A Power of Attorney Contract is a crucial legal instrument in Indonesian business and personal matters, governed by the Indonesian Civil Code (KUHPer) and related regulations. This document is essential when an individual or entity needs to delegate authority to another party to act on their behalf, whether for specific transactions or general business operations. The POA must be drafted in Indonesian language (with optional English translation), typically requires notarization, and must clearly specify the scope of authority granted. It's commonly used in corporate transactions, property dealings, court proceedings, and international business operations where physical presence of the principal is not possible. The document's format and content must comply with Indonesian legal requirements, including proper identification of parties, clear delineation of powers granted, and appropriate execution formalities.
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1. Parties: Identifies and provides full details of the Principal (pemberi kuasa) and the Attorney (penerima kuasa), including their legal capacity to enter into the agreement
2. Background: Explains the context and purpose for granting the power of attorney
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Appointment and Scope of Authority: Clearly states the appointment of the attorney and details the specific powers being granted
5. Duration: Specifies the term of the power of attorney, including start date and end date or conditions for termination
6. Obligations of the Attorney: Lists the duties, responsibilities, and standard of care required of the attorney
7. Limitations of Authority: Explicitly states any restrictions or limitations on the attorney's powers
8. Revocation: Outlines the conditions and process for revoking the power of attorney
9. Governing Law: Specifies that Indonesian law governs the agreement
10. Language: States that the document is in Indonesian (and English if bilingual), with the Indonesian version prevailing
11. Execution: Contains signature blocks and notarization requirements
1. Substitution Powers: Include when the attorney needs the ability to delegate powers to third parties
2. Compensation: Include when the attorney will receive payment for their services
3. Dispute Resolution: Include for complex POAs where specific dispute resolution mechanisms are needed
4. Reporting Requirements: Include when the attorney must provide regular reports to the principal
5. Insurance and Indemnification: Include when the nature of powers granted carries significant risks
6. Special Powers: Include when specific actions require explicit authorization under Indonesian law
7. Islamic Law Compliance: Include when the POA involves Islamic banking or financial matters
1. Schedule 1 - Identification Documents: Copies of valid identification documents of both principal and attorney
2. Schedule 2 - Specific Powers: Detailed list of specific actions or transactions the attorney is authorized to perform
3. Schedule 3 - Property Details: Details of properties or assets covered by the POA, if applicable
4. Appendix A - Required Forms: Any standard forms or documents required by relevant authorities for registration or execution of the POA
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