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.

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.

JUAL BELI TANAH YANG DILAKUKAN TANPA AKTA PPAT

2018 ◽  
Vol 4 (1) ◽  
pp. 89-107
Author(s):  
Cheri Bayuni Budjang
Keyword(s):  
Everyday Life ◽  
Government Regulation ◽  
Land Rights ◽  
The Other ◽  
Legal Certainty ◽  
Land Registration ◽  
The Future ◽  
The Right ◽  
Laws And Regulations

Buying and selling is a way to transfer land rights according to the provisions in Article 37 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration which must include the deed of the Land Deed Making Official to register the right of land rights (behind the name) to the Land Office to create legal certainty and minimize the risks that occur in the future. However, in everyday life there is still a lot of buying and selling land that is not based on the laws and regulations that apply, namely only by using receipts and trust in each other. This is certainly very detrimental to both parties in the transfer of rights (behind the name), especially if the other party is not known to exist like the Case in Decision Number 42 / Pdt.G / 2010 / PN.Mtp

scholarly journals The Strength of Evidence (Certificate) in Land Rights Disputes According to Government Regulation No. 24 of 1997 Concerning Land Registration

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Gabriella Talenta Sekotibo
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
Land Rights ◽  
Good Faith ◽  
Legal Certainty ◽  
Land Registration ◽  
Strength Of Evidence ◽  
Legal Standing ◽  
Legal Consequences

The purpose of this study is to provide legal certainty and to resolve disputes over land rights ownership for buyers who are acting in good faith when purchasing and selling inheritance. The research method is normative juridical, employing both a statutory and case-based approach. According to the study's findings, buyers with good intentions receive legal protection in the form of compensation. However, when parties with bad intentions violate Article 1267 of the Civil Code, the legal consequences of buying and selling inherited land are null and void, as they contain elements of fraud, oversight, and ignorance. additional heirs. Keeping in mind that the property being traded is inheritance land that already possesses permanent legal standing and cannot be traded without the approval of other heirs.Keywords: Legal Protection; Good Faith Buyers; and Inheritance Land.

scholarly journals Akibat Hukum Ketentuan Pasal 33 Peraturan Menteri Agraria dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 6 Tahun 2018

2021 ◽  
Vol 6 (1) ◽  
pp. 220
Author(s):  
Bambang Tri Wahyudi ◽  
Rachmad Safa’at
Keyword(s):  
Supreme Court ◽  
Spatial Planning ◽  
Income Tax ◽  
Government Regulation ◽  
Land Rights ◽  
Land Registration ◽  
The Supreme Court ◽  
The Right ◽  
Legal Consequences ◽  
Legal Force

This study aimed to analyze the legal force, legal conflicts, and legal consequences of the provisions of Article 33 of the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 and the formulation that was appropriate with the regulations of the payment procedures for income tax (PPh) and acquisition duty of right on land and building (BPHTB). This study used a normative juridical method with a conceptual and statute approach. Based on academic juridical perspective, article 33 Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 6 of 2018 had weak legal force, while from a formal juridical perspective the regulation remained valid before a decision to cancel its application from the Supreme Court. The provisions of Article 33 of the Regulation of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 6 of 2018 contradicted the provisions of Articles 3 and 7 of Government Regulation Number 34 of 2018 and Articles 90 and 91 of Law Number 28 of 2009. It caused legal consequences i.e. legal uncertainty, legal injustice, and did not fulfill the legal force of land rights certificates as a strong means of proof. The formulation of the right regulation regarding the procedure for paying income tax and fees for acquiring land and building rights was carried out by establishing and stipulating a ministerial regulation as a normative guideline for a complete systematic land registration program.

scholarly journals Legal Liability For Losses Of Third Parties In The Agreement To Transfer Property Rights With An Absolute Power Of Attorney

2021 ◽  
Vol 21 (2) ◽  
Author(s):  
Finni Rahmawati
Keyword(s):  
Government Regulation ◽  
Legal Liability ◽  
Third Parties ◽  
Third Party ◽  
Legal Responsibility ◽  
Power Of Attorney ◽  
Transfer Property ◽  
Land Registration ◽  
Absolute Power ◽  
Notary Public

