KUASA MUTLAK DALAM PERALIHAN HAK ATAS TANAH MELALUI NOTARIS / PPAT DI KABUPATEN PASAMAN BARAT
| Main Authors: | , Chaidir T Karim, , Prof. DR. Nurhasan Ismail, SH.,M.Si. |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/91194/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=52819 |
Daftar Isi:
- In respect of legal actions to divert some land rights must be conducted in the presence of a Notary Public or Officials Land Certificate Maker (PPAT) to obtain a valid proof strength and made with authentic documents. Especially for a certified land sale and purchase or transfer of rights is done before the official maker of Land Act, but there are times when the implementation of buying and selling is done before a notary, who called the Agreement for the Sa le and Purchase / Sale and Purchase Commitments. Purchase agreement which was followed by absolute power is a common preliminary agreement in practice Notary. Therefore the purchase agreement is executed with absolute power began selling itself before purchasing PPAT. Based on the above description, will be investigated as to why absolute power as a follow up from a preliminary agreement on transfer of land rights can still be applied and how the juridical position of absolute power in the transfer of land rights, made before Notary / PPAT and how the legal protection of the parties who have made the transition of land rights by means of absolute power. This research is a sociological law studies by taking the facts that exist in a society with regard to the rule of law, legal research that there is a connection with the enforcement of the law against absolute power in the implementation of the transfer of land rights. From these results, it can be concluded that the position of absolute power in the purchase agreement is still frequently used in the community. Absolute power should be used is the absolute authority in accordance with the contents of the Directorate-General for Agrarian Number 594/1492/AGR March 31, 1982. In practice often found Deed Purchase Agreement did not use the clause can not be revoked, resulting in power has become not absolute. In the case of the use of absolute power in the purchase agreement specifically intended for the benefit of the buyer. This absolute power was reinstated because there are bottlenecks in processing letters of land since the issuance of the Minister of Home Affairs Directive No. 14 of 1982, which then issued back Letter of the Director General of Agraria No. 594/1492/AGR to launch it. Legal protection for the sellers of the land transferred by the power is absolutely necessary if the purchaser bought the object / the land is not by way of cash. From these conclusions, it is recommended that deed did not simply serve the request of the parties to make a sale and purchase agreement which accompanied with absolute power, and to be more careful in the use of absolute power so that absolute power used is the absolute power of the right in accordance with IMDN No.14/1982 and SDJA No. 594/1492/AGR. It is recommended, to be given counseling to the Notary/ PPAT a more accurate picture of this absolute power by the government.