Trisaka, Agus
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VALIDITAS PERJANJIAN PENGIKATAN JUAL BELI SEBAGAI DASAR TERUTANGNYA BEA PEROLEHAN HAK ATAS TANAH DAN BANGUNAN Faadiyah, Naflah; Syaifuddin, Muhammad; Trisaka, Agus
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol 13, No 1 (2024): Mei 2024
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v13i1.3577

Abstract

Law Number 1 of 2022 concerning Financial Relations between Central Government and Regional Governments and Government Regulation Number 35 of 2023 concerning General Provisions of Regional Taxes and Regional Levies amend the provisions on the due date of Acquisition fee Rights to Land and Buildings (BPHTB in Indonesia). One of the changes is that in sale and purchase transaction, BPHTB is due at the time Conditional Sale and Purchase Agreement (PPJB in Indonesia) is made and signed. The determination due date of BPHTB at the time of PPJB gives rise potential violation of transfer/acquisition of rights to land and buildings principle, which must go through the process of factual submission and juridical submission by signing the Deed of Sale and Purchase (AJB in Indonesia) before the Land Deed Official (PPAT in Indonesia). This research discusses the validity of PPJB, which serves as the basis for the due date of BPHTB for sale and purchase transactions. This research is a normative legal study with a statutory, conceptual, and theoretical approach. The research is conducted by analyzing primary, secondary, and tertiary legal materials. Based on the research results, it can be concluded that PPJB is only a preliminary conditional agreement and not a valid basis for the transfer/acquisition of rights to land and buildings. Therefore, using PPJB as the basis of due date of BPHTB is not appropriate because BPHTB, according to Article 1 number (37) of Law No. 1 of 2022, is a tax on acquisition of rights to land and buildings. This also constitutes a violation of transfer/acquisition of rights to land and buildings principle, causing injustice to taxpayers who have been charged BPHTB even though they have not legally acquired the transfer of rights to land and buildings.
PERALIHAN HAK TANAH DENGAN MENGGUNAKAN AKTA KUASA MUTLAK SEBAGAI TINDAK LANJUT PERJANJIAN PENGIKATAN JUAL BELI TANAH Yanti, Yosita Erva; Trisaka, Agus
Repertorium: Jurnal Ilmiah Hukum Kenotariatan Vol 12, No 2 (2023): November 2023
Publisher : Universitas Sriwijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/rpt.v12i2.3335

Abstract

Transfer of Land Rights Using Deed of Absolute Power of Attorney as a Follow-up to the Agreement on Sale and Purchase of Land is an absolute power of attorney allowed as a follow-up to the binding agreement of sale and purchase (ppjb), where the making of a deed of binding agreement of sale and purchase (ppjb) as a preliminary agreement in the presence of a notary with the aim of providing protection for the parties so that the prospective seller does not transfer the object of sale and purchase to another party and the prospective buyer does not cancel the sale and purchase agreement to be made between the two. Of course, as a Notary, you must be careful not to let the prospective buyer be a foreign national. The absolute power of attorney received by the buyer from the seller is to be able to act alone to go through the next process, for example turning the name before the PPAT. Legal protection of Notary in the making of absolute power of attorney deed as a follow-up to the agreement of binding sale and purchase (PPJB) of land rights has been in accordance with the laws and regulations and the code of ethics of Notary. Settlement of legal disputes in the PPJB of land rights using absolute power of attorney deed as a follow-up to the agreement of binding sale and purchase (PPJB) of land rights is by deliberation and court. Dispute resolution in the deed if generally resolved in the Court in the city concerned, but if it is not too complicated, it is resolved by deliberation.Keywords: Transfer of Rights, Deed of Absolute Power of Attorney, Sales and Purchase Agreement