a certificate of inheritance is as the basis for the transfer of property from the deceased to the heirs, one of which is the transfer of land ownership rights as regulated in Article 111 paragraph 1 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/ Head of the National Land Agency Number 16 of 2021, which regulates the transfer of land rights due to inheritance. As an authentic deed, the inheritance rights certificate has many uses. In addition to serving as proof of who the legal heirs are according to the law, the inheritance rights certificate plays a more important role as a basic document in the process of digital transfer of land rights. In the context of electronic certificates, this deed ensures that information regarding inheritance and ownership rights is digitally integrated into the national land system. This digital system allows the data in the inheritance rights deed to be accessed more securely, efficiently, and transparently, minimizing the risk of data duplication or falsification. With the development of digitization, the documents produced are in the form of electronic documents, which means that the land registration process carried out through the land office now produces electronic products as regulated in the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Regulation No. 1 of 2021concerning Electronic Certificates. From the initial data collection stage to the issuance of electronic certificates, everything is done digitally and centrally organized by the ministry. The validation or approval process is also carried out digitally. The elements contained in the electronic document are the identity of the rights holder, the legal status of the land, and physical data. This policy was adopted to comply with the provisions of Job Creation Law No. 11 of 2020, particularly those related to the land cluster, which stipulates that land services be transferred to electronic format, including digital proof of rights documents. The digitization of land certificates can significantly improve services, reduce processing time, and increase transparency in land transactions. (Permadi, Maharani and Ahmad, 2025) Therefore, the process of digitizing land title certificates, known as electronic certificates, whose data is centrally organized and digital, requires that the legal basis or basis for the transfer of rights be valid and structured. If there is a transfer of land rights on the basis of inheritance, the National Land Agency uses the basis for the transfer, one of which is a certificate of inheritance issued by a notary. According to the Minister of Agrarian Affairs, the purpose of creating this electronic certificate is to improve business indicators and services to the community by realizing electronic-based land services. This is achieved by first validating the previous land certificates in terms of data, land size, and so on. Once the validation is complete, the old land certificates are replaced with electronic certificates and stored in an electronic database at their respective storage addresses. In the future, landowners will be able to print their certificates anytime and anywhere in accordance with the provisions stipulated in Article 16 of ATR Regulation Number 1 of 2021. (Erfa, 2021) Electronic land certificates are an innovation in land administration that enables the transfer of land rights to be more efficient, secure, and transparent. In the context of inheritance, the transfer of land rights not only requires an electronic certificate, but must also be supported by other legal documents such as a letter of inheritance made by a notary. This letter serves as legal proof of the status of the heirs, outlines who is entitled to receive the inheritance, and forms the legal basis for changes in ownership status in the electronic land certificate. Thus, these two documents complement each other in ensuring legal certainty in the land inheritance process. The notary who draws up the certificate of inheritance has the role of detailing the distribution of land rights among the heirs. The certificate of inheritance issued by the notary plays an important role in determining the detailed distribution of land rights for each heir. This deed clearly explains who is entitled to the inherited land. Not all notaries who issue inheritance certificates include a clause specifying the size of each heir's share. Notaries are required to be very careful and work professionally, independently in a fair and impartial position, and have good knowledge, including morals and compliance with professional ethics, so that they can carry out their functions and roles properly. (Rafli, Rinaldy Bima and Adha Hamzah, 2024) The Role of Notaries in Preparing Deeds of Inheritance as the Basis for Transferring Inheritance Rights in Electronic Land Certificates IJMRA, Volume 08 Issue 11 November 2025 www.ijmra.in Page 6439 According to the author, this should be included in order to minimize legal disputes that may arise in the future. This step aims to ensure transparency in the inheritance process and avoid potential disputes in the future. According to Rita Handajani SH, Notary of Semarang City, with a clear distribution set out in the deed, each heir can know their rightful share in accordance with applicable laws, whether based on civil law, customary law, or Islamic law, in accordance with the agreement of the heirs. Notaries, as officials with legal authority, have a strategic role in ensuring that inheritance rights deeds are accurately and completely drafted, including if terms of the distribution of inherited assets. In addition, by including a detailed distribution of rights in the inheritance rights certificate deed, notaries contribute to preventing uncertainty or ambiguity that