Review Paper
Year: 2020 | Month: July | Volume: 7 | Issue: 7 | Pages: 47-53
Due to the Law of Sale and Purchase Interest in Land Certified Based on Irrevocable Power of Attorney (Study Decision No.402/K/TUN/2017)
Abdul Hadi Putra1, Suprayitno2, Henry Sinaga2, T. Keizerina Devi Azwar2
1Postgraduate Students at Universitas Sumatera Utara, Indonesia
2Postgraduate Lecturer at Universitas Sumatera Utara, Indonesia
Corresponding Author: Abdul Hadi Putra
ABSTRACT
Irrevocable power of attorney cannot be revoked by principal, but it has been prohibited by PP No.24/1997 on land registration and the decree of The Minister of Internal Affairs No.14/1982 on the prohibition of using irrevocable power of attorney. In practice, however, it is still used. In the Supreme Court’s ruling No.402/K/TUN/2017, the claim filed the plaintiff is the use of irrevocable power of attorney as the reason for land title transfer in which it is used by the defendant to sale the land with the certificate No.1/Setaman Jernih; this transaction does not involve the plaintiff as its owner, and The Head of The Land Office of Serdang Bedagai issues it in the name of the defendant. Consequently, the plaintiff is harmed. The research used descriptive qualitative method which describe in detail and systematically. It types was juridical normative. Primary data and secondary data were gathered by conducting library research. The result of the research showed that the position of irrevocable power of attorney in land title transfer is a unity with transaction. Due to the development of the need based on freedom of contract, it is functioned to avoid any problem in the future. However, when it stands by itself it is prohibited by the decre of The Minister of Internal Affairs No.14/1982 on the prohibition of using irrevocable power of attorney and PP No.24/1997 on land registration which can cause the revocation of the certificate, in the ruling No.402/K/TUN/2017, the Supreme Court rejects the defendant’s request since it is legally defective and contrary to the decree of The Minister of Internal Affairs No.14/1982 on the prohibition of using irrevocable power of attorney and PP No.24/1997 on land registration.
Keywords: Irrevocable Power of Attorney, Land Registration, Contract
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