Tinjauan Yuridis Atas Pembuatan Akta Jual Beli Hak Atas Tanah antara Pihak Penjual WNI dan Pihak Pembeli WNA dengan Menggunakan Akta Kuasa Menjual dalam Peralihan Hak Milik Berikutnya

Abstract

In Indonesia, land right is can only owned by Indonesian citizens, not by foreigners. Nevertheless, many WNA (foreigners) look for a tricky way out by doing AJB (land transaction contract) before a PPAT in irrevocable power of attorney, nominee contract, to get land certificates on their names by using Indonesian names which is known as using other people’s names in contracts. It is, of course, illegal since a WNI (Indonesian citizen) is the buyer but the money comes from a WNA who is the real buyer. The research problems are as follows: how about the general view on land title transfer through transaction from a WNI to a WNA according to UUPA, how about the legal standing of the implementation of land title transfer using sales agreement and authority to sell from a WNI to a WNA, how about legal consequence of making a transaction contract and authority to sell in which the owner of the land is an WNI with a WNA. The research used normative method which analyzed legal provisions such as Law No. 5/1960 on Agrarian Affairs and the Civil Code. It nature was descriptive analytic which described, explained, and analyzed the research problems and searched for the answers as the solution of the problems. The result of the research shows that the buyer and the seller appear before a PPAT by bringing all necessary documents concerning the land rights. The name of the buyer, a WNI, is attached in the land certificate based on transfer title made in the Land Office and the land title transfer can be done through the transaction by using Sales Agreement made before a PPAT. It will be illegal because it contains it is illegally made according to Article 26, paragraph 2 of UUPA and the Instruction of the Minister of Internal Affairs No. 14/1982 on Prohibition to use irrevocable power of attorney in land title transfer through land transaction.