KUASA MUTLAK DALAM PERALIHAN HAK ATAS TANAH
Abstract
The An irrevocable power of attorney in the transfer of land rights is a form of authorization granted by a landowner to another party to manage or transfer the land rights without any time limitation or specific conditions. In practice, such irrevocable powers of attorney are often misused, leading to legal issues, particularly concerning legal certainty and the protection of land rights. This study aims to analyze the legal standing of irrevocable powers of attorney in the transfer of land rights under Indonesian positive law and their impact on the legal protection of the parties involved. The research employs a normative juridical method with statutory and case study approaches. The results indicate that irrevocable powers of attorney in land rights transfers are prohibited under Article 1320 of the Indonesian Civil Code (KUHPerdata) and Supreme Court Circular Letter No. 4 of 1991, as they may give rise to land disputes. Therefore, strengthening regulations and increasing public legal awareness are necessary to prevent the misuse of irrevocable powers of attorney.
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