scholarly journals Transition of Rights Ownership over Land Based on Absolute Power of Attorney (A Study of Civil Case Number 90/PDT.G/2013/PN.PDG)

2019 ◽  
Vol 6 (4) ◽  
pp. 1
Author(s):  
Aprina Wardhani ◽  
Ferdi Ferdi ◽  
Muhammad Hasbi
Keyword(s):  
Land Rights ◽  
Power Losses ◽  
Power Of Attorney ◽  
Legal Research ◽  
Judicial Process ◽  
Absolute Power ◽  
Ownership Rights ◽  
The City ◽  
Case Number ◽  
Legal Consequences

Based on Article 39 paragraph (1) letter d PP No. 24 of 1997 stated that "PPAT refused to make a deed if one of the parties or parties acted on the basis of an absolute power of attorney which essentially contained the legal act of transferring rights" .In case number  90 / PDT.G / 2013 / PN.PDG between Bahar and Henky Sutanto CS, Hj. Elly Satria, S.H, H. Hendri Final, S.H, and the Land Agency of the City of Padang. The problem occurred because the power deed number 67 dated February 17, 1996 which was categorized as absolute power was made as the basis for the transfer of certified land rights without being preceded by the PPJB or any agreement, even though the Principal Agreement and this power cannot be separated. The formulation of the problem discussed in this thesis is how the process of transferring land rights is based on absolute power, how the legal consequences of transferring land rights are based on absolute power and how the responsibility of Notary / PPAT in making deeds that use absolute power as the basis of transfer of rights .The research method used is normative legal research. Based on what was investigated, the process of transferring land rights based on absolute power was carried out based on the usual judicial process, namely because the mediation failed, followed by the reading of the lawsuit, the respondent's reply, replication and duplication, verification, and the verdict was partially granted.The legal consequences with the use of absolute power in the case of transfer of ownership rights to land in this case resulted in the absolute deed of power being null and void. Based on the theory of accountability, the author argues that PPAT is responsible for making sale and purchase deeds based on absolute power. Losses to the parties for negligence of the PPAT are borne by the Official who, because of the negligence, has caused a loss.

scholarly journals PENYALAHGUNAAN PEMBERIAN KUASA UNTUK MENJUAL DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) OLEH PENERIMA KUASA (CONTOH KASUS : PUTUSAN MAHKAMAH AGUNG NOMOR 1846/K/PDT/2017)

2019 ◽  
Vol 2 (1) ◽  
pp. 817
Author(s):  
Livia Cindy Ariella ◽  
Endang Pandamdari
Keyword(s):  
Research Methods ◽  
Legal Protection ◽  
Land Rights ◽  
Customary Law ◽  
Power Of Attorney ◽  
Legal Research ◽  
Absolute Power ◽  
Land Sale

A sale and purchase agreement is one of the most frequently made agreements. One of the most traded objects is land. According to customary law, land sale and purchase is a legal act of transferring land rights. The legal act of sale and purchase is carried out by a land deed official who has the authority to make a sale and purchase deed. Sometimes, the sale and purchase deed cannot be made because there are conditions that have not been fulfilled, so the parties first make a preliminary agreement called the binding sale and purchase agreement. Usually, the binding sale and purchase agreement is followed by power of attorney to sell. The formulation of the problem in this thesis is whether the inclusion of the power of attorney to sell is permissible, and if the recipient of the power of attorney misuses the power, what form of legal protection can be given to the authorizer. The author uses normative legal research methods that are supported by interviews to answer these problems. The inclusion of a power of attorney to sell within the binding sale and purchase agreement is permitted as long as it is not an absolute power that is prohibited by law. Legal protection that can be given to the authorizer is divided into two forms: preventive protection, a legal protection aimed at preventing the occurrence of disputes, and repressive protection, a protection that serves to resolve in the event of a dispute.

scholarly journals KEABSAHAN PENGGUNAAN KUASA MUTLAK DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) TANAH YANG DIBUAT OLEH NOTARIS

