The Role of a Notary in Preparing a Deed of Division of Inheritance Property (Aphw) Regarding the Registration of Transfer of Land Inheritance Rights

Abstract

This study discusses the role of Notaries in the preparation of Deeds of Distribution of Inheritance Assets (APHW) for the registration of the transfer of land inheritance rights. In practice, land inheritance issues often lead to conflicts between heirs due to limited legal understanding, strong oral culture, and minimal access to information. At this point, the role of Notaries becomes very important, not only as an official who makes deeds, but also as a party who provides legal understanding to the community. With the involvement of Notaries, the process of distribution of inheritance assets can take place more orderly, legally, and fairly, so that the potential for disputes can be minimized. The purpose of this study is to analyze the role of Notaries in the preparation of APHW as an important document in land inheritance, review the implementation of registration of inheritance rights transfer, and understand the position of APHW in supporting the smooth process in accordance with applicable legal provisions. The method used is empirical juridical, namely combining normative studies of laws and regulations with legal practices in the field. The research data includes primary data obtained from field studies and secondary data sourced from literature studies and statutory provisions. The research findings indicate that notaries play a strategic role in creating APHWs as valid legal evidence, providing legal certainty and protection for heirs. However, challenges include the lack of a uniform inheritance law system in Indonesia and the limited authority of notaries in several legal systems. Despite these challenges, the existence of APHWs has been shown to accelerate the registration process for land transfers, reduce the risk of disputes, and support the realization of legal certainty in accordance with the principles of good governance.