Efektivitas dan Penerapan Kuasa dalam Akta Pengikatan/Perjanjian Jual Beli Atas Objek Tanah serta Keterkaitannya dengan Akta Kuasa Jual

Main Author: Santoso, Herry
Other Authors: Yamin, Muhammad, Bustami, Chairani, Devi A, T. Keizerina
Format: Masters
Bahasa: ind
Subjects:
Online Access: http://repository.usu.ac.id/handle/123456789/35336
Daftar Isi:
  • In this research, the researcher analyzes the following problems: 1 How far is the effectiveness of giving an authority found in a deed of sales agreement); 2 how far is the correlation between giving an authority in the deed of sales agreement and the deed of giving the authority to sell; and, 3 whether the authority given to perform legal action to endorsee is always for the sake of the endorser. The research is descriptive analytic with judicial sociological approach. The data are analyzed by using qualitative method. The results of the research show that 1. The authority found in the deed of sales agreement is very effective because, based on the authority found in the deed of sales agreement, the buyer can come to PPATK (official empowered to draw up land deeds) and sign an AJB (Sales Agreement), either as the seller or as the buyer; 2. The correlation between giving the authority found in the deed of sales agreement and the deed of giving the authority to sell is that the authority in the deed of sales agreement is an absolute authority justified by law, can be used only by the buyer (endorsee), and cannot be transferred to another party; a new Power of Attorney to Sell will be issued after the principal agreement has been made; that is, the deed will be separated from the deed of sales agreement; and 3. The authority given to do legal action to the endorsee is not always for the sake of the endorser. This can occur when the buyer’s responsibility to pay the land has been settled. In this case, the buyer has paid off the land. If he does not pay off the land, the deed of sales agreement will be made without the Power of Attorney to Sell; if this occurred, the seller will suffer losses since the buyer does not pay off the land.
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