Sale and Purchase Agreement and Notarial Power of Attorney as the basis for making a Land Sale and Purchase Deed

Abstract

This study aims to examine and analyze the mechanism of using a notarial power of attorney in the transfer of land rights, the validity of the Sale and Purchase Agreement (PPJB) and the Notarial Power of Attorney as the basis for making a Sale and Purchase Deed (AJB) for the transfer of land rights. The research approach method used in this thesis is the statute approach and the Conceptual Approach. This type of research is normative research. The type and source of data in this study are secondary data obtained through literature studies. The analysis in this study is prescriptive. The results of the study are that the Sale and Purchase Agreement (PPJB) and the Notarial Power of Attorney are authentic deeds made before a Notary and have an important role in the Land Sale and Purchase process, but both have different legal force from the Sale and Purchase Deed (AJB). PPJB serves as an initial binding before AJB which binds the parties to carry out the sale and purchase in the future, and usually contains an agreement regarding the price, the object of the sale and purchase, and other provisions, while the Power of Attorney to Sell gives authority to the buyer or other appointed party to carry out legal actions on behalf of the seller, especially in terms of document management, tax payments, or the process of changing the name on the certificate. The Power of Attorney to Sell can be absolute (irrevocable) or limited, depending on the agreement of the parties and the purpose of granting the power of attorney.