could trigger disputes among heirs. This clarity is important, especially in the context of land or other high-value assets that are often the subject of disputes. With a valid document that includes a fair distribution, heirs have a strong legal basis to claim their respective rights, thereby minimizing the risk of conflict. The proactive role of notaries in this matter helps maintain legal order and supports the creation of legal certainty in the inheritance process. The National Land Agency , as the institution responsible for issuing land certificates, has an important role in ensuring legal certainty regarding the transfer of land rights through inheritance. If the deed of inheritance issued by a notary does not specify the distribution of rights to each heir in detail, the National Land Agency of Indonesia divides the rights equally among all heirs listed in the deed of inheritance. This can lead to legal uncertainty, especially if there are special agreements or other provisions that should regulate the size of each heir's share in accordance with existing rights or agreements. The equal distribution by the National Land Agency based on the ambiguity in the inheritance rights certificate often does not correspond to the actual conditions or wishes of the heirs. For example, the heirs may have a special agreement regarding the distribution of the inheritance, such as recognizing greater rights for one of the heirs based on certain contributions or other considerations. If this is not clearly stated in the inheritance rights certificate, the equal distribution by the National Land Agency of Indonesia has the potential to cause disputes in the future. The heirs may feel dissatisfied with a division that is considered unfair, which could ultimately lead to a conflict that requires resolution through legal channels. Therefore, it is important for the Notary to clearly state the distribution in the inheritance rights certificate to prevent legal uncertainty and minimize the potential for disputes in the future. This also includes the Notary's principle of prudence in drawing up the certificate. The inclusion of specific rights in the electronic certificate will provide clarity and legal certainty for all parties involved in the inheritance. This is important because differences in the distribution of rights among heirs are often a source of conflict. With detailed information about the rights of each heir, the potential for disputes can be minimized, as each party has a clear and digitally verifiable understanding of their respective rights. The inclusion of rights distribution in electronic land certificates provides advantages in terms of transparency and efficiency. Data stored in the National Land Agency of Indonesia electronic system can be easily accessed, allowing the government and interested parties to verify ownership and rights distribution in real-time. This also supports the process of transferring rights in the future, where inheritance distribution information is already recorded digitally, thereby reducing the risk of data manipulation or false claims. By including a complete and clear distribution in the electronic certificate database, heirs can be legally protected. In addition to ensuring fairness and legal certainty in the distribution of inheritance, it also ensures that each heir receives a proportional share in accordance with applicable laws, whether civil law, customary law, or Islamic law. Notaries, as parties with legal authority, act to ensure that these deeds are valid and can be used as a strong legal basis for the parties. The creation of a certificate of inheritance rights is an alternative method that must be included in the inheritance distribution process, in addition to using the courts, which are commonly used by the public. Similar to a court decision, a certificate of inheritance rights created by a notary is intended as proof of inheritance rights. (Tiffany Agave Christiantirta and Ery Agus Priyono, 2022) The distribution of rights outlined in the inheritance certificate is an important requirement for the transfer of land rights through the electronic system implemented by the National Land Agency . This land digitization system not only aims to speed up the administrative process but also provides transparency and data accuracy. With a clear division of rights, the potential for future conflicts or disputes can be minimized, as each heir has valid proof of rights that is recognized by the state. This digital process also supports the acceleration of more modern and efficient land services, as well as providing legal certainty for heirs in land ownership. The electronic certificate system implemented by the National Land Agency of Indonesia is expected to accelerate the land administration process, but it will only be effective if it is accompanied by clear legal procedures. In this case, it is important for the National Land Agency of Indonesia and other relevant institutions to strengthen regulations on the transfer of land rights using inheritance certificates as a basis. The data verification and validation procedures in the digital system must ensure that the recorded heir data is accurate and legally valid. With clear and consistent standardization of procedures, electronic certificates will become an effective tool for reducing potential disputes caused by ambiguity in the distribution of inheritance rights. To The Role of Notaries in Preparing Deeds of Inheritance as the Basis for Transferring Inheritance Rights in Electronic Land Certificates IJMRA, Volume 08 Issue 11 November 2025 www.ijmra.in Page 6440 ensure the effectiveness of the electronic certificate system, legal protection for heirs in the process of land rights transfer must be