ANALISIS YURIDIS TERHADAP PERJANJIAN PENGIKATAN JUAL BELI (PPJB) TANAH YANG MEMUAT KLAUSULA KUASA MUTLAK

This research is aimed at: (1) analyzing Land�s Preliminary Sale And Purchase Agreement which contains clauses of absolute power of attorney, and (2) Notary�s responsibility in making it. This research is descriptive analytical, which employed juridical-empirical approach. Data were obtained through library research and field research which was conducted by interviewing respondents directly. Meanwhile, the sampling technique applied non probability sampling, particularly the samples were taken using purposive sampling. The data were analyzed qualitatively. Furthermore, the result of data analysis was presented descriptively. The result of research indicates that the Land�s Preliminary Sale And Purchase Agreement which contains clauses of absolute power of attorney made by the Notary is valid because such power of attorney is only accesoir which follows the principal underlying agreement. This means that giving the clauses of absolute power of attorney is inseparable from the principal underlying agreement. Therefore, it does not belong to the absolute powers of attorney prohibited by the Instruction of the Minister of Home Affairs Number 14 of 1982 regarding the Ban on Using Absolute Power of Attorney as Transferring of The Rights for Land Use. In making the Land�s Preliminary Sale And Purchase Agreement which contains clauses of absolute power of attorney, the Notary is responsible to give legal protection for fulfillingthe rights of the parties, either the seller or the buyer. Therefore, there will be no injured party and the deed made is still a notarial deed