2018 ◽  
Vol 1 (2) ◽  
pp. 301
Author(s):  
Clara Vania ◽  
Gunawan Djajaputra
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Power Of Attorney ◽  
Land Registration ◽  
Absolute Power ◽  
Legal Consequences ◽  
Laws And Regulations

Absolute power of attorney is a power of attorney containing an irrevocable element by the authorizing party. Since the Instructions of the Minister of Home Affairs Number 14 Year 1982 concerning the Prohibition of Absolute Power of Attorney as the Transfer of Land Rights took effect on 6 March 1982 and Government Regulation Number 24 Year 1997 concerning Land Registration took effect on 8 July 1997, the use of absolute power of attorney has been banned. But in the practice, the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land is still found. This is what often causes conflict because the use of absolute power of attorney is considered contrary to the laws and regulations in Indonesia. The formulation of the problem in this thesis is how the validity of the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land made by a public notary and how the legal consequences of the Binding Sale and Purchase Agreement of Land that use absolute power of attorney. The results of the study showed that regarding the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land is legal and does not violate the laws and regulations. In addition, the legal consequences arising from the use of this absolute power of attorney in the Binding Sale and Purchase Agreement of Land are still recognized and remain valid and binding for the parties who have made them.

Absolute Power on Land Rights Binding Agreement (Study of Verdict No. 698K/Pdt/2017 and Number 483/Pdt.G/2013/PN.Bdg)

Authentica ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 18-40
Author(s):  
Rizal Aditya Nugraha
Keyword(s):  
Secondary Data ◽  
Land Rights ◽  
Power Of Attorney ◽  
Absolute Power ◽  
Legal Principles ◽  
The Absolute ◽  
Agreement Study ◽  
Legal Discovery ◽  
Case Number ◽  
Binding Agreement

In the sale and purchase of land rights transactions, before the parties make a sale as outlined in the form of a Purchase Deed made before the Land Deed Maker Officer, the parties first make an agreement made in the form of an authentic deed made before a notary called with the Sale and Purchase Agreement (PPJB). Binding Agreement of Purchase made by a notary is always followed by a power of attorney called absolute power of attorney. According to the Instruction of the Minister of Home Affairs No. 14 of 1982, the use of absolute power is prohibited from using it for the transfer of land rights. This study aims to analyze the validity of granting absolute power clauses in the Purchase Binding Agreement which is used as the basis for the transfer of land rights and analyzing the application of absolute power in the Land Purchase Binding Agreement for land rights, especially against Decision Number 698K / Pdt / 2017 and Number 483 / Pdt. G / 2013 / PN.Bdg. The research method used is normative juridical research by examining secondary data, supplemented by a legislative approach and a case approach. This type of research is Analytical Descriptive using legal inventory research, legal principles, legal discovery in concreto. Data analysis was performed using the Normative Qualitative analysis method. The results of this study indicate that: (1) The validity of the absolute power which is entered as a clause in the Binding Agreement of Purchase is valid. Purchase Binding Agreement as a preliminary agreement (Pactum De Contrahendo) which gave birth to the granting of absolute power clause is an inseparable unit of the Purchase Binding Agreement so that the granting of an absolute power clause in the Sale and Purchase Agreement is not included in the absolute power of attorney which is prohibited by applicable laws and regulations. (2) a. Decision Case Number 698K / Pdt / 2017, the granting of absolute power which is used as the basis for the transfer of land rights is invalid because the absolute power of attorney is not based on the principal agreement, thus contradicting the Instruction of the Minister of Home Affairs Number 14 of 1982. b. Decision Case Number 483 / Pdt.G / 2013 / PN.Bdg, the granting of absolute power which is used as the basis for the transfer of land rights is legal, because the absolute power of attorney is based on the principal agreement, so it does not conflict with the Minister of Home Affairs Instruction Number 14 of 1982. Keywords: Binding Agreement of Purchase; Absolute Power of Attorney; Instruction of the Minister of Home Affairs No. 14 of 1982.

scholarly journals Transfer of Land Rights Based on the Data Authorization of Selling in Terms of Authority Giver Died in Pekanbaru

