摘要：The Parties Legal Age Limit in Executing a Notary Deed related to Land Sale and Purchased Binding Agreement The act to execute a legal action is one of the requirements needed to legalize an agreement which is set forth in Article 1320 of the Civil Code. Article 330 of the Civil Code determines that the age of 21 is said to be able to execute any legal action. The requirement of the parties legal age limit in a Land Sale and Purchased Binding Agreement is stipulated in Article 39 paragraph 1 letter A concerning the position of Notary number 2 Year 2014 regarding the amendment of law number 30 year 2004 of the law of the position of Notary Law which determines the age of 18 (eight teen), creates legal implications since the Land Sale and Purchased Binding Agreement contain the transfer of right upon the land. All the transfer of right upon the land refers to the legal requirement of the Agrarian Law, however the Agrarian law does not set forth the age limit of the parties, due to that reason there is a conflict of norms between the Civil Code, Agrarian Law and Position of the Notary Law. Based on the above matter, the problem that can be formulated in this study is: legal requirement as adult to execute a legal action in making a Notary Deed which contains the transfer of right upon the land and juridical consequences toward the age limit stipulated in Article 39 paragraph 1 letter A Law number 2 Year 2014 concerning the amendment of Law number 30 year 2004 regarding the position of the Notary in making a Notary Deed which contain the transfer of right upon the land. The research is a normative research. The research is based on the conflict of norms between the Civil Code, Agrarian Law and Position of the Notary Law which set forth the act to execute a legal action. The approaches used in this research are the statute approach, conceptual approach and historical approach. The findings of the research shows that theoretically the legal requirement as adult to execute a legal action in making a Notary Deed, especially the age limit in the Agrarian Law is lex specialis which does not set forth the age limit therefore the requirement in the Position of the Notary Law as legi generalis is applicable. The juridical consequences of the age limit as a requirement to execute a legal action upon the Land Sale and Purchased Binding Agreement in which the parties is said to adult based on Article 39 paragraph 1 letter A of the Position of the Notary Law set forth that the Land Sale and Purchased Binding Agreement is valid and binds as an Authentic Deed.
关键词：The Legal Age Limit To Execute; Notary Deed; Land Sale and Purchased Binding Agreement
Loading...
