LEGAL REMEDIES FOR LAND BUYERS FOR LEGAL SELLING AND BUYING BASED ON A POWER OF SELLING POWER MADE WITHOUT LAND OWNER'S KNOWLEDGE

Abstract

The sale and purchase of land based on a power of attorney to sell is considered valid if it is carried out in accordance with Article 1457 of the Civil Code. This study aims to determine whether a power of attorney to sell can be made without the knowledge of the land owner and for the buyer how legal remedies regarding the sale and purchase of land based on the power of attorney to sell without the knowledge of the land owner. This type of research is normative juridical based on statutory regulations equipped with theory and literature to answer the problems studied with the statute approach and  deductive legal material analysis. The results of research based on Article 1792 of the Civil Code, deed of Power of Attorney to Sell cannot be made without the knowledge of the land owner and the buyer can sue for the act of a Notary / PPAT which violates the procedure of the Notary Position which is not in accordance with Article 16 letter m of Law Number 2 of 2014 concerning  Amendments to the Law Number 30 of 2004 concerning the Position of Notary Public.