Abstract: An agreement to transfer title to land based on absolute power is prohibited by law. The prohibition of absolute power is regulated in Instruction of the Minister of Home Affairs number 14 of 1982 concerning the Prohibition of Using Absolute Power for Transfer of Rights to Land, and Government Regulation No. 24 of 1997 Article 39 paragraph (1) letter d concerning land registration. However, the reality is that there is still a land sale and purchase agreement using an absolute power of attorney, causing losses to other parties. The problem is how is the legal responsibility of the seller and the notary against the loss of a third party due to the use of absolute power of attorney in the agreement to transfer title to land. This study aims to determine the legal liability of the seller and the notary against the losses of third parties due to the use of absolute power of attorney in the agreement to transfer ownership of land rights. The method used in this study is a normative juridical method using a statuate approach and case approach. The Study found that the seller's responsibility was based on Article 1365 of the Civil Code, namely by providing compensation for the value of the sale value of the land minus the owner's debt without involving a third party with good faith. And the accountability of the notary is contained in Law Number 30 of 2014 Article 84 concerning the Position of Notary Public and Government Regulation Number 24 of 1997 Article 62 concerning Land Registration which explains the sanctions for notaries. In this case it relates to the loss of a third party in good faith.Keywords: Absolute Power, CompensationAbstrak: Perjanjian pengalihan hak milik atas tanah yang didasarkan pada kuasa mutlak merupakan sesuatu yang dilarang oleh hukum. Pelarangan kuasa mutlak diatur dalam Instruksi Menteri Dalam Negeri nomor 14 Tahun 1982 tentang Larangan Penggunaan Kuasa Mutlak Sebagai Pemindahan Hak Atas Tanah, dan Peraturan Pemerintah No. 24 Tahun 1997 Pasal 39 ayat (1) huruf d tentang pendaftaran tanah. Namun realitas yang terjadi masih terdapatnya suatu perjanjian jual beli tanah menggunakan surat kuasa mutlak sehingga menyebabkan kerugian bagi pihak lain. Permasalahannya adalah bagaimanakah pertanggungjawaban hukum pihak penjual dan notaris terhadap kerugian pihak ketiga akibat penggunaan surat kuasa mutlak dalam perjanjian pengalihan hak milik atas tanah. Penelitian ini bertujuan untuk mengetahui pertanggungjawaban hukum pihak penjual dan notaris terhadap kerugian pihak ketiga akibat penggunaan surat kuasa mutlak dalam perjanjian pengalihan hak milik atas tanah. Metode yang digunakan dalam penelitian ini yaitu metode yuridis normatif dengan menggunakan pendekatan perundang-undangan dan pendekatan kasus. Hasil penelitian ditemukan bahwa pertanggungjawaban pihak penjual yakni berdasarkan Pasal 1365 KUHPerdata yaitu  dengan memberikan ganti kerugian seharga nilai penjualan tanah dikurangi hutang pemilik tanpa melibatkan pihak ketiga yang beritikad baik. dan pertanggungjawaban pihak notaris yaitu terdapat dalam UU Nomor 30 Tahun 2014 Pasal 84 tentang Jabatan Notaris dan Peraturan Pemerintah Nomor 24 Tahun 1997 Pasal 62 tentang Pendaftaran Tanah yang menjelaskan sanksi bagi notaris. Dalam hal ini berhubungan dengan kerugian pihak ketiga yang beritikad baik.Kata Kunci: Kuasa Mutlak, Ganti Kerugian

SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN ATAS TANAH NEGARA (STUDI KASUS PT X DI KOTA Y)

2018 ◽  
Vol 4 (2) ◽  
pp. 192
Author(s):  
Ayang Fristia Maulana
Keyword(s):  
Government Regulation ◽  
Limited Liability ◽  
Land Rights ◽  
The State ◽  
Land Acquisition ◽  
Limited Liability Company ◽  
Power Of Attorney ◽  
Land Registration ◽  
The Status ◽  
The Right

