Abstract
General Background: Land rights transfer due to inheritance requires legal certainty and proper registration to establish the legal status of land rights. Specific Background: The Inheritance Rights Distribution Deed (Akta Pembagian Hak Waris/APHW) is recognized as a document in inheritance-based land registration, but its position as a direct basis for land rights transfer remains subject to different interpretations. Knowledge Gap: Previous studies have discussed the validity and registration of APHW, while differences in its practical implementation between Land Offices remain an important issue. Aims: This study analyzes the legal position of APHW as an alternative mechanism for inheritance-based land rights transfer from the perspective of the publicity principle and examines its implementation at the Land Offices of Sidoarjo Regency and Pasuruan Regency. Results: Using normative legal research with a statutory approach, supported by interviews, the study finds that APHW may serve as a basis for inheritance-based land rights transfer when all heirs have agreed on the distribution and the change is registered. The Land Office of Sidoarjo Regency accepts APHW as a direct basis for transfer, whereas the Land Office of Pasuruan Regency requires inheritance registration followed by a Deed of Joint Rights Distribution (APHB). Novelty: The study connects the normative position of APHW with differences in legal interpretation and administrative implementation between two Land Offices. Implications: Clearer regulatory harmonization and technical guidelines are needed to establish legal certainty and uniformity in inheritance-based land registration.
Kye Finding Highlights
APHW Is Recognized As A Document For Inheritance-Based Land Registration.
Sidoarjo And Pasuruan Apply Different Interpretations To APHW.
Regulatory Harmonization Is Needed For Uniform Land Registration Practices.
Keywords : Inheritance Rights Distribution Deed, Land Rights Transfer, Publicity Principle, Land Registration, Legal Certainty