Analisa Hukum Terhadap Peralihan Hak Atas Tanah Berdasarkan Surat Kuasa yang Kadaluarsa (Studi Kasus Putusan Pengadilan Negeri Medan Nomor: 89/Pdt.G/1985/PN.Mdn)

Abstract

The Power of Attorney for the transfer of rights granted by the Beneficiary has expired but is still used by the Beneficiary acting on behalf of the heirs to transfer the right to another person over the land which the basis of his control is land Grant Sultan Number 265 dated 16 August 1926. After that by the buyer of the land registering its right to the local Land Office so that the land certificate is issued on behalf of others (not the heirs). To know the legal status of a power of attorney given by the heirs to the recipient of the power of attorney in the event of the extent of committing the act of law in accordance with the authority provided by the law provided by the heirs, and also to know the principles according to the law of the law against a deed of release based on an expired power of attorney in registering land rights to obtain a land title certificate.This type of research is normative juridical that describes the review and explain and analyze the normative provisions associated with the research content. The research aimed to examine the rules contained in the object of study being studied without disregarding the facts. Approach method is a normative juridical approach where approach to the problem is done by examining from various aspects of law. this approach is used by looking at the laws and regulations relating to the object of research studies. That the Power of Attorney is not a novelty in Indonesian Legal Procedure, and since its development and increasing legal needs, one has taken advantage of the institution of empowerment. The authorization is initially granted for the benefit of the power of attorney, that it is then given precisely to protect the interests of the holder of power and also that the granting of power to the interests of the holder of power is in practice fulfilled by the form of power of attorney. And in relation to the Field of Agrarian Law, the granting of power is limited by the laws and regulations governing the expiry of the power of attorney.