LEGAL RECONSTRUCTION OF THE POWER OF ATTORNEY TO SELL DEED TO STRENGTHEN LEGAL PROTECTION IN LAND RIGHTS TRANSFERS
This research is motivated by the fact that the practice of using a power of attorney to sell in land transactions has developed as a security measure before the transfer of rights, but in practice it often functions as a substitute for a sale and purchase. This situation creates a conflict between the principle of freedom of contract in the Civil Code and the system of transfer of rights in land law, which requires a deed.Land Titles Registrar (Land Deed Official) and land registration as a constitutive requirement. As a result, a dualism arises between factual control and legal ownership, triggering disputes and legal uncertainty for the parties and public officials. This study uses a normative legal method with a statutory, conceptual, case, and comparative legal approach. The analysis is conducted through an inventory and harmonization of norms to determine the legal status of the power of sale in the civil and land law systems. The results of the study indicate that, first, the power of sale is essentially a representative act within the realm of obligations, so it does not produce material consequences and cannot transfer land rights. Second, the power of sale must be limited to administrative representation and may not be used for the transfer of land rights, in order to ensure legal certainty and prevent legal smuggling. Third, legal certainty is only achieved if the power of sale is positioned as an administrative authority, while the transfer of rights is still carried out through a PPAT deed and land registration, supported by technical regulations and professional supervision to prevent legal smuggling.
Power of Attorney to Sell, Transfer of Rights, Legal Certainty, Land, Notary.