AKIBAT HUKUM KUASA MUTLAK DALAM AKTA PENGIKATAN JUAL BELI DENGAN PEMBAYARAN PENUH ATAS OBJEK JUAL BELI

Abstract

The sale and purchase agreement is a legal breakthrough from the
complexity of fulfilling all the requirements related to the sale and purchase
before a notary public. Even though the contents have already regulated the sale
and purchase of land, the format is only limited to sale and purchase agreement,
namely a form of agreement which constitutes or can be said to be a preliminary
agreement. However, the contents of the sale and purchase agreement contain an
irrevocable power called absolute power, which has been regulated in the
Instruction of the Minister of Home Affairs Number 14 of 1982 concerning the
Prohibition of Using Absolute Power as Transfer of Rights to Land. The purpose
of this study was to determine the legal consequences of absolute power in the
sale and purchase agreement deed with full payment.
The type of research that the author uses in this research is normative
research, the writer uses this type of research on the level of synchronization, is
the extent to which the existing written positive laws are synchronous or
compatible with each other based on the applicable laws and prioritizing library
materials
. The conclusion of this research is that the use of irrevocable power of
attorney is intended to provide legal certainty to buyers who have paid in full the
object of sale and purchase according to the price stated in the sale and purchase
agreement deed and are not proxies prohibited by Instruction of the Minister of
Home Affairs No. 1982 concerning the Prohibition of Using Absolute Power as
Transfer of Rights to Land. So that the legal status is legal to do for the purpose of
protecting the interests of buyers who have paid for the object of sale and
purchase. Protection of the rights of the parties if one of the parties defaults in the
sale and purchase agreement, the protection is in accordance with the protection
of the authentic deed because the sale and purchase agreement deed made is a
notary deed drawn up by or before a notary public.
Key words: Deed - Sale and Purchase Agreement - Absolute Authority