Notary and BHP Synergy: Key to Legal Certainty in Inheritance Matters

Management of inheritance assets remains a complex challenge in Indonesian civil law practice. Limited public understanding of the role of the Estate Management Office (BHP), coupled with potential overlapping authority with notaries, often leads to disputes and legal uncertainty in inheritance resolution. This issue is of serious concern as it involves protecting heirs’ rights, particularly for those who are legally incapacitated or minors. The strategic issue was thoroughly discussed at the National Seminar titled ‘Strengthening Notary and BHP Collaboration to Ensure Legal Certainty of Inheritance Status’, organised by the Master of Notary Studies (MKn) programme of the Faculty of Law at Universitas Pelita Harapan (UPH) in collaboration with the Indonesian Notary Association (INI), at UPH Lippo Village Campus in Tangerang on 12 May 2026. Director General of General Legal Administration (AHU) at the Ministry of Law, Dr Widodo, S.H., M.H., emphasised that inheritance management is not merely an administrative matter. He stated that family interests and heirs’ rights must be protected by the state. ‘Family interests, heirs’ rights, protection for legally incapacitated individuals, and the state’s obligation to provide legal certainty are all at stake. This is where the role of notaries becomes crucial,’ Widodo said during his keynote speech. Similarly, UPH Faculty of Law Dean Assoc. Prof. Dr Velliana Tanaya, S.H., M.H., stressed the importance of multidisciplinary discussions. Synergy between notaries and BHP is critical to ensure accountability and compliance with existing legal provisions. During the seminar, which also marked UPH’s 30th anniversary, Director of Civil Affairs at the Ministry of Law, Henry Sulaiman, S.H., M.E., explained that while notaries and BHP have distinct functions, they are complementary. Prof Dr Irawan Soerodjo, S.H., M.Si., Professor at Dr Soetomo University, highlighted the classic challenge of legal pluralism in Indonesian inheritance. Despite the abolition of colonial-era population classifications, practical implementation still shows varying legal systems in issuing Inheritance Right Certificates (SKHW). ‘Public services in notarial and inheritance matters must adhere to non-discrimination principles. Notary-BHP synergy is vital to ensure legal certainty for all citizens regardless of background,’ Prof Irawan stated. BHP Chief Amien Fajar Ocham, S.H., M.M., added that BHP’s role as a protector of civil rights cannot stand alone. Strong coordination with various entities, including courts, land offices, banks, and the Civil Registry Office, is necessary. Notary PP INI, Dewy Nelly Yanthy, S.H., Sp.1., also reminded the importance of oversight in legal actions involving minors or legally incapacitated individuals to prevent future disputes. Through this forum, UPH reaffirmed its commitment to producing notaries who are not only technically competent but also possess professional ethics and social sensitivity. INI General Secretary Amriyati Amin praised UPH for bringing together academics and practitioners to address evolving legal dynamics in society.