Legal Position of Sale Purchase Binding Agreement Deeds and Power of Attorney to Sell as The Basis for Transfer of Rights in Batam City

Abstract

The position of the Deed of Sale and Purchase Agreement and the Deed of Power of Attorney in the process of transfer of rights in Batam City is very important as a legal instrument to bridge the transfer of rights in Batam City which requires permission from BP Batam. This study aims to determine and analyze the legal position of the deed of sale and purchase agreement and the deed of power of attorney as the basis for the transfer of rights in Batam City, to determine and analyze the obstacles and solutions to the deed of sale and purchase agreement and the deed of power of attorney as the basis for the process of transfer of land rights and to determine and analyze the structure and examples of the deed of sale and purchase agreement and the deed of power of attorney. The research method used is empirical legal research using the Theory of Legal Certainty, Theory of Responsibility and Theory of Legal System. The approach method used in this study is the statutory approach and the case approach. The data analysis used is descriptive. The results of the study indicate that the position of the deed of sale and purchase agreement and the deed of power of attorney can be used as a preliminary agreement until all requirements are met for the signing and numbering of the deed of sale and purchase which is the main agreement. So this agreement is a preliminary agreement that can provide legal certainty for the parties, especially buyers who have made full payment for the purchase, so with these two deeds, the presence of the seller is no longer required, while for banking, the bank has legal certainty in the disbursement of credit, furthermore the PPJB and KUM deeds can be used to face obstacles in the process of transferring rights, one of which must obtain approval from the Rights Transfer Permit (IPH) from BP Batam where the mechanisms, requirements and policies for processing often change, causing legal uncertainty. Furthermore, the structure of making a deed of sale and purchase agreement and a deed of power of attorney to sell must be complete and systematically arranged in accordance with the provisions of the Civil Code and UUJN in order to meet the formal and material requirements in making a deed.