Purpose of Empowerment
As an Attorney and Counselor at Law, the author find out most of society do not understand yet the purpose of granting power of attorney ("POA") and the use of it both in everyday life and in the scope of business, corporate, institutions (relating to government agencies including but not limited to licensing, application, etc). To clarify this matter the author explain:
The empowerment (lastgeving) of POA is regulated in Article 1792 & 1793 Civil Law / burgerlijke wetboek as in general explain that the empowerment is a consent and/or agreement which is containing empowerment to other person who accept and approve to act on behalf and in the interest of the grantor.
The POA can be granted and accepted by public deed, private agreement, or verbal and it could occur implicit (a tacit acknowledgement).
As aforementioned, the author conclude that in POA there are 2 (two) parties, namely:
The Grantor, Principal (lastgever)
The Grantee, Proxy (lasthebber)
The empowerment take place if:
The principal delegate the proxy or to be representative to manage their interest, in accordance with the purpose and authority specified in POA.
Thus the principal fully empowered the proxy to act or to be representative to the third party for and on behalf the principal.
Therefore the principal is fully be liable for all deeds caused by the proxy as long as those deeds do not exceed what is specified in POA.
The provision stated in POA were not in standards form (which have been determined), if the parties desired, it could be agreed upon other than outlined in the law, in accordance with the principle freedom of contract i.e. the parties desired the POA is irrevocable. This is possible because the articles stated in agreement tend to regulated (aanvullend recht).
Author's Note 1 Discuss with the right person before choosing a proxy or to empower someone to become one, talk to your Lawyer or Attorney.
Author's Note 2 Ask if the Lawyer or the Attorney have their license to know the difference, otherwise you talk to the wrong person.
Author's Note 3 Review the POA one more time, error in stating the identities and what matters to do before signing could be fatal, choosing a proxy could be little tricky especially in important matter, it could be from their background or trust issues but what most important is their "integrity" to take responsibility to do their job for you.
Author's Note 4 To make it less confused the author explained: Lawyer: someone with law background; Attorney: profession, someone with law background holding a license which allow him/her appeal before the court.
*Please note that articles used in this article is according to Indonesia Law
*Please note that this article is based from author's legal point of view
Author: Andre Putra Jadnya, S.H., M.H.
R. Subekti, R Tjitrosudibio, Kitab Undang-Undang Hukum Perdata, Pradnya Paramita, Jakarta, Cet. 25.
M. Yahya Harahap, 2017, Hukum Acara Perdata, Sinar Grafika, Jakarta.
Putusan MA No. 331 K/Sip/1973, tgl 4-12-1975, Rangkuman Yurisprudensi (RY) MA Indonesia, II, Hukum Perdata dan Acara Perdata, Proyek Yurisprudensi MA 1997.
Putusan MA No. 731 K/Sip/1975, tgl 16-12-1976.