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 (Program Studi Hukum, Universitas Muhammadiyah Sidoarjo)
Sri Budi Purwaningsih (Program Studi Hukum, Universitas Muhammadiyah Sidoarjo)

Indonesian Journal of Law and Economics Review
Vol. 21 No. 1 (2026): February

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