taken seriously, both in terms of preventive and repressive measures. With clear procedures and standardised standards, both at the stage of verifying heir data and in regulating the relationship between the National Land Agency, notaries, and other relevant institutions, the transfer of land rights can run smoothly, minimizing potential disputes and providing the necessary legal certainty for the parties involved. Although the digitization of land certificates can improve service provision and efficiency, the success of its implementation depends on the alignment of various laws and careful coordination between the National Land Agency and other government agencies. This includes Notaries. (Permadi, Maharani and Ahmad, 2025) Legal protection for heirs in the process of transferring land rights registered with the land office includes preventive and repressive protection. According to Philipus M. Hadjon, legal protection is protection of dignity and recognition of human rights as legal subjects. (Philipus M. Hadjon, 1987) This is manifested in preventive and repressive legal protection. Preventive protection serves to prevent violations by establishing guidelines and restrictions through legislation.Meanwhile, repressive legal protection resolves disputes by imposing sanctions such as fines or penalties in the event of violations. The land law system in Indonesia emphasizes legal certainty through land registration to ensure this protection. (Nurhadi, 2024) In addition, notaries have a great legal responsibility to ensure that the deeds they draw up include detailed inheritance rights. This is in line with the principle of prudence as stipulated in the Notary Law. To avoid legal problems in the future, notaries must verify the validity of the documents provided by the parties and ensure that the distribution of inheritance rights has been agreed upon by all heirs. Failure to clearly specify the distribution of rights in the deed may lead to legal disputes that could potentially involve the notary as the party responsible for the deed they have drawn up. As a corrective measure, it is recommended that there be an update to the laws and regulations governing the notary's obligation to include a detailed distribution of inheritance rights in the deed of inheritance rights. In addition, the government needs to add legal instruments that support the digitization of land certificates, such as standard procedures governing the use and validation of inheritance rights deeds in electronic systems. This policy will provide greater legal certainty for the community and improve efficiency in land administration in Indonesia. B. Challenges faced by notaries in drafting inheritance certificates that can be used as a basis for the transfer of land rights, related to electronic certificates The role of notaries in the distribution of inheritance is vital in creating legal certainty and protection for the community. They must carry out their duties with full responsibility and professionalism in accordance with the law and the code of ethics of the notary profession in order to avoid sanctions that may be imposed for violations. (Venia Utami Keliat, Syifaa Setiawan and Yanti Arnilis, 2025) In addition, the pluralism of inheritance law in Indonesia poses a particular challenge for notaries who draw up inheritance certificates, requiring them to have a deep understanding of the various characteristics of customary inheritance law in Indonesia. (Hanif Adiyanto, Taufan Fajar Riyanto and Bambang Tri Bawono, 2025) As a form of legal guarantee, inheritance certificates play a very important role in determining who is entitled to receive inheritance and as a legal basis for the transfer of rights, especially in the case of electronic certificates that are being implemented by the National Land Agency. Electronic certificates aim to improve efficiency, transparency, and security in land data management, but their implementation poses a number of challenges for notaries who have an obligation to draw up legally valid inheritance certificates. The transfer of land rights is a very important legal process in the land system in Indonesia. As a form of legal guarantee, inheritance certificates play a very important role in determining who is entitled to receive inheritance and as a legal basis for the transfer of rights, especially in the case of electronic certificates that are being implemented by the National Land Agency. Electronic certificates aim to improve efficiency, transparency, and security in land data management, but their implementation poses a number of challenges for notaries who are obliged to draw up legally valid inheritance certificates. In this context, there are various challenges faced by notaries that affect the smooth process of land rights transfer, especially those involving electronic certificates. Although electronic certificates offer many advantages in terms of efficiency and transparency, their implementation process presents several practical challenges for notaries in drawing up inheritance rights deeds. One of the legal challenges that often arises in the transfer of land rights involving electronic certificates is the ambiguity of the distribution of inheritance rights among the heirs. In the context of electronic certificates, it is important to clearly state the share of each heir to ensure legal certainty in the transfer process. However, in many cases, the distribution of inheritance rights among heirs has not been fully agreed upon at the time the inheritance rights deed is drawn up. This disagreement often occurs when the heirs have different views on the distribution of the inheritance, which then leads to ambiguity that could result in disputes in the future. Therefore, the notary