Abuse of Power in Land Sale and Purchase Agreements and Its Legal Impact

Abstract

Land is a strategic asset with high economic, social, and legal value, so that every transfer of land rights must be carried out legally and guarantee legal certainty. In land sales and purchases, granting power of attorney is often used to facilitate the implementation of legal acts. However, this power of attorney relationship, which is based on the principles of trust and good faith, often gives rise to legal problems due to abuse of authority by the recipient of the power of attorney. Abuse of power of attorney in a land sale and purchase agreement has the potential to create a defect in will, violate the principle of good faith, and disrupt the validity of the agreement and the transfer of land rights. This study aims to analyze the abuse of power of attorney in a land sale and purchase agreement from a conceptual and legal perspective, and to examine its legal impact on the validity of the agreement and legal protection for the parties. The research method used is normative juridical with a statutory and conceptual approach, and uses primary, secondary, and tertiary legal materials. The results of the study indicate that abuse of power of attorney is a legal defect that can result in the land sale and purchase agreement being void or being canceled, and creates legal uncertainty regarding the transfer of land rights and certificates. Therefore, it is necessary to clarify the limits of power of attorney, apply the principle of prudence, and have an active role for PPAT and judges to guarantee legal protection and legal certainty in land sale and purchase transactions.