Juridical Analysis of The Use Of Power Of Attorney To Sell For The Transfer Of Rights To Land and Buildings To Realize Legal Certainty (Research Study at The Office Of Septa Dorothe Undap Notary and PPAT Batam)

Notarial Law

Notaries play a role in making deeds, one of which is a deed in the form of a power of attorney. Letter of Approval and Power of Attorney Number 47 of 2019 made by Notary and PPAT Septa Dorothe Undap consists of a clause that the authority granted by the Authorizer to the Power of Attorney is very broad and the Power of Attorney is not bound by the Principal Agreement. So it is reasonable to suspect that the Power of Attorney to sell has the potential to approach the nature of an absolute power of attorney so that the legality of the use of the power of attorney to sell is doubtful. The results show that the use of the power of attorney to sell in the act of buying and selling rights to land and buildings formed by the case study Notary against the Letter of Approval and Power of Attorney Number 47 of 2019 made by Notary Septa Dorothe Undap can be said that the Power of Attorney to Sell was formed in accordance with the provisions applicable law. Even though the power of attorney to sell is indicated as an absolute power of attorney because it gives broad authority to the power of attorney and is not followed by the main agreement, the power of attorney does not stipulate a clause that cannot be withdrawn by the power of attorney. In addition, the extent of the power of attorney granted by the Authorizer to the Recipient of the Power of Attorney is understandable, this occurs due to the relationship factor between the Authorizer and the Proxy by the Letter of Approval and Power of Attorney Number 47 as husband and wife who believe that the Notary believes that the two have good faith. and the consideration of power of attorney carried out by the Proxy is not for a long period of time so that it does not require a Principal Agreement. Factors that become obstacles to the use of power of attorney to sell in the act of buying and selling rights to land and buildings formed by a notary include the low level of public understanding of the use of power of attorney to sell in the act of buying and selling rights to land and buildings. As a solution, the government needs to establish legal rules related to SOP (Standard Operating Procedure) obligations for notaries to ensure the parties have carried out their obligations and ensure security for the parties before making a power of attorney to sell in the act of buying and selling rights to land and buildings and issuing a deed of transfer of rights. through the deed of sale and purchase of the land and buildings.

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