Tinjauan Yuridis Kedudukan Kuasa Mutlak Dalam Peralihan Hak Atas Tanah Oleh Notaris PPAT Wilayah Hukum Kota Pekanbaru

Nofriza, Bonny (2020) Tinjauan Yuridis Kedudukan Kuasa Mutlak Dalam Peralihan Hak Atas Tanah Oleh Notaris PPAT Wilayah Hukum Kota Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Transfer of rights, where the case has explained that there has been a transfer of rights over land, due to the absolute power of ownership of the land, namely the Defendant to the Defendant to sell the land to another party. So with the absolute power of the owner of the land, the land is made before a notary public, to be sold to other parties. But after a long time, the land was taken over by the power recipient, by taking over the entire land. Based on the above background, the problem that will be answered in this first thesis research is about the position of the absolute power of attorney in the transfer of land rights by the notary ppat kota legal area in the city of case number 83 / Pdt.G / 2013 / PN.PBR and deviations that happened to the Absolute Authority after the issuance of the Minister of Home Affairs Instruction Number 14 of 1982. This type of research is Empirical Normative Law, which means the merging of normative legal approaches with the addition of various empirical / sociological elements. Meanwhile, if seen from its nature, this research is descriptive in nature, research that explains in clear and detailed sentence form. Legal Position of Absolute Power of attorney in the transfer of Land Rights by Notary PPAT in the legal area of Pekanbaru City in Case Number 83 / Pdt.G / 2013 / PN.PBR that based on the Instruction of the Minister of Home Affairs Number 14 of 1982 states that absolute power is the power contained therein the element cannot be withdrawn by the power of attorney and also gives the authority to the power of attorney to control and use his land and perform all legal actions which according to the law can be carried out by the right holder. However, this absolute power of attorney is prohibited from being used in the process of transferring rights to land or buying and selling land which aims to avoid misuse of laws governing the granting of power by carrying out the transfer of land rights in disguise using the form of absolute power while deviations that occur on the Absolute Proxy after the issuance of a Ministerial Instruction In the Republic of Indonesia Number 14 of 1982 that since the issuance of the Minister of Home Affairs Instruction Number 14 of 1982 concerning the Prohibition of the Use of Absolute Power as a Transfer of Land Rights, the use of an absolute power of attorney to sell land rights has been prohibited through the Minister of Home Affairs Instruction No. 14/1982. The existence of this absolute power of attorney seems to be used as a basis for the transfer of rights to land that should be attached to the right holder to be irrevocably transferred to the recipient of the absolute power of attorney. Therefore the reason for withdrawal by the power of attorney in any way, or if the power of attorney dies, cannot end the granting of the power of attorney. Stranger still if the recipient of his own power later dies and can no longer exercise the powers given to him

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