The Practice of Letter of Attorney in Land Sales

Abstract

The research with the title the Practice of Letter of Attorney in Land Sales is a normative study conducted in Bantul Regency by taking resource persons of Notary-Conveyor in the Bantul Regency. The results of the study were analyzed descriptive-qualitatively. Based on the results of the research, there were several reasons for making a power of attorney to sell in land sales was because the requirements for the sale and purchase of Land Title Deed are not complete but the price has been paid in full, or because the seller cannot attend the sale certificate before Land Deed Official (Conveyancer/PPAT). Therefore, in order to provide a guarantee to the buyer, a Sales and Purchase Agreement is made which is accompanied by a Power of Attorney of Selling. The seller cannot attend directly to sign the sale and purchase deed before the Land Deed Official and also because the purchased land will be sold to another party. The power of attorney to sell relating to the Sales and Purchase Agreement is included in the Sales and Purchase Agreement deed whose purpose is to sell to himself (recipient of the power of attorney) as the buyer who has already settled, while the ordinary power of attorney is made separately to sell to other people who are basically intended to represent seller for various reasons the seller cannot attend to sign the sale and purchase deed directly before the Conveyancer. The legal strength of the power of attorney to sell with paid off within Sales and Purchase Agreement Lunas is strong, because the power of attorney to sell is basically to provide legal protection to the recipient of the power of attorney, that is, the buyer who has paid in full the land price, so that the sale and purchase has already occurred. Whereas the power of attorney to sell to other people is basically really intended to represent the seller, the risk resulting from the sale and purchase remains the responsibility of the seller.