| dc.description.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. | en_US |
