KEABSAHAN IKATAN JUAL BELI YANG DIDASARI AKTA KUASA MENJUAL HARTA BERSAMA YANG DITANDATANGANI TIDAK DIHADAPAN NOTARIS DAN DILUAR WILAYAH INDONESIA (STUDI KASUS PUTUSAN NOMOR 69/PDT.G/2019/PN.SDA JUNCTO PUTUSAN NOMOR 131/PDT/2020/PT.SBY)

Abstract

In the process of buying and selling land in Indonesia, it refers to PP number 24 of 1997, where the transfer of land rights can only be registered at BPN if it is proven by a sale and purchase deed made by PPAT. The law only regulates the obligation of the seller and the buyer to make a Sale and Purchase Deed at the PPAT without regulating provisions on the power of attorney to sell land and buildings. The Marriage Law clearly stipulates that in selling joint assets, the husband / wife must obtain the approval to sell from the husband / wife partner, without regulating how the form of the agreement must be made. Practices in the field often require that the power of attorney to sell must use an authentic deed. Where the authentic deed has formal and material requirements that must be met. The result of the judge's decision stated that the power of attorney to sell is allowed to use an underhand deed. As long as the authentic deed does not violate the material requirements of a deed, then the authentic deed is legally valid, only the power of proof is reduced to an underhand deed which remains binding on the parties as long as the parties do not deny the contents of the deed and its signature.

Keywords: authentic deed, underhanded deed, transfer of land rights, joint property