Pelaksanaan Wasiat sebagai Surat Tanda Bukti sebagai Ahli Waris dalam Peralihan Hak Atas Tanah

This research aims to analyze the use of will as a document serving as documentary evidence of heirship in the transfer of land right. Although there are significant functional differences, research examining the existence of a will as a document proving one’s status as an heir remains limited. The provisions of Article 111 paragraph (1) letter c of Permen ATR/Kepala BPN No. 16 of 2021 state that proof of inheritance can be in the form of a will from the deceased. However, wills and certificates of inheritance have different functions. This study examines the validity of a will as a documentary evidence of heirship in the transfer of land rights and analyzes related cases. The research method used is legal research utilizing statuary and conceptual approach. The results show that a will cannot replace a documentary evidence of heirship must exist in the transfer of land rights registration due to inheritance. The existence of a will does not invalidate a documentary evidence of heirship; however, the will may be included in the documentary evidence of heirship used for the registration of the transfer of land rights. The recommendation arising from this study is that legislators should not equate a will with a documentary evidence of heirship, as provided for in Article 111(1)(c) of Permen ATR/Kepala BPN No. 16 of 2021. Furthermore, legal guidance is required regarding the requirements that applicants must fulfil when transferring land rights by way of inheritance, in order to avoid confusion regarding the use of wills and certificates of inheritance