2019 ◽  
Vol 6 (4) ◽  
pp. 561
Author(s):  
Harmen Syarif ◽  
Azmi Fendri ◽  
Delfiyanti Delfiyanti
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Land Rights ◽  
Civil Code ◽  
Power Of Attorney ◽  
The People ◽  
Specific Interests ◽  
The City ◽  
Legal Consequences ◽  
Laws And Regulations

The transfer of land rights that use the power of attorney to sell as the basis for making the sale and purchase deed by the Land Drafting Official at the Pekanbaru City National Land Agency Office is very much in the interest of the people in Pekanbaru, because in terms of time, procedures, and costs are very practical and efficient. According to the Civil Code, article 1795, the grantor of the power of attorney can be carried out specifically, namely regarding one or more specific interests, or in general, which includes all the interests of the Authorizer. Selling Power is an ability with substitution rights (rights that can be replaced) granted by the owner of the guarantee to the authorized recipient appointed by the owner of the guarantee, to sell to other parties or himself at prices and conditions that are considered both by the guarantee owner and the proxy. The implementation of the transfer of land rights has been regulated in Government Regulation Number 24 of 1997 concerning Land Registration.In practice in the field of the use of the transfer of land rights based on the selling power of attorney, there is no difference as to whether the deed of selling power is still valid or not applicable, because the Office of the National Land Agency in Pekanbaru City only provides conditions for a statement stating that the letter of the authorizer is still alive and the power of attorney deed has never been revoked, which was signed by the power of attorney. In article 1813 to article 1819 the Civil Code has regulated the method of the end of the granting of power. Based on the description above, it will be examined on how the position of the selling power of attorney in the transfer of land rights, how the process of transferring rights to land based on the power of attorney to sell in the event that the authority dies in Pekanbaru, and how the legal consequences of the transfer of land rights based on the power of attorney to sell in the case of the party giving the power of attorney died in Pekanbaru. This research method uses an empirical juridical approach which is a study carried out in terms of applicable laws and regulations and is associated with facts found in the field. The Deed of Sale Authority shall be used as the basis for the process of drafting the Deed of Purchase under the name and at the same time be used as a tool for registering the transfer of land rights at the City of Pekanbaru Land Office. The process of transferring land rights based on the selling power of attorney in the event that the authority dies in Pekanbaru cannot be transferred to the National Land Agency because it is null and void according to articles 1813, 1814, and 1816 Civil Code. As a result of the legal transfer of land rights based on the selling power of attorney where the party who passed away died in Pekanbaru is an act of self-destruction, if you want to continue the transfer of rights must be done first the process of inheritance to the heirs concerned.

scholarly journals Penggusuran Pedagang Kaki Lima Sebagai Perbuatan Melanggar Hukum

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Akmal Adicahya
Keyword(s):  
Land Rights ◽  
Collateralized Debt Obligations ◽  
Power Of Attorney ◽  
Charging Time ◽  
Promise Land ◽  
Collateralized Debt ◽  
Credit Agreement ◽  
The Right ◽  
Ownership Rights

Mortgage abolishment because the expiration of the Right of Exploitation (HGU) , Right of Building (HGB), and Right of Use burdened not cause the abolishment of collateralized debt obligations. Duration HGU, HGB and wear rights expire, then the mortgage that is charged against the land becomes clear. This additional agreement means clear. Instead principal agreement (credit agreement) is not necessarily to be clear, and move on. In this case resulted in the creditors are in a weak position because of unpaid debts, Mortgage over land as collateral to remove. This study discusses the normative legal efforts to do the lender to avoid the possible risk of the abolishment of land rights based on Law Number 42 Year 1996, which includes the manufacture of promise land extend rights in the imposition of mortgage deed, power of attorney making mortgage charging time HGB changes become ownership rights residential, Object insurance burden for advantage mortgage holder mortgage, debitor to request additional collateral

scholarly journals Improving The Object Of Fiduciary Guarantee According To Law Number 42 Of 1999 On Fiduciary Guarantee

