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All Journal Jurnal Hukum dan Pembangunan Ekonomi Authentica : Privat Law Journal
RIRIS ARDHANARISWARI
Jenderal Soedirman University
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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DEED OF SALE AND PURCHASE IN PRUDENTIAL PRINCIPLE APPLICATION BASED ON AN ABSOLUTE POWER OF ATTORNEY (STUDY DECISION NUMBER: 2255 K/PDT/2014) GINA FELISSIMO HALEVI; TRI LISIANI PRIHATINAH; RIRIS ARDHANARISWARI
Authentica Vol 6, No 2 (2023)
Publisher : Notary Master Programe, Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.atc.2023.6.2.393

Abstract

The displacement of land rights through sale and purchase is required to be carried out before the PPAT either directly by the parties or by the attorney given power, the party which has been given the power of attorney by the land owner (seller) or by the buyer with a power of attorney to sell, made before a Notary, however, power of attorney for selling can be the basis for buying and selling land as stated in the Instruction of the Minister of Home Affairs Number 14 of 1982 concerning the Prohibition of Absolute Power of Attorney as a Transfer of Land Rights issued on March 6 1982, to that, a Notary /PPAT must take an attentive action in the land sales process, despite the fact that the Notary/PPAT does not fully implement the principle of prudence, in addition, the legal validity of the Deed made is questionable. The formulation in this research is: (1) What is the validity of the use of an absolute power of attorney made by a notary in making a land sale and purchase deed? (2) How is the Precautionary Principle applied to the Preparation of Sale-Purchase Deeds by PPAT? This research was conducted using a normative juridical method with a statutory approach and a conceptual approach. The research specification used is an analytical perspective, such as describing and analyzing facts through a statutory approach. The source of legal materials use library research data techniques based on research results. Notaries/PPATs in carrying out their duties and authority must always use the principle of prudence and either PPAT in making authentic deeds should be based on absolute power of attorney and the validity of the power of attorney, in which PPAT should have rejected from the start because absolute power of attorney is prohibited in the land buying and selling process.Keywords: Precautionary principle; Notary/PPAT; Absolute power of attorney.
Who Should Be Involved: Unravelling the Concept of ‘Interest in Content Material’ in the Establishment of Laws in Indonesia Fathimah Azzahro; Riris Ardhanariswari; Muhammad Fauzan; Enny Dwi Cahyani; Tenang Haryanto
Jurnal Hukum dan Pembangunan Ekonomi Vol 14, No 1 (2026): Jurnal Hukum dan Pembangunan Ekonomi
Publisher : Program Pascasarjana Fakultas Hukum Universitas Sebelas Maret Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/hpe.v14i1.115410

Abstract

Article 96 of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 on the Establishment of Legislation (hereinafter referred to as the Law 13/2022).  requires the involvement of interested parties concerning the content matter without clear criteria, resulting in inconsistent selection and weighting of inputs. This study develops a framework of 'interest in content material' as a measure of participation quality as a novelty because no similar research has been concusted before. Given this urgency, this research aims to analyze the institutionalization of public participation and the regulation of stakeholder involvement in law-making in Indonesia, as well as to construct an ideal regulation of the phrase 'interest in content matter' regarding stakeholder involvement in the formulation of laws in Indonesia. This is a normative legal study that employs a conceptual approach, a statutory approach, and a comparative approach. The research results indicate that public participation, particularly the involvement of stakeholders in the formation of legislation, should guarantee the right to provide input at every stage; however, the mechanism is merely formal. Although Law 12/2011 explicitly guarantees space for stakeholders who have an interest in the substance of regulations, its implementation is hindered by three factors: difficulties in identifying groups with substantial interests, lack of transparency in the consultation process, and limited access and capacity of the public, resulting in participation often being symbolic.
Co-Authors Enny Dwi Cahyani Fathimah Azzahro GINA FELISSIMO HALEVI Muhammad Fauzan Tenang Haryanto Tri Lisiani Prihatinah