The Role of Notaries, PPAT, and Religious Courts: When Do You Need to Go Where?

When someone passes away, the family usually faces two things at once: grief, and a series of administrative matters. This is where three names often come up: the Religious Court, notary, and PPAT. They do not replace one another. Each has a different authority, and knowing where to go first can save time and reduce the potential for misunderstandings among heirs.

This article is general information, not legal advice. Practice in the field may differ between regions, so get into the habit of asking the institution that will receive your documents for its list of requirements directly.

Three institutions, three different roles

Institution	What it does	When you come
Religious Court	Determines heirs for Muslim families, resolves inheritance disputes, and decides matters requiring a judge's determination	When a bank, land office, or notary requests a determination; or when there is a dispute
Notary	Draws up deeds: certificate of inheritance for non-Muslim families, power of attorney deeds, agreement deeds, sale and purchase deeds of inheritance shares	When you need a deed that provides certainty of date and signature
PPAT	Draws up the deed of division of joint rights (APHB) and deeds of transfer of land rights	When inherited land or buildings are to be divided or transferred

It should be noted: for Muslim families, a certificate of heirs is generally obtained through a Religious Court determination, or through the village head/kelurahan head for simple cases. A notary typically issues a certificate of inheritance for non-Muslim families. Because document acceptance may differ between institutions, ask first before ordering any deed.

Religious Court: determination of heirs and dispute resolution

For Muslim families in Indonesia, the Religious Court is the main reference. There are two routes commonly taken. First, a petition for determination of heirs filed without an opposing party, usually to obtain an official letter stating who the heirs are and how much each share is. This document is often requested by banks, land offices, or notaries before the next process is carried out.

Second, an inheritance lawsuit when the family does not agree. In this route the judge will encourage reconciliation first; many cases are resolved by a peace agreement set out in a peace deed. If it continues, the panel examines the evidence and calculates the shares in accordance with the Qur'an surah An-Nisa verses 11, 12, and 176 as well as KHI Book II. In cases like this, the panel may also consider substitute heirs as stipulated in Article 185 of the KHI.

Remember that status as an heir requires the deceased and the heir to be Muslim (Article 171 of the KHI). The impediments to inheriting under Article 173 are limited only to certain matters, for example being proven to have killed or seriously abused the deceased, not merely an ordinary dispute.

Notary: a deed that makes agreements safer

A notary is not tasked with calculating faraid for you. The task is to set out an agreement that is already clear in a deed, so that certainty of date, identity, and signatures of the parties is maintained. Deeds often drawn up include power of attorney deeds for heirs abroad, deeds of statement or agreement on division for movable assets such as savings and vehicles, peace deeds, and sale and purchase deeds when some heirs buy the shares of other heirs.

Therefore, the family should preferably come to the notary with an agreed calculation. If necessary, request a determination or certificate of heirs first so that the notary has a strong basis for drafting the deed.

PPAT: when land and buildings must be divided or transferred

Land matters have their own route. If the heirs agree to divide inherited land into their respective shares, an APHB is made by the PPAT, then registered with the land office for transfer of rights. If the land remains jointly owned without being split, the transfer due to inheritance can be registered directly with inheritance documents without an APHB. The requirements of each land office may differ slightly, so ask for the list of requirements at the outset to avoid back-and-forth.

Practical flow from death certificate to title transfer

Obtain the death certificate and the family's population documents.
List all the deceased's assets and debts in writing.
Determine the heirs through the Religious Court, or the village head/kelurahan head if indeed accepted by the relevant institution.
Calculate the shares in accordance with An-Nisa 4:11, 4:12, 4:176 and the KHI, then deliberate together.
Make the necessary deeds: a notary for movable assets and powers of attorney, a PPAT for land to be divided.
Proceed to transfer the certificate title, disburse savings, or transfer vehicles.
If deliberation reaches a dead end, submit the resolution through the Religious Court.

Brief example

Mr. Salman passed away leaving a wife, one son, and one daughter. His assets: a house and savings. The wife's share is 1/8 (3/24). The remainder 7/8 (21/24) is divided in a 2:1 ratio, so the son receives 14/24 and the daughter 7/24. The total is exactly 24/24.

The steps: the family submits a petition for determination of heirs to the Religious Court, then opens the savings at the bank with that document. For the house, the PPAT makes an APHB so that each heir's share is clearly recorded on the certificate.

Next steps

Appoint one process companion, for example a notary or PPAT, so that documents do not overlap.
Prepare the core documents first: death certificate, family card, marriage certificate, and proof of asset ownership.
Record every agreement in writing and sign it together, even if the division is done amicably.
Do not delay too long; asset values and family conditions keep changing.

If you want an initial picture before meeting the official parties, IndoWaris can help map the family tree and calculate inheritance shares in accordance with the KHI, so that the family deliberation starts from the same numbers.