2020 ◽  
Vol 2 (1) ◽  
pp. 30-39
Author(s):  
Ahmad Yani Kosali
Keyword(s):  
Human Rights ◽  
Secondary Data ◽  
Public Official ◽  
Legal Research ◽  
Object Based ◽  
Legal Consequence ◽  
The Subject ◽  
Ownership Rights ◽  
Legal Consequences

Fiduciary is the transfer of ownership rights of an object based on trust, where ownership right of the object is transferred remains under the control of the owner of the object. The subject of the research was how to bind the object of fiduciary guarantee according to Law Number 42 of 1999 on fiduciary? What are the consequences if the binding of fiduciary guarantee object is unfulfilled? This research was normative legal research which means that the objects are secondary data on library. The type of the research was descriptive. It can be concluded that the binding of fiduciary guarantee object according to Law Number 42 of 1999 on fiduciary guarantee is certificate of fiduciary guarantee as an evidence which is an authentic deed. It can be seen from the characteristics of certificate fiduciary guarantee, issued by an authorized official or public official who has authority for issuing certificate fiduciary guarantee in Fiduciary Registration Office under the supervision of the Ministry of Law and Human Rights. The consequences (the binding of fiduciary guarantee object is unfulfilled) are the default causes several legal consequences for debtors and creditors, especially for creditors who must loss. While for debtors, the legal consequence is the existence of a new status for which the debtor must responsible of. Fiduciary guarantee, mostly in form of movable objects, allows for a transfer of fiduciary guarantee; one example of the reason for the transfer is the debtor wants to transfer his credit to another creditor to seek for lower interest. Then, if a debtor has paid off the debt, it can cause the fiduciary guarantee to be canceled.

scholarly journals Notary Role In The Bonding Object To The Settlement Of Liability Rights In Banking Credit Loss (Case Study In Semarang)

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 777
Author(s):  
Arya Fathurahman ◽  
Amin Purnawan ◽  
Setyawati Setyawati
Keyword(s):  
Data Analysis ◽  
Third Parties ◽  
Legal Research ◽  
Binding Process ◽  
Banking Credit ◽  
The City ◽  
Bad Debt ◽  
Legal Consequences

The purpose of this study was to: 1) To Assess and analyze the role of the Notary in binding Collateral Object Encumbrance against Settlement Bad Debt in the city, 2) to Review and Analyze Effects, Barriers and Solutions in fastening places Encumbrance if not done before Notary , The method used in this study using a normative legal research legal research conducted by reviewing the materials are derived from legislation and other materials from a variety of literature.Based on the results of data analysis concluded that: 1) the importance of the role of the Notary that leads to Article 15 (1) UUHT determine that importance a strand Attorney Imposing Mortgage (SKMHT) shall be made by notarial deed or deed of PPAT. 2) The legal consequences for binding Binding Objects Encumbrance if not done in the presence of a Notary (1) agreements that do lose their authenticity as stated in Article 16 paragraph (8) UUJN, (2) the lender does not get a position that takes precedence (droit de preference), (3) in the event of default, the guarantee can not be directly executed, (4) proof of the deed made does not apply to third parties, so that the settlement be reached only through a settlement amicably, (5) affects the motivation of members financing to meet with a good performance. As for barriers and solutions if agreement encumbrance not done before Notary can be divided into three, namely: (1) prior to binding, associated with the filing requirements of the binding as of the identity of the parties, the object of the guarantee, and is authorized to act by the parties, (2) binding collateral, related to the change in attitude of the debtor and the binding process at the local BPN (3) after the binding, associated with the increase of SKMHT be APHT and roya against collateral.Keywords: Role of the Notary; Binding Objects Mortgage; Bad Debt.

scholarly journals AKIBAT HUKUM WANPRESTASI YANG DILAKUKAN OLEH PENERIMA WARALABA ES TEH POCI DI DENPASAR

2020 ◽  
Vol 8 (11) ◽  
pp. 1680
Author(s):  
Maria Cynthia Sesa Maryono ◽  
I Wayan Novy Purwanto
Keyword(s):  
Data Collection ◽  
Legal System ◽  
Scientific Paper ◽  
Legal Research ◽  
Cooperation Agreement ◽  
Data Collection Technique ◽  
The City ◽  
Legal Consequences

