Praktik Perjanjian Pengikatan Jual Beli Hak Atas Tanah dengan Kuasa Menjual setelah Pemberi Kuasa Meninggal Dunia (Studi Kasus di Kantor Notaris PPAT SW Kabupaten Jombang)

ABSTRACT

This thesis addresses the legal issue arising when the grantor of a power of attorney for the sale of land passes away before the transaction is finalized in the form of a Deed of Sale and Purchase (AJB). The main objective of this study is to examine the legal standing of the Sale and Purchase Binding Agreement (PPJB) with a power of attorney after the grantor's death at the Notary and Land Deed Official (PPAT) office of SW in Jombang Regency, and to identify the measures taken by the notary or PPAT in response. Based on this, the thesis formulates two research questions: (1) What is the legal position of the PPJB with a power of attorney after the grantor’s death at the Notary/PPAT SW office in Jombang Regency? and (2) What measures are taken by the notary or PPAT SW to follow up on the PPJB with a power of attorney after the grantor’s death?. This thesis uses an empirical juridical method. Data was collected through interviews and observations with Notary SW as the primary source. Primary, secondary, and tertiary legal materials were analyzed using qualitative data analysis techniques. The research findings show that a PPJB accompanied by a power of attorney retains legal force. Even after the grantor's death, PPAT SW can continue the process of drafting the Deed of Sale and Purchase (AJB). The actions taken include verifying the authenticity of the documents and the land status, as well as ensuring that all administrative and substantive requirements are met prior to proceeding with the AJB. The legal implication is that a fully paid PPJB and power of attorney still permit the transfer of land rights, even after the grantor’s death, based on the principle of trust in authentic deeds and the principle of legal certainty.