Kisanda Midisen's Doctoral Promotion Exam, Digital Property Inheritance in the Perspective of Inheritance Law in Indonesia
Auditorium of Prof. Dr. Suwito, MA SPs UIN Jakarta, SPs NEWS: The Graduate School of Syarif Hidayatullah State Islamic University Jakarta held the 1635th Doctoral Promotion Exam in the Auditorium Room of Prof. Dr. Suwito, MA SPs UIN Jakarta, on Wednesday, July 30, 2025 with promovendus Kisanda Midisen.
Kisanda Midisen is a student of the Islamic Studies doctoral study program with a concentration in Sharia. KIsanda wrote a dissertation entitled "Digital Property Inheritance in the Perspective of Inheritance Law in Indonesia"
This research highlights the complexity and urgency of regulating digital assets as an object of inheritance in the modern era.
Kisanda's dissertation has three main objectives. First, analyzing the legal status of digital assets as an object of inheritance in Indonesia. Second, identify challenges and obstacles in the process of transferring rights to digital assets. And third, formulating legal solutions and effective digital inheritance policy implementation strategies in Indonesia. This research is expected to provide a comprehensive guide for policymakers and legal practitioners in dealing with the digital legacy era.
In carrying out his research, Kisanda uses a normative legal research approach, a crucial method for analyzing legal rules related to digital inheritance. The main sources of this research include the Civil Code, the ITE Law, the PDP Law, the Compilation of Islamic Law (KHI), and the MUI fatwa. He also applies various other approaches, such as a legislative approach to analyze regulatory aspects, a conceptual approach to understand related principles and principles, a case approach to look at implementation in court, and a comparative approach to analyze regulations in Indonesia and other countries.
The results of Kisanda Midisen's research revealed that the legal status of digital assets as an object of inheritance can be analogous to the concept of intangible assets in the Civil Code. In fact, this is similar to heritage (tirkah) in KHI, as well as māl mutaqawwim (shari'i valuable property) according to Islamic jurisprudence. Interestingly, the MUI Fatwa expressly recognizes digital assets as a commodity that can be transferred as long as they meet sharia principles, providing a strong foundation for the recognition of digital assets in Islamic inheritance law in Indonesia.
However, the diversion of digital assets does not come without challenges. This research highlights several crucial obstacles, such as the unclear regulation of digital inheritance in Indonesia, the complexity of ownership verification mechanisms, potential legal conflicts between the ITE Law, the PDP Law, and conventional inheritance provisions, as well as the risk of losing access due to digital platform policies that are not aligned with national law. This shows how urgent the need for a clear and comprehensive legal framework is.
Kisanda not only identifies problems, but also offers concrete solutions. Some of them are the implementation of legacy contact as a mechanism for determining heirs digitally, strengthening the legality of electronic wills through notary verification or blockchain technology, and integrating sharia fintech principles in digital inheritance distribution schemes. These solutions reflect innovative thinking that combines traditional legal aspects with modern technology.
This study recommends strengthening regulations and specific legal umbrellas that govern digital heritage specifically. Other important recommendations include multi-stakeholder collaboration, harmonization between legal units to avoid regulatory overlap, cooperation with digital service providers, integration of fiduciary principles and blockchain-based verification to ensure justice, and socialization of digital inheritance literacy for the public and legal practitioners.
Kisanda Midisen successfully defended his dissertation under the guidance of Prof. Dr. H. Abd. Rahman, MA, Prof. Dr. Djawahir Hejazziey, SH, MA, MH and Dr. Maskufa, MA, and tested in front of a board of examiners consisting of Prof. Dr. Zulkifli, MA, Prof. Dr. H. Abd. Rahman, MA, Prof. Dr. Djawahir Hejazziey, SH, MA, MH, Dr. Maskufa, MA, Prof. Dr. Asmawi, M.Ag, Prof. Dr. Kamarusdiana, MH and Prof. Dr. Khamami Zada, MA.
After paying attention to the dissertation writing, the comments of the examiner team and the answers of the promovendus, the examiner team determined that Kisanda Midisen graduated with the title of Very Satisfactory. Kisanda Midisen is the 1635th Doctor in the field of Islamic Studies, in the doctoral program of the Graduate School of UIN Syarif Hidayatullah Jakarta. (JA)