Aspek Hukum terhadap Kuasa Mutlak pada Proses Pelaksanaan Jual Beli Tanah

Abstract

The second dictum of the Minister of Home Affairs' Instruction No. 14/1982 prohibits absolute power. However, in practice by a Notary, especially in the implementation of sale-purchase process, it is usually found out that absolute power is still used as a clause which is included in a preliminary sale-purchase contract. The research was conducted by using normative approach; namely, it was started by studying secondary data such as their positive legal aspects and their written regulations and by conducting field research. The data were analyzed qualitatively by using deductive method. Based on the results of the research, it is known that the sale-purchase contract with absolute power made before a Notary had a law of evidence as an authentic deed because it has met the legal provisions. The process of sale and purchase which uses absolute power is not in cash and transparent as it is stipulated in the National Land Law. It is a continuation of legal act in sale-purchase contract which is in the process of fulfilling the requirements to transfer the title in PPAT (official empowered to draw up land deeds). Therefore, the sale-purchase process with absolute power does not violate the Minister of Home Affairs' Instruction No. 1411982 so that the status of the purchaser's authority of the land which is based on the power of attorney is valid and does not violate the law since the transfer of the title is still in process and will be completed before the PPAT.