SURAT KUASA KHUSUS

Summary

In this video, the concept of a special power of attorney used in civil court proceedings is explained. The script covers the legal foundation for granting power of attorney, as outlined in the Indonesian Civil Code (Articles 1792–1819). It distinguishes between special and general powers of attorney, emphasizing that in civil court cases, a special power of attorney is required, which must be in writing. The video explains the essential components of such a document, including the identities of both parties, the scope of authority, and its legal validity. It also mentions the role of the advocate or family member as the recipient of the power of attorney in legal proceedings.

Takeaways

• 😀 The legal basis for a special power of attorney is found in Articles 1792 to 1819 of the Indonesian Civil Code (BW).
• 😀 A power of attorney is an agreement between two parties: the giver (pemberi kuasa) and the recipient (penerima kuasa).
• 😀 Power of attorney is governed by the law of agreements (perikatan) and must meet the criteria for valid contracts.
• 😀 A power of attorney can be granted in written (notarized or private) or verbal forms, and it may be accepted implicitly through action.
• 😀 The Indonesian Civil Code distinguishes between two types of power of attorney: special (kuasa khusus) and general (kuasa umum).
• 😀 Special power of attorney is used in civil litigation and authorizes an attorney to act on behalf of a party in a specific legal matter.
• 😀 The special power of attorney must be presented before the court to ensure the legitimacy of the representation in a civil trial.
• 😀 The recipient of a special power of attorney in civil cases is typically a sworn advocate or, in some cases, a family member (incidental power).
• 😀 Key components of a special power of attorney include a title, identities of the giver and recipient, the scope of authority, and signatures.
• 😀 A special power of attorney must be signed by both parties and stamped with a legal seal (materai) to be legally valid.
• 😀 The knowledge of the special power of attorney is essential for students of law, especially for those engaged in practical legal training and litigation.

Q & A

What is the primary topic discussed in the transcript?

The primary topic discussed is the concept and legal basis of a special power of attorney used in civil court proceedings.

Which law provides the legal foundation for a power of attorney in Indonesia?

The legal foundation for a power of attorney in Indonesia is found in Articles 1792 to 1819 of the Civil Code (Kitab Undang-Undang Hukum Perdata, BW).

What are the key elements of granting power of attorney as outlined in the script?

The key elements include two parties (the giver and the recipient of the power), mutual consent, and the granting of authority for specific legal actions.

What distinguishes a special power of attorney from a general power of attorney?

A special power of attorney is granted for specific tasks or legal matters, while a general power of attorney covers a broader range of activities related to management or affairs.

What is the purpose of a special power of attorney in court proceedings?

A special power of attorney allows a representative, usually an attorney or a family member, to act on behalf of a party in a civil court proceeding, ensuring legal representation.

What are the requirements for a special power of attorney used in court proceedings?

The requirements include having a title indicating it is a special power of attorney, the identities of both the giver and the recipient, a clear statement of the purpose or issue at hand, and the signature of both parties, often with a stamp duty.

How is the special power of attorney verified in court before a trial begins?

Before the trial starts, the court will examine the special power of attorney submitted by the parties to ensure its legitimacy and that the appointed representative has the legal authority to represent them.

Can a special power of attorney be given orally, or must it always be in writing?

According to the Civil Code, a special power of attorney can be granted in writing (either authentic or underhand) or orally, though written forms are typically preferred in legal proceedings.

Who can be appointed as the recipient of a special power of attorney in court cases?

The recipient can be an advocate who has taken an oath, or in certain cases, a family member of the person granting the power.

What is the role of the judge regarding the special power of attorney in court?

The judge’s role is to verify the legitimacy of the special power of attorney presented by the parties before allowing the trial to proceed. This ensures the proper legal authority of the representative in the case.