The use of Power of Sale in the community is increasingly widespread and
its existence is based on Article 1790 of the Civil Code by fulfilling the terms of
the agreement in Article 1320 of the Civil Code. The use of Power of Sale which is
regulated in Article 1790 of the Civil Code and must fulfill the terms of the
agreement in Article 1320 of the Civil Code is the basis of the agreement in the
dispute in Decision No. 8/Pdt.G/2021/Pn Bms. Where the Plaintiff used the Power
of Sale to sell the land object to the Power of Attorney with the intention of legal
smuggling. This requires further research into the position of Power of Sale in
Indonesian treaty and statutory law (Study of Decision No. 8/Pdt.G/2021/Pn Bms)
and whether the Power of Sale can be the basis for the transfer and replacement
of land rights (Study of Decision No. 8/Pdt.G/2021/Pn Bms). The research method
used in this research is normative juridical research with a statutory approach.
The research data used are primary, secondary, and tertiary legal materials. This
research uses a literature study data collection method and then compiled
descriptively. Based on the research, it is found that Power of Sale has a strong
position in the Law of Agreement and is contained in Articles 1320 and 1790 of
the Civil Code. The Power of Sale made by the Plaintiff and the Power of Attorney
based on Decision No. 8/Pdt.G/2021/Pn Bms cannot be the basis for the transfer
of land rights because it does not fulfill Article 1320 of the Civil Code.