Judge's Considerations in Land Sale and Purchase Agreements Through Absolute Power of Attorney (Case Study of Denpasar District Court Decision Number 679/Pdt.G/2021/PN Dps
DOI:
https://doi.org/10.35335/legal.v13i1.950Keywords:
Consideration , Agreement , Absoslute PowerAbstract
Civil Lawsuit Decision Number 679/Pdt.G/2021/PN.Dps which states that the Deed of Strengthening Sale and Purchase which is an Absolute Power of Attorney Deed made before a Notary is SAH and binding. This is contrary to the law of binding sale and purchase agreements which are often used by community, but the absolute power of attorney agreement in binding sale and purchase is also not specifically regulated in statutory regulations: how the judge considers the agreement to bind the sale and purchase of land through absolute power (Case Study of Denpasar District Court Decision Number 679/Pdt.G/2021/ PN Dps); This research uses a type of normative juridical research, namely research that focuses on examining the rules or norms in positive law; Civil Decision in Lawsuit Number 679/Pdt.G/2021/PN.Dps Provides legal considerations that because the payment of the land purchase price has been made in full by the buyer, the power of attorney used in PPJB Deed Number 32 and Power of Attorney to Sell Deed Number 33 cannot be categorized as a form of absolute power whose use is prohibited. Regarding PPJB which is paid in full, based on research results, this is one of the conditions that is absolutely mandatory to be fulfilled if the parties are to exercise absolute power in the Land PPJB. (Making PPJB Land which uses absolute power of attorney has also fulfilled its obligation to provide legal protection and certainty for the parties. The agreement between the parties to make an absolute power of attorney is made based on the principle of freedom of contract as regulated in Article 1338 of the Civil Code. The parties are free to arrange the agreement as they wish as long as This does not conflict with law and legislation, morals, decency, decency and religion, public interests (van openbare order. The granting of power of attorney which cannot be revoked is valid if the agreement which is the basis for the granting of power has valid legal reasons.
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References
Adiani, AP (2021). JURIDICAL ANALYSIS OF THE DEED OF SALE AND PURCHASE AGREEMENT WHICH OBJECT IS JOINT PROPERTY (CASE STUDY OF SLEMAN STATE COURT RULING NUMBER 221/PDT. G. 2019/PN. SMN). EQUITABLE JOURNAL, 6(2), 103–120.
Adisiswanto, E., Maghfuroh, W., & Alviedo, DY (2023). Analysis of Legal Protection for Ownership and Sale and Purchase Transactions of Land That Have Not Been Certified. IUS: Scientific Journal of the Faculty of Law, 11(2), 141–158.
Amelia, R. (2022). LEGAL PROTECTION OF THE PARTIES IN THE SALE AND PURCHASE OF LAND RIGHTS WITH THE POWER OF SELLING A NOTARY BASED ON THE CIVIL LAW BOOK AND GOVERNMENT REGULATION NO. 18 OF 2021. Adhikari Journal, 2(1), 235–245.
Apriyanto, H. (2023). IMPLEMENTATION OF TRANSFER OF OWNERSHIP RIGHTS TO OBJECTS THROUGH A SALE AND PURCHASE AGREEMENT ACCORDING TO THE CIVIL CODE. Collegium Studiosum Journal, 6(2), 634–641.
Binsneyder, M., & Rosando, A. F. (2020). Legal Consequences of Transferring Mortgage Rights Without the Creditor's Knowledge in Review of the Principles of Balance and Good Faith in Court Decisions. Bonum Commune Business Law Journal, 3(1), 104–119.
ELITA, PA (2022). BUYING AND BUYING MOTORCYCLES ON CREDIT THAT HAVE NOT BEEN PAID FROM THE PERSPECTIVE OF SHARIA ECONOMIC LAW (CASE STUDY IN KALIBENDA VILLAGE, AJIBARANG DISTRICT, BANYUMAS DISTRICT). UIN Prof. KH Saifuddin Zuhri.
Elviana, R. (nd). INDONESIA AS AN ISLAND COUNTRY: THE COMPLEXITY OF INDONESIAN MARINE AREA IN MAINTAINING STATE SOVEREIGNTY1 NAME: MUHAMMAD HARITS NIM: 02011381722396 1. INTRODUCTION.
Jannah, J. N. (2020). Online Lending and Borrowing Agreements (Financial Technology) Perspective of Civil Law and Islamic Law. Journal of Law and Notary Affairs, 4(2), 203–220.
Laksita, SD, Silviana, A., & Suharto, R. (2017). Legality of Power of Attorney in a Land Sale and Purchase Deed as a Basis for Making a Sale and Purchase Deed (Study in Semarang City). Diponegoro Law Journal, 6(1), 1–11.
Manueke, PM (2018). Buying and selling land that has a land title certificate according to Government Regulation Number 24 of 1997. Lex Privatum, 6(5).
Mubarok, MU (2020). Legal Protection of Franchisees in Standard Agreements (Analysis of Little Chiclin Standard Agreements). Faculty of Sharia and Law, Syarif Hidayatullah State Islamic University, Jakarta.
PRATHAMA, MA (2023). JURIDICAL REVIEW OF UNLAWFUL ACTS COMMITTED BY A NOTARY REGARDING THE ISSUANCE OF A DEED OF SALE AND PURCHASE AGREEMENT (Study Decision Number: 491/Pdt/2022/PT. MDN). Faculty of Law, Islamic University of North Sumatra.
Purnomo, RSD (2018). Business Dispute Resolution. Gramedia Pustaka Utama.
Ridwan, IHJ, & Sudrajat, MHAS (2020). State administrative law and public service policy. Scholarly Nuance.
Rina Yulianti, SH (2022). Legal Protection for Community Rights to Coastal Resources. Scopindo Media Library.
Rondonuwu, C.C. (2022). A Review of the Cancellation of Land Sales and Purchases Due to the Failure to Transfer Rights. Lex Privatum, 10(1).
ATU, PHAKATS, & RIGHTS, UPHBP (nd). Master of Notarial Affairs.
Syahruddin, M. (2022). RESOLUTION OF LAND SALE AND PURCHASE DISPUTES CAUSED BY THE BUYER NOT PAYING IN FULL THE AGREED LAND PRICE. LEX PRIVATUM, 10(5).
Teni, SO (2021). Settlement of Disputes on the Transfer of Ownership Rights to Land Where Payment for the Sale and Purchase of the Land Has Not Been Completed. Lex Privatum, 9(5).
Utari, S. (2021). The Urgency of Including a Time Period in Fulfilling the Rights and Obligations of the Parties in the Deed of Agreement for Sale and Purchase of Land Rights Made Before a Notary. Sultan Agung Islamic University (Indonesia).
Wattimena, R.M., Uktolseja, N., Mantayborbir, R.S., & Kesaulya, C. (2023). Agrarian Law Based on Local Wisdom of Small Border Islands and Environmental Law of the Small Island Border Region. AJAD: Journal of Community Service, 3(3), 305–311.
Yudhantaka, L. (2017). The validity of the apartment sale and purchase contract using the pre-project selling system. Juridica, 32(1), 84–104.
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