Akta Perikatan Hibah dan Akta Kuasa Hibah dalam Sistem Hukum Pertanahan di Indonesia

Abstract

This research discusses how land law is regulated in Indonesia in regards to obligation deeds and power-granting deeds? and what is the validity of the transfer of land rights based on the obligation deed and power-granting deed? This is a normative juridical research using conceptual and statutory approaches that utilised secondary data which were then analyzed using a qualitative method, namely research procedures that produce descriptive data. The results of this research indicate that there is no article in a statutory regulation that specifically regulates the preparation of deeds of engagement and deeds of power of attorney. Therefore, the use of obligation deeds and power-granting deeds as support or bridge to the making of grant deeds by PPAT is permitted. The making of these two deeds is permitted as long as the process of making them complies with statutory regulations, including the Civil Code, UUJN, and UUJN Amendments. The validity of a transfer of land rights over a grant is influenced by whether or not the obligation deed or the power-granting deed is valid. Whether the obligation deed and power-granting deed are valid refers to ithe process of making them which must comply with Article 1320 of the Civil Code on the conditions for the validity of an agreement. This is because the obligation deed and power-granting deed can be categorized as agreements