Yeni Dewi Anggraeni
Program Studi Hukum, Universitas Muhammadiyah Sidoarjo

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Alternative Transfer of Land Rights Due to Inheritance Through a Deed of Distribution of Inheritance Rights Reviewed from the Principle of Publicity: Alternatif Peralihan Hak atas Tanah karena Pewarisan Melalui Akta Pembagian Hak Waris Ditinjau pada Prinsip Publisitas Yeni Dewi Anggraeni; Sri Budi Purwaningsih
Indonesian Journal of Law and Economics Review Vol. 21 No. 1 (2026): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i1.1670

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