Transfer of Land Rights Based on the Data Authorization of Selling in Terms of Authority Giver Died in Pekanbaru

Abstract

The transfer of land rights that use the power of attorney to sell as the basis for making the sale and purchase deed by the Land Drafting Official at the Pekanbaru City National Land Agency Office is very much in the interest of the people in Pekanbaru, because in terms of time, procedures, and costs are very practical and efficient. According to the Civil Code, article 1795, the grantor of the power of attorney can be carried out specifically, namely regarding one or more specific interests, or in general, which includes all the interests of the Authorizer. Selling Power is an ability with substitution rights (rights that can be replaced) granted by the owner of the guarantee to the authorized recipient appointed by the owner of the guarantee, to sell to other parties or himself at prices and conditions that are considered both by the guarantee owner and the proxy. The implementation of the transfer of land rights has been regulated in Government Regulation Number 24 of 1997 concerning Land Registration.In practice in the field of the use of the transfer of land rights based on the selling power of attorney, there is no difference as to whether the deed of selling power is still valid or not applicable, because the Office of the National Land Agency in Pekanbaru City only provides conditions for a statement stating that the letter of the authorizer is still alive and the power of attorney deed has never been revoked, which was signed by the power of attorney. In article 1813 to article 1819 the Civil Code has regulated the method of the end of the granting of power. Based on the description above, it will be examined on how the position of the selling power of attorney in the transfer of land rights, how the process of transferring rights to land based on the power of attorney to sell in the event that the authority dies in Pekanbaru, and how the legal consequences of the transfer of land rights based on the power of attorney to sell in the case of the party giving the power of attorney died in Pekanbaru. This research method uses an empirical juridical approach which is a study carried out in terms of applicable laws and regulations and is associated with facts found in the field. The Deed of Sale Authority shall be used as the basis for the process of drafting the Deed of Purchase under the name and at the same time be used as a tool for registering the transfer of land rights at the City of Pekanbaru Land Office. The process of transferring land rights based on the selling power of attorney in the event that the authority dies in Pekanbaru cannot be transferred to the National Land Agency because it is null and void according to articles 1813, 1814, and 1816 Civil Code. As a result of the legal transfer of land rights based on the selling power of attorney where the party who passed away died in Pekanbaru is an act of self-destruction, if you want to continue the transfer of rights must be done first the process of inheritance to the heirs concerned.