KONSEP DAN PENYELESAIAN SENGKETA PENYALAHGUNAAN KUASA MUTLAK DALAM PERJANJIAN JUAL BELI TANAH

Abstract

In essence, absolute power is a legal concept that pivots on granting power to carry out legal acts on the orders of the power giver. Abuse of absolute power in land agreements often raises problems related to legal smuggling efforts in obtaining land. This is due to the parties lack of understanding regarding absolute power, resulting in conflicts of interest. The purpose of this research is to seek and deepen understanding of the concept of absolute power, followed by an examination of land agreement dispute resolution relating to absolute power. This research utilizes normative juridical methods accompanied by data collection techniques through literature study or document study based on primary, secondary, and tertiary legal materials. Then, the legal data is processed using a qualitative approach and concluded using inductive reasoning techniques. Based on the results and discussions that have been presented, absolute power in land agreement is valid, as long as it does not stand alone, and does not take the form of a transfer of land rights. Meanwhile, the existence of absolute power of attorney in land agreements still needs to be maintained after the Minister of Home Affairs Instruction Number 14 of 1982, as long as the aims and interests of establishing an absolute power of attorney do not conflict with national interests.