Transition of Rights Ownership over Land Based on Absolute Power of Attorney (A Study of Civil Case Number 90/PDT.G/2013/PN.PDG)

Abstract

Based on Article 39 paragraph (1) letter d PP No. 24 of 1997 stated that "PPAT refused to make a deed if one of the parties or parties acted on the basis of an absolute power of attorney which essentially contained the legal act of transferring rights" .In case number  90 / PDT.G / 2013 / PN.PDG between Bahar and Henky Sutanto CS, Hj. Elly Satria, S.H, H. Hendri Final, S.H, and the Land Agency of the City of Padang. The problem occurred because the power deed number 67 dated February 17, 1996 which was categorized as absolute power was made as the basis for the transfer of certified land rights without being preceded by the PPJB or any agreement, even though the Principal Agreement and this power cannot be separated. The formulation of the problem discussed in this thesis is how the process of transferring land rights is based on absolute power, how the legal consequences of transferring land rights are based on absolute power and how the responsibility of Notary / PPAT in making deeds that use absolute power as the basis of transfer of rights .The research method used is normative legal research. Based on what was investigated, the process of transferring land rights based on absolute power was carried out based on the usual judicial process, namely because the mediation failed, followed by the reading of the lawsuit, the respondent's reply, replication and duplication, verification, and the verdict was partially granted.The legal consequences with the use of absolute power in the case of transfer of ownership rights to land in this case resulted in the absolute deed of power being null and void. Based on the theory of accountability, the author argues that PPAT is responsible for making sale and purchase deeds based on absolute power. Losses to the parties for negligence of the PPAT are borne by the Official who, because of the negligence, has caused a loss.