Will – Things to Note
Article 875 of the Indonesian Civil Code defines a will (surat wasiat) as a written declaration of a person’s intention regarding matters to take effect after their death, which may be revoked. A will must be made in writing and can be in the form of: (i) a holographic will (handwritten by the testator), (ii) a public deed (akta umum) or (iii) a secret/closed deed (akta rahasia/tertutup) – all of which require a notary’s involvement to duly record the will.
The implementation of wills is further regulated under Regulation of the Ministry of Law. Most recently Regulation No. 16 of 2025 on the Reporting of Wills and Application for the Issuance of Certificate of Will (“Permenkum No. 16/2025“) was issued, replacing Regulation No. 60 of 2016.
At a Glance
Permenkum No. 16/2025 governs the roles and responsibilities of the following parties: (i) Notaries – required to report all wills (or their absence) to the Central Register of Wills (Pusat Daftar Wasiat) under the Directorate General of General Legal Administration (Ditjen AHU), (ii) Heirs and other interested parties – entitled to request the issuance, copy, or correction of a Certificate of Will, and (iii) The Central Register of Wills – responsible for examining, recording, and issuing the Certificate of Will.
It further outlines five services being: (i) Reporting of wills, (ii) Correction of will reports, (iii) Issuance of Certificate of Will – indicating whether a will is recorded (tercatat) or not recorded (tidak tercatat), (iv) Issuance of a replacement copy – for lost or damaged Certificate of Will, and (v) Correction of issued certificates – in case of errors. These services are carried out electronically via the Ditjen AHU platform, except for the correction of will reports and correction of Certificate of Will which must be handled manually (non-electronically).
The required timings in respect of the services are: (i) Reporting of will: must be submitted by notaries within five calendar days of the first week of the following month, (ii) Application for Certificate of Will: can only be submitted 36 days or more after the testator’s death, (iii) Application for a replacement certificate: can be made in cases of lost or damaged original certificates, (iv) Correction of Certificate of Wills: can be requested to correct errors made by the Central Register of Wills, and (v) Correction of will report: can be filed to correct errors in the testator’s identity or deed information.
Reporting Obligations
Under current regulation, notaries are required to submit a monthly report on wills. This must include either: (i) a List of Deeds (Daftar Akta) or (ii) a Nil Report (Daftar Nihil) when no wills are made in the reporting period. These reports must be filed electronically, however manual submission is allowed under specific circumstances, including force majeure situations, a notary nearing retirement, relocation or in the event of the notary’s death.
For wills made by Indonesian citizen overseas, the testator or their authorized representative must report the will to the Central Register of Wills via a notary in Indonesia. Before doing so, the will must first be legalized by an Indonesian diplomatic or consular office. Subsequently the Indonesian notary will then prepare a safekeeping deed (akta van depot) and report it accordingly.
Conclusion
Compared to its predecessor, Permenkum No. 16/2025 introduces additional administrative services, notably mechanisms for corrections and reissuance of Certificates of Will. These enhancements provide clearer procedures for addressing errors or lost documents, improving legal certainty for heirs and other parties involved in the estate process.
*Shabrina Hanifa (Associate) assisted in the preparation of this insight
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