Power of Attorney in Indonesia

In Indonesia, Power of Attorney (Surat Kuasa) regulated by the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata [KUH Perdata]). In article 1792, and Article 1796.

Power of Attorney (PoA) separated in two purposes, 

1. PoA for general purposes, according to Article 1795  of the Indonesian Civil Code aims to empower a person to manage the interests of the lastgever in the form of managing the property of the author and all things related to the property. The general point of authority is the management (beherder) of the interests of the authorities. 

2. PoA for specific purposes (Special Power of Attorney). The same article makes it possible to be given specific Powers of Attorney, namely the power to take care of certain interests only. It can be one, two, or more interests at once. In court, this special power is what is practiced in the court of law. The plaintiff's principal or beneficiary must be able to present a letter of authority for a special nature. Judges always check it.

Provisions of Article 1796 of the Civil Code states that the granting of powers which are generally formulated only covers actions involving management. To transfer goods or place a mortgage on them, mediation, or to perform any other act which can only be done by one owner, requires authorization in firm terms. This article is called M Yahya Harahap in his book Civil Procedure Law as the basis of the law of special powers. This power is connected with Article 157 HIR or Article 184 RBg.