Tujuan Penulisan dari karya ilmiah ini untuk mengetahui bentuk perjanjian serta akibat hukum bagi pihak penerima waralaba jika melanggar perjanjian waralaba Es Teh Poci dikota Denpasar. Jenis penelitian yang digunakan dalam penulisan artikel ini adalah jenis penelitian hukum empiris. Teknik pengumpulan data yang digunakan dalam penulisan ini adalah dengan cara wawancara dan dilakukan pada orang - orang yang terlibat dalam praktik perjanjian waralaba Es Teh Poci. Hasil studi menunjukkan bahwa bentuk perjanjian waralaba Es Teh Poci dikota Denpasar Selatan merupakan bentuk perjanjian dibawah tangan, pada perjanjian ini mengatur ketentuan yang berlaku dalam menjalankan waralaba Es Teh Poci tetap dapat berjalan dengan baik didalam sistem hukum maupun segi penjualannya. Akibat yang terjadi apabila pihak penerima waralaba melakukan wanprestasi didalam suatu perjanjian waralaba Es Teh Poci di Kota Denpasar Selatan menjelaskan apabila pihak mitra melanggar ketentuan yang berlaku dari segi hak dan kewajiban, maka perjanjian yang telah disepakati dapat berakhir. Pihak pemberi waralaba akan membatalkan perjanjian kerjasama dan meminta pihak penerima waralaba untuk menghentikan penjualan produk pihak pemberi waralaba. The purpose of writing this scientific paper is to find out the form of the agreement and the legal consequences for the franchisee if it violates the Es Teh Poci franchise agreement in the city of Denpasar. This type of research used in writing this article is a type of empirical legal research. The data collection technique used in this writing is by means of interviews and is carried out on people who are involved in the practice of the Es Teh Poci franchise agreement. The form of the Es Teh Poci franchise agreement in the city of South Denpasar is a form of under-hand agreement, in this agreement the provisions that apply in running the Es Teh Poci franchise can still run well in the legal system and in terms of sales. The consequences that occur if the franchisee defaults in an Es Teh Poci franchise agreement in South Denpasar City explains that if the partner violates the applicable provisions in terms of rights and obligations, the agreement that has been agreed can end. The franchisor will cancel the cooperation agreement and ask the franchisor to stop selling the products of the franchisor.

scholarly journals LEGAL PROTECTION AGAINST SALE AND PURCHASE AGREEMENT OF BUILDING USE TITLE IN THE EVENT OF DEFAULT

2020 ◽  
Vol 9 (1) ◽  
pp. 14
Author(s):  
I Nyoman Gede Murdiana ◽  
A.A.A.N Sri Rahayu Gorda
Keyword(s):  
Legal Protection ◽  
Court Decision ◽  
Case Study Approach ◽  
Power Of Attorney ◽  
Legal Research ◽  
Absolute Power ◽  
Study Approach ◽  
Buy Back

An agreement will not always be able to run according to the agreement of the parties. Certain conditions can be found, such as, the occurrence of various things that result in an agreement cannot be implemented, namely the buy-back right by the seller which has been agreed upon and results in losses for the buyer and on a court decision that sentences the seller to carry out the agreement seven days after the verdict, but the implementation of the sale and purchase agreement has not yet been carried out. This paper examines the legal protection for the buyer against the sale and purchase agreement for building use rights in terms of default. This type of research is a normative juridical legal research applying a case study approach and statue approach. The preventive legal protection for the buyer, namely legal protection is by requesting for irrevocable power of attorney, referred to as absolute power of attorney. Meanwhile, repressive legal protection is legal protection after the occurrence of a dispute, namely based on the consideration of a judge's decision which can provide a sense of certainty and justice to the aggrieved buyer.   Suatu perjanjian tidak selamanya akan dapat berjalan sesuai dengan kesepakatan para pihak. Kondisi tertentu dapat ditemukan terjadinya berbagai hal yang berakibat suatu perjanjian tidak dilaksanakan yaitu dengan hak membeli kembali oleh penjual yang telah disepakati dan mengakibatkan kerugian bagi pihak pembeli dan atas putusan pengadilan yang menghukum pihak penjual untuk melaksanakan perjanjian tujuh hari setelah putusan, akan tetapi pelaksanaan perjanjian jual beli tersebut belum juga terlaksana. Jenis penelitian ini adalah penelitian hukum yuridis normatif dengan menggunakan pendekatan studi kasus dan pendekatan perundang-undangan. Perlindungan hukum secara preventif bagi pihak pembeli yaitu perlindungan hukum yaitu permintaaan pemberian kuasa yang tidak dapat ditarik kembali yang disebut surat kuasa mutlak. Sedangkan perlindungan hukum secara represif adalah perlindungan hukum setelah terjadinya sengketa yaitu berdasarkan pertimbangan putusan hakim yang bisa memberikan rasa kepastian dan keadilan terhadap pembeli yang dirugikan.

