THE USE OF THE ABSOLUTE POWERTRANSFER OF LAND RIGHTS BASED ON THE VALUE OF JUSTICE.

Farid, Farid and Gunarto, Gunarto and Widodo, Wahyu THE USE OF THE ABSOLUTE POWERTRANSFER OF LAND RIGHTS BASED ON THE VALUE OF JUSTICE. Int. J. Adv. Res. 5(8), 322-326. ISSN 2320-5407

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Abstract

Absolute Power of Attorney as prohibited by Instruction Minister of the Interior No. 14 The Year 1982 is a form of the treaty law, namely the power of attorney agreement. Definition of agreements pursuant to Article 1313 of Law Book OF Private Law is an act by which one or more persons bind himself to one or more other people. Thus the covenant is a conformity of the will between two or more parties to achieve a certain thing. An agreement is considered valid, if it has qualified the validity of the agreement as set forth in Article 1320 of Law Book of the Civil Code, namely: 1. existence the agreement; 2.proficiency; 3. a certain thing; 4. For the law full cause. In contract law recognized the principle such as freedom of contract, which means that everyone is free to make or not make an agreement that they want regardless of its form, extent not inconsistent with law, morality and public order, according to Article 1337 Code of Civil law specify. The principle of Article 1338 is reflected in the Code of Civil . From this understanding, it can be concluded that a person in making a free agreement of a certain form or formality good agreement granting absolute power and other agreements. The Absolute Power of Attorney is a misrepresentation of the power of attorney agreement. Definition of power granting agreement pursuant to Article 1792 Code of Civil Law is an agreement by which a give power to another person who received it, for in his name conducting an affair. From the results of research that has been done in juridical / normative, it can be concluded that the Absolute Power of Attorney as referred to in Instruction Minister of the Interior No. 14/1982 such, is not contrary to the principle - the principle of contract law as set forth in the book too - III of the Code of Civil Law. In other words, the existence of Instruction Minister of the Interior No. 14/1982 is unconstitutional - Higher Law which is contrary to the Code of Civil Law and Law of the Republic of Indonesia no. 4 The Year 1996 on Rightful Land Rights - Land Related Objects. In accordance with Article 7 (1) of Law Number 12 The Year 2011, the de jure existence Instruction Minister of the Interior No. 14/1982 is null and void. It is therefore advisable for officials in the Land office as well as the Notary / PPP AT not to refuse to serve the manufacture and or use of the Absolute Power of Attorney.

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