Jurnal Smart Hukum (JSH)
Vol. 5 No. 2 (2027): October-January

Regulation Of Notarial Authority in the Transfer of Copyright Through Inheritance

Pande Galih Gita Gayatri (Magister Kenotariatan, Falkutas Pascasarjana, Universitas Warmadewa, Denpasar, Indonesia)
Putu Ayu Sriasih Wesna (Magister Kenotariatan, Falkutas Pascasarjana, Universitas Warmadewa, Denpasar, Indonesia)
I.B Gede Agustya Mahaputra (Magister Kenotariatan, Falkutas Pascasarjana, Universitas Warmadewa, Denpasar, Indonesia)



Article Info

Publish Date
19 Jul 2026

Abstract

The regulation of notarial authority in the transfer of copyright through inheritance is a crucial issue in Indonesian civil law because copyright has become an intangible economic asset capable of generating royalties and other commercial benefits for heirs. This study analyzes the legal certainty of copyright transfer through inheritance and the appropriate forms of notarial deeds needed to document such transfer. The research applies normative legal research using statutory and conceptual approaches, with primary legal materials consisting of the Indonesian Civil Code, the Copyright Law, and the Notary Office Law. The findings indicate that copyright, particularly its economic rights, transfers by operation of law after the creator dies; however, authentic notarial deeds remain necessary to clarify heirship, identify the inherited copyright object, regulate economic-right management, and support administrative recording at the Directorate General of Intellectual Property. The notary does not determine heir status judicially but provides preventive legal protection through authentic deeds such as deeds of heirship statement, deeds of inheritance distribution, deeds of economic-right management, and deeds of transfer of economic rights. The article concludes that a more explicit technical regulation is required to harmonize copyright, inheritance, and notarial law

Copyrights © 2027






Journal Info

Abbrev

jsh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Smart Hukum (JSH) E-ISSN. 2961-841X is a Legal science journal issued by Inovasi Pratama Internasional. Ltd. The Editorial Board only accepts research and discussion in the field of law which is already in the form of journal articles to be considered for publication. The focus of this ...