International Journal of Judicial Law  |  ISSN: 2583-6536  |  Double-Blind Peer Review  |  Open Access  |  CC BY 4.0

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     2026:5/3

International Journal of Judicial Law

ISSN: (Print) | 2583-6536 (Online) | Impact Factor: 8.09 | Open Access

Normative Disharmony Regarding the Authority of Notaries to Draft Deeds of Inheritance Rights under Indonesian Positive Law

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Abstract

This study examines the normative disharmony concerning the authority of Notaries to execute deeds of inheritance rights within the Indonesian legal framework. Legal uncertainty has emerged following the enactment of 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 (“Permen ATR/BPN 16/2021”) which introduces limitations regarding the competence of Notaries to draft such deeds. The research aims to analyze the conflict of norms between Law of the Republic of Indonesia Number 2 of 2014 (“UUJN-P”) and the aforementioned ministerial regulation in relation to the notarial authority over inheritance matters. This research adopts a normative legal research method employing statutory, conceptual, and analytical approaches. The study relies on primary and secondary legal materials collected through document study techniques and analyzed qualitatively. The findings reveal a normative disharmony between Article 17 paragraph (1) letter (a) of the UUJN-P and Article 111 paragraph (1) letter (c) of Permen ATR/BPN 16/2021. Applying the principle of lex superior derogate legi inferiori, the provisions of the UUJN-P prevail over the Permen ATR/BPN 16/2021 due to their higher position within the hierarchy of laws and regulations. Consequently, notaries remain authorized to execute deeds of inheritance rights within their legal legally prescribed territorial jurisdiction.

How to Cite This Article

Ni Putu Putri Karuni, I Wayan Novy Purwanto (2026). Normative Disharmony Regarding the Authority of Notaries to Draft Deeds of Inheritance Rights under Indonesian Positive Law . International Journal of Judicial Law (IJJL), 5(3), 179-185. DOI: https://doi.org/10.54660/IJJL.2026.5.3.179-185

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