Farid, Farid (2017) REKONSTRUKSI PENGGUNAAN KUASA MUTLAK DALAM PEMINDAHAN HAK ATAS TANAH BERDASARKAN NILAI KEADILAN. Doctoral thesis, Fakultas Hukum UNISSULA.
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Abstract
Absolute letter of autonomy as it was prohibited by number 14 year 1982 is a kind of agreement law that is agreement of attorney given. The definition of agreement according to section 1313 Book of Procedure of Civil Law (KUH Perdata) mentioned that an act of one or more to relate one to another. Therefore, agreement is the same view point between two parties or more to gain a certain thing. An agreement is treated legal if there fulfil the conditions as organized in section 1320 Book of Procedure of Civil Law, there are : 1. there is agreement; 2. capability; 3. certain thing; 4. legal reason. In agreement law there was free contact principality that means everyone is free to make any agreement desired in any from, as long as in accordance with Law, ethics and public orderliness (Section 1337 Book of Procedure of Civil Law). This case was reflected in section 1338 Book of Procedure of Civil Law. From that definition can be concluded that everyone is free of any form and also certain formality in making an agreement, either agreement of attorney given agreement. That definition of attorney given agreement according to section 1792 Book of Procedure Civil Law is an agreement which someone gives power to someone else who receives it, on behalf of him/ her to conduct a business. In Book of Procedure of Civil Law, is only known two forms agreement of attorney given such as : 1 general attorney given; 2. specific attorney given. According to section 1795 Book of Procedure of Civil Law, specific attorney is concerns of one or more importance; while general attorney given covers all desires attorney giver. Agreement of absolute attorney given was not organized in Book of Procedure of Civil Law, but is was organized in R.v. even supreme Court of Indonesia in several judgments has claimed that letter of absolute attorney as a habit which has been admitted and accepted by society (best ending). Although there was no rule of letter of absolute attorney in Book of Procedure of Civil Law, but the existence is not prohibited by Book of Procedure of Civil Law and not against of section 1320 Book of Procedure of Civil Law for legal condition of agreement, so that the law is legal. From the result of research committed juridical, it is can be concluded that letter of absolute attorney as mentioned in Home affair Minister Instruction (Inmendagri) number 14 / 1982, it was not against with section 1320 Book of Procedure of Civil Law and because of that Home Affair Minister Instruction number 14 / 1982 which organizes about absolute attorney ban usage as right transfer on land is no legal force tied to the third party. Therefore, suggested to reconsider its existence. Key word : Minister Instruction number 14 1982, ban absolute ottorney, Transfer on land.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 30 Jan 2018 01:55 |
| Last Modified: | 30 Jan 2018 01:55 |
| URI: | http://repository.unissula.ac.id/id/eprint/9845 |
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