Rapid technological advancement has transformed the concept of wealth beyond traditional tangible assets such as land, buildings, and vehicles. Today, individuals increasingly own intangible assets in the form of digital assets, including social media accounts, cryptocurrency holdings, website domains, digital wallet balances, and digital works with significant economic value. This development is gradually reshaping various areas of law, particularly inheritance law.
However, Indonesian inheritance law remains largely rooted in conventional legal concepts that have not fully anticipated the complexity of digital assets. This raises important legal questions: Can digital assets be inherited? If so, what legal mechanisms apply?
Through this article, SIP Law Firm provides an overview of the legal aspects of digital inheritance and digital accounts in Indonesia, including the challenges and practical solutions available under the current legal framework.
Can Digital Assets Be Considered Part of an Estate?
Under the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata or “KUHPerdata”), the concept of property falls within the scope of “objects” or “assets” as regulated under Article 499, which provides:
“According to the law, property includes every object and every right that may become the object of ownership.”
This provision demonstrates that “property” is not limited to tangible objects, but also includes intangible rights. Accordingly, digital assets such as social media accounts, cryptocurrency assets, website domains, and copyrights over digital works may, in principle, qualify as part of a person’s estate.
In practice, digital assets often carry substantial economic value. For example, social media accounts with large audiences may generate income through endorsements and commercial partnerships, while digital works such as photographs, videos, or graphic designs protected by copyright may produce royalties. Conceptually, digital assets therefore meet the criteria to be treated as inheritable property.
Digital assets may be categorized as inheritance assets provided they fulfill ownership elements and possess economic value. This reflects the evolution of inheritance law toward a more adaptive framework capable of responding to social, cultural, and technological developments. Inheritance is no longer limited to physical assets alone but increasingly includes modern forms of digital property.
Nevertheless, despite this conceptual recognition, Indonesian laws and regulations have yet to provide comprehensive technical rules governing the inheritance of digital assets. As a result, the implementation of digital inheritance still faces various legal and practical challenges.
Key Challenges: Access and Privacy of Digital Accounts
One of the primary challenges in digital inheritance concerns access to digital assets. Unlike physical assets, which may be directly controlled by heirs, digital assets are typically protected by passwords, two-factor authentication systems, and encryption technologies.
Without lawful access credentials, heirs may be unable to manage or even identify the existence of such assets. In many cases, digital accounts become inaccessible following the owner’s death, rendering their economic value effectively unusable.
In addition, issues relating to privacy and personal data protection further complicate the matter. Digital service providers, including social media platforms and email providers, generally maintain strict policies regarding user confidentiality. Access is not automatically granted to third parties, including heirs, without extensive verification procedures.
According to publications from the Supreme Court of the Republic of Indonesia, disputes relating to digital inheritance frequently arise due to the absence of clear legal recognition concerning the status and transfer mechanisms of digital accounts. The issue becomes even more complex because many digital platforms operate under foreign jurisdictions and are subject to overseas legal systems.
There is also an ethical dilemma regarding whether all digital content should be accessible to heirs. Personal messages, emails, and sensitive documents may contain highly private information. In this regard, the law must carefully balance the rights of heirs against an individual’s right to privacy.
Legal Solutions: The Importance of Digital Estate Planning
To address these challenges, individuals should adopt a proactive approach through digital estate planning. One of the most relevant legal instruments under Indonesian law is a will, as regulated under Article 875 of the Indonesian Civil Code, which states:
“A will or testament is a deed containing a person’s statement regarding what he or she wishes to occur after death, which may be revoked during his or her lifetime.”
Through a will, an individual may explicitly designate who is entitled to manage or inherit digital assets, including the necessary access information. Such arrangements may significantly reduce the potential for disputes in the future.
Furthermore, with respect to digital works, Article 16 paragraph (2) letter (a) of Law Number 28 of 2014 concerning Copyright (“Copyright Law”) stipulates that:
“Copyright may be transferred or assigned, either wholly or partially, through inheritance.”
This provision provides a strong legal basis confirming that rights over digital works, particularly those with economic value, may be inherited by lawful heirs.
Beyond formal legal instruments, several practical measures may also be taken, including:
- Preparing a comprehensive inventory of digital assets and their economic value;
- Storing access credentials securely;
- Appointing a trusted “digital executor” to manage digital assets after death; and
- Utilizing digital platform features such as legacy contacts or account memorialization tools.
Several jurisdictions have already introduced specific regulations governing digital inheritance. For instance, the United States has adopted legal frameworks relating to electronic wills and digital assets, which may serve as a useful reference for Indonesia in developing a more comprehensive regulatory framework.
Going forward, harmonization between national laws and global technological developments will be essential to ensure that Indonesian inheritance law remains relevant and capable of providing legal certainty in the digital era.***
Regulations:
- Indonesian Civil Code (“Civil Code”).
- Law Number 28 of 2014 concerning Copyright (“Copyright Law”).
References:
- Duwalang, I. M. D. A. P. & Dewa Gede Pradnya Yustiawan, “Pengaturan Hak Waris Atas Aset Digital dalam Perspektif Asas Kepastian Hukum”, Jurnal Media Akademik (JMA), Vol. 3(10), 2025. (Accessed on 6 May 2026 at 11:17 AM (WIB)).
- Desti De Aprilia, dkk., “Perkembangan Hukum Waris dalam Sistem Hukum Perdata Indonesia: Analisis terhadap Pewarisan Digital dan Aset Digital”, INNOVATIVE: Journal Of Social Science Research, Vol. 5(4), 2025. (Accessed on 6 May 2026 at 1:20 PM WIB).
- Putri, Novi Riyana, “Kepastian Hukum Waris Aset Digital dalam Perspektif Hukum Islam dan Nasional”, Al-Zayn: Jurnal Ilmu Sosial & Hukum, Vol. 4(1), 2026. (Accessed on 6 May 2026 at 1:40 PM (WIB)).
- Sengketa Warisan Digital: Apakah Akun Medsos Bisa Diwariskan?. MARI News. (Accessed on 6 May 2026 at 1:47 PM (WIB)).
- Kendala Bagi Waris Akun/Aset Digital saat Pemilik Wafat. HukumOnline. (Accessed on 6 May 2026 at 2:10 PM (WIB)).