The Problematics of Absolute Power in Buying and Selling Land

Oct 13, 2025 by talynt.org 28 views

Introduction

The buying and selling of land rights is a common practice in the field of notary law. One way to facilitate this process is through the use of absolute power, which is often included in the preliminary agreement between the buyer and seller. However, the existence of absolute power in the binding of bell rights to land has been a subject of controversy, with some arguing that it is prohibited by the Instructions of the Minister of Home Affairs Number 14 of 1982. In this article, we will delve into the legal analysis of the existence of absolute power in the binding of bell rights to land and explore the implications of its use.

The Problematics of Absolute Power in Buying and Selling Land

The use of absolute power in buying and selling land has been a common practice in Indonesia, despite the lack of clear regulation in the Civil Code (Kuhperdata). In fact, the practice of using absolute power has been widely accepted by notaries as part of a structured agreement. However, the existence of absolute power has been a subject of controversy, with some arguing that it is prohibited by the Instructions of the Minister of Home Affairs Number 14 of 1982.

The research method used in this study is normative law, with an emphasis on the research material for literature. To complete the analysis, interviews and distribution of questionnaires, the resource person is to get an empirical perspective. The results of this study indicate that absolute power is still often used in land sale and purchase agreements, although there are conflicting regulations.

The Importance of Absolute Power in Practice

The absolute power should be in accordance with the contents of the Director General of Agrarian Letter Number 594/1492/AGR on March 31, 1982. However, in practice, often the deed of buying and selling does not include the clause which states that the power cannot be revoked. This has the potential to make the power lose its absolute nature. This confusion arose from the difference between the interior instructions and the applicable jurisprudence. The existence of many cases that require absolute power in the sale and purchase agreement shows that there are still special interests from the buyer.

In addition, this situation has been exacerbated by the congestion in the management of land documents since the issuance of IMDN No. 14/1982. In response, the letter of Director General of Agrarian No. 594/1492/AGR to facilitate the process. However, in the practice of notary, confusion still occurs due to differences in interpretation between the two regulations and existing jurisprudence.

Legal Protection for Related Parties

Legal protection for sellers whose land is transferred with absolute power is very important, especially when the buyer does not make payments in cash. This aims to avoid future disputes. The use of absolute power can lead to disputes between the buyer and seller, and it is essential to have a clear understanding of the terms and conditions of the agreement.

Recommendations for Notary

Based on these conclusions, it is highly recommended that the notary does not carelessly serve the request of the party to make a binding agreement that is accompanied by absolute power. Notaries need to be more careful in the use of absolute power to comply with the applicable provisions in IMDN No. 14/1982 and SDJA No. 594/1492/AGR. A more in-depth counseling regarding this problem needs to be given to the notary and PPAT by the government, given the difference between jurisprudence that applies with existing instructions.

Conclusion

The existence of absolute power in the binding of bell rights to land is a complex issue that requires careful consideration. While the use of absolute power can facilitate the buying and selling process, it can also lead to disputes and legal problems. It is essential to have a clear understanding of the terms and conditions of the agreement and to comply with the applicable provisions in IMDN No. 14/1982 and SDJA No. 594/1492/AGR.

Future Research Directions

Future research should focus on the implications of the use of absolute power in buying and selling land, including the potential for disputes and legal problems. Additionally, research should explore the role of notaries in facilitating the buying and selling process and the importance of providing clear and concise information to clients.

Limitations of the Study

This study has several limitations, including the reliance on secondary data and the lack of empirical data. Future research should aim to collect more empirical data to provide a more comprehensive understanding of the issue.

Implications for Practice

The findings of this study have several implications for practice, including the need for notaries to be more careful in the use of absolute power and the importance of providing clear and concise information to clients. Additionally, the study highlights the need for the government to provide more guidance on the use of absolute power in buying and selling land.

References

Instructions of the Minister of Home Affairs Number 14 of 1982
Director General of Agrarian Letter Number 594/1492/AGR on March 31, 1982
Civil Code (Kuhperdata)
IMDN No. 14/1982
SDJA No. 594/1492/AGR

Appendix

List of interviewees
Questionnaire
Empirical data

Note: The references and appendix are not included in the word count.

Introduction

The existence of absolute power in the binding of bell rights to land has been a subject of controversy in Indonesia. In this article, we will answer some of the frequently asked questions (FAQs) about the existence of absolute power in the binding of bell rights to land.

Q: What is absolute power in the context of buying and selling land?

A: Absolute power refers to the power of one party to bind another party to a contract without the need for further consent or approval. In the context of buying and selling land, absolute power is often used to facilitate the transfer of ownership.

Q: Is absolute power prohibited by the Instructions of the Minister of Home Affairs Number 14 of 1982?

A: The Instructions of the Minister of Home Affairs Number 14 of 1982 prohibits the use of absolute power in buying and selling land. However, the letter of Director General of Agrarian No. 594/1492/AGR on March 31, 1982, provides an exception to this rule.

Q: What are the implications of using absolute power in buying and selling land?

A: The use of absolute power in buying and selling land can lead to disputes and legal problems. It is essential to have a clear understanding of the terms and conditions of the agreement and to comply with the applicable provisions in IMDN No. 14/1982 and SDJA No. 594/1492/AGR.

Q: How can notaries ensure that they are using absolute power correctly?

A: Notaries should be more careful in the use of absolute power and ensure that they comply with the applicable provisions in IMDN No. 14/1982 and SDJA No. 594/1492/AGR. A more in-depth counseling regarding this problem needs to be given to the notary and PPAT by the government.

Q: What are the consequences of using absolute power without complying with the applicable provisions?

A: The consequences of using absolute power without complying with the applicable provisions can be severe. It can lead to disputes and legal problems, and may even result in the cancellation of the agreement.

Q: How can sellers protect themselves from disputes and legal problems when using absolute power?

A: Sellers can protect themselves from disputes and legal problems by ensuring that they have a clear understanding of the terms and conditions of the agreement and by complying with the applicable provisions in IMDN No. 14/1982 and SDJA No. 594/1492/AGR.

Q: What is the role of the government in regulating the use of absolute power in buying and selling land?

A: The government has a crucial role in regulating the use of absolute power in buying and selling land. It should provide more guidance on the use of absolute power and ensure that notaries comply with the applicable provisions in IMDN No. 14/1982 and SDJA No. 594/1492/AGR.

Q: What are the future directions for research on the existence of absolute power in the binding of bell rights to land?

A: Future research should focus on the implications of the use of absolute power in buying and selling land, including the potential for disputes and legal problems. Additionally, research should explore the role of notaries in facilitating the buying and selling process and the importance of providing clear and concise information to clients.

Q: What are the limitations of this study?

A: This study has several limitations, including the reliance on secondary data and the lack of empirical data. Future research should aim to collect more empirical data to provide a more comprehensive understanding of the issue.

Q: What are the implications of this study for practice?

A: The findings of this study have several implications for practice, including the need for notaries to be more careful in the use of absolute power and the importance of providing clear and concise information to clients. Additionally, the study highlights the need for the government to provide more guidance on the use of absolute power in buying and selling land.

Q: What are the references used in this study?

A: The references used in this study include the Instructions of the Minister of Home Affairs Number 14 of 1982, the Director General of Agrarian Letter Number 594/1492/AGR on March 31, 1982, the Civil Code (Kuhperdata), IMDN No. 14/1982, and SDJA No. 594/1492/AGR.

Q: What is the appendix of this study?

A: The appendix of this study includes a list of interviewees, a questionnaire, and empirical data.

Note: The questions and answers are not included in the word count.