State land is land directly controlled by the state as stated in Government Regulation No. 24 of 1997 on Land Registration. State land is not an object of Mortgage Rights, the object of mortgage is the right to land with the status of “Right of Ownership”,” Right to Exploit”, Right to Build” and “Rights to Use” as described in Article 51 of BAL in Article 4 UUHT. Because state land is not the object of mortgage rights, it is not justified if the state land is guaranteed as the repayment of debtor's debt which is tied up with Power of Attorney Charging the Deposit Rights. In this case, the debtor is a legal entity of a Limited Liability Company engaged in real estate which has located permission for land acquisition. The land to be acquired has the right of ownership status which is then released by the owner with the provision of compensation. After the release of the land rights, the released land will become state land as set forth in Article 19 of the BAL. This is the land which is released as collateral by the debtor to the creditors.

scholarly journals KEABSAHAAN SERTIPIKAT HAK MILIK ATAS TANAH BERDASARKAN UUPA DAN PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH

2019 ◽  
Vol 2 (1) ◽  
pp. 462
Author(s):  
Emerlanda Leticia ◽  
Hasni Hasni
Keyword(s):  
Property Rights ◽  
Government Regulation ◽  
Land Rights ◽  
Legal Issues ◽  
Property Ownership ◽  
Land Registration ◽  
Proof Of Ownership ◽  
The Right ◽  
Ownership Rights ◽  
Legal Consequences

The certificate is a proof of ownership that is strong, this certificate comes from land rights which are the right to use and exploit the land which it occupies. Rights to land are also divided into Property Rights, Cultivation Rights, Building Use Rights, Use Rights, Rental Rights for Buildings, Use Rights and Temporary Land Rights. In this case the author will only explain the ownership rights related to legal issues, namely the right of ownership. Property rights are the strongest and most complete rights that humans can have. This right is obtained based on land registration. Own land registration is carried out by the authorized party, namely the National Land Agency. But in this case on the island of Pari, the certificate was declared maladministration by the ORI which caused the author to write about the validity of the certificate of land ownership based on law. With the formulation of the problem, how is the validity of the Certificate of Property Ownership according to uupa and Government Regulation Number 24 of 1997 related to the statement of maladministration by the ORI? and What are the legal consequences for certificate holders due to the administrative maladministration? By using explanatory research methods. In this case the researcher gets the result that in the process of land registration the measurement process is not carried out which is one of the requirements to obtain physical data and there is no announcements must be made because to provide an opportunity to file an objection.

scholarly journals PERANAN BADAN PERTANAHAN NASIONAL DALAM MENGOPTIMALISASIKAN PENDAFTARAN TANAHDI KOTA TEBING TINGGI NATIONAL LAND AGENCY ROLE IN LAND REGISTRATION OPTIMALIZATION IN TEBING TINGGI

2017 ◽  
Vol 6 (1) ◽  
Author(s):  
Seftia Azrianti
Keyword(s):  
Key Words ◽  
Government Regulation ◽  
Land Rights ◽  
Empirical Approach ◽  
Social Aspects ◽  
Land Registration ◽  
The Social ◽  
The Government ◽  
Laws And Regulations