scholarly journals Jual Beli Tanah Dalam Hukum Tanah Atas Akta Perjanjian Pengikatan Jual Beli Bertingkat yang Dibuat oleh Notaris

Notaire ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 217
Author(s):  
Nailu Vina Amalia
Keyword(s):  
Land Use ◽  
Land Rights ◽  
Serial Number ◽  
Agrarian Law ◽  
Customary Land ◽  
Ownership Of Land ◽  
Ownership Rights ◽  
Land Use Rights ◽  
Legal Consequences

The deed of the purchase and sale agreement (PPJB). The deed of the sale and purchase agreement is a preliminary agreement prior to the sale and purchase of land. PPJB is used only once. If what is agreed in the PPJB has been fulfilled then the signing of the sale and purchase deed can be carried out, by signing the sale and purchase deed, the ownership of land rights has been transferred. There are still many people who think that when the PPJB is signed, there will be a transfer of land rights, even though the PPJB is not an evidence of a transfer of land rights. This thesis discusses graded PPJB or recurring PPJB made by a Notary on a plot of land based on ownership rights over land use rights of former customary land based on the quotation of the Decree of the Governor of East Java Region Serial Number I/Agr/117 XI/HM/01.G/1970 issued November 4, 1970, or uncertified land. Whether it contradicts the concept of buying and selling in agrarian law and the legal consequences of the PPAT who made the sale and purchase deed based on the graded PPJB.Keywords: Graded PPJB; Recurring PPJB: Proof of Prior Rights.Akta Perjanjian Pengikatan Jual Beli (akta PPJB). Akta PPJB merupakan perjanjian pendahuluan sebelum diadakannya jual beli tanah. Akta PPJB digunakan untuk sekali saja, namun prakteknya masih ditemukan Akta PPJB bertingkat. Masih banyak masyarakat yang menganggap apabila sudah ada akta PPJB sudah ada peralihan hak atas tanah, padahal akta PPJB bukan bukti adanya peralihan hak atas tanah. Akta Jual Beli (AJB) yang merupakan bukti adanya peralihan hak atas tanah. AJB dibuat apabila syarat-syarat yang ada dalam akta PPJB sudah terpenuhi. Dalam tesis ini membahas tentang akta PPJB bertingkat atau akta PPJB berulang yang dibuat oleh Notaris atas sebidang tanah berdasarkan Hak Milik atas tanah Hak Pakai bekas Gogolan tidak tetap berdasarkan Kutipan Surat Keputusan Gubernur Kepala Daerah Tingkat I Jawa Timur Nomor I/Agr/117/XI/HM/01.G/1970 tertanggal 4 Nopember tahun 1970 atau tanah yang belum bersertipikat apakah akta PPJB bertingkat tersebut bertentangan dengan konsep jual beli dalam hukum tanah dan akibat hukum dari Pejabat Pembuat Akta Tanah (PPAT) membuat AJB berdasarkan akta PPJB bertingkat.Kata Kunci: PPJB Bertingkat; PPJB Berulang; Bukti Hak Lama.

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