Penelitian ini bertujuan untuk mengetahui dan menganalisis peran badan pertanahan dalam pelaksanaan pendaftaran tanah menurut Peraturan Pemerintah (PP) Nomor 24 Tahun 1997 tentang Pendaftaran Tanah. Metode pada penelitian ini adalah metode pendekatan yuridis empiris. Pendektan yuridis, digunakan untuk menganalisis berbagai peraturan perundang-undangan terkait dengan peranan Kantor Pertanahan Kota Tebing Tinggi dalam upaya meningkatkan pendaftaran hak atas tanah. Sedangkan pendekatan empiris, digunakan untuk menganalisa hukum yang dilihat sebagai prilaku masyarakat yang berpola dalam kehidupan masyarakat yang selalu berinteraksi dan berhubungan dalam aspek kemasyarakatan. Berdasarkan Hasil penelitian dapat disimpulkan Peran Badan Pertanahan Nasional dalam mengoptimalisasikan pendaftaran tanah di Indonesia dilakukan sesuai dengan tugas dan wewenang Peraturan Perundang undangan yang berlaku khususnya Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah,  dalam upaya untuk meningkatkan pendaftaran hak atas tanah,  Badan Pertanahan nasional adalah sebagai garda depan dalam melayani masyarakat dalam melakukan pendaftaran tanah pertama kali maupun dalam rangka pemeliharaan daftar umum pendaftaran tanah. Upaya-upaya yang dilakukan oleh Kantor Pertanahan di Kota Tebing Tinggi untuk mengoptimalkan pendaftaran tanah di Tebing Tinggi adalah menggunakan Program Larasita dan Prona Sebagai cara ampuh mempercepat program pendaftaran tanah di Kota Tebing Tinggi.  Kata Kunci:  Badan Pertanahan Nasional. Optimalisasi, Pendaftaran TanahThe aim of this study was to identify and analyze the role of land agency in the implementation of land registration in accordance with Government Regulation (PP) No. 24 of 1997 about Land Registration. The method in this study was empirical juridical approach. Juridical approach used to analyze the various laws and regulations relating to the role of Tebing Tinggi land agency in an effort to improve the registration of land rights. While the empirical approach, used to analyze the law based on society attitudes in daily interaction and relating in the social aspects. Based on The results of this study, it can be concluded that the role of the National Land Agency in optimizing land registration in Indonesia carried out in accordance with the duties and authority of Laws and regulations, particularly the Government Regulation No. 24 of 1997 on Land Registration, in effort to improve the registration of land, national rights Land Agency was as main officerin serving the community in conducting the first land registration and maintenance . The efforts undertaken by the Land Office at Tebing Tinggi to optimize land registration in Tebing Tinggi was using Larasita and Prona Program as a useful effort to accelerate land registration program in Tebing Tinggi. Key words:  National Land Agency, Optimalization, Land Registration

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 PENGGUNAAN KUASA MENJUAL DIDALAM PERALIHAN HAK MILIK ATAS TANAH MELALUI JUAL-BELI

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Adnyana .
Keyword(s):  
Property Rights ◽  
Supreme Court ◽  
Government Regulation ◽  
Growth Dynamics ◽  
Supreme Court Decision ◽  
Civil Code ◽  
Equal Rights ◽  
Power Of Attorney ◽  
Land Registration ◽  
Absolute Power

The authorization pursuant to Article 1792 of the Civil Code is "an agreement by which a given authority to another person, who received it, for conducting an affair on his behalf". It seems clear on the one hand there is the so-called to give and some are called to receive power, each party both receiver and giver have equal rights and obligations in running the power. In a very rapid growth dynamics can be found in the deed of transfer of power that the land ownership through purchase, clauses can not be withdrawn or disregard of Article 1813 of the Civil Code which is referred to as "Power of Absolute", it means no longer balanced and adverse the power giver if concerned about the rights and obligations of the giver and the receiver of power. In connection with the absolute power of the transformation of property rights to land through purchase, there are some legislation that expressly prohibits: 1. Instruction of the Minister of Home Affairs No. 14 of 1982 on the Prohibition of Use of Absolute Powerful As the transfer of Land Rights.2. Government Regulation No. 24 of 1997 on Land Registration, in  Article 39 paragraph (1) letter d.3. Supreme Court Decision No. 2584 / K / Pdt / 1986 explicitly states that "absolute power of attorney regarding the sale and purchase of land can not be justified because in practice often misused for smuggling and selling land".4. Decision of the Supreme Court Reg. No. 2817 / K / Pdt / 1994 explicitly states that "buying and selling is done on the basis of absolute power is invalid and void". As a result of the ban, the use of absolute power in the transfer of property rights through the purchase can not be done because it is illegal and null and void.

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