You need to know a sample power of attorney to make it easier for you to take care of various bureaucratic interests when you are unable to attend.
With this power of attorney, your business can continue to be carried out thanks to a third party who is mandated to take care of your interests.
So, for those of you who are interested in making one, let's look at an example of a power of attorney in the following article, OK?
1. What is Power of Attorney?
Before we get into the main discussion regarding examples of power of attorney, it's good if we know in advance what a power of attorney is.
A power of attorney is a document regarding the granting of power or authority from one person to another. A power of attorney is often used to take care of administrative and bureaucratic matters when the maker of the letter is unable to attend or cannot do it himself.
Power of attorney made is generally given to designated third parties such as family, closest relatives, lawyers, or other people who are mandated to carry out a legal action such as financial affairs, medical actions, property matters, and so on on behalf of the power of attorney.
1.1 Characteristics of Power of Attorney
There are several special features that distinguish between a power of attorney and an ordinary letter. Following are the characteristics of a power of attorney.
1. Using standard and formal language.
2. The language used must be easy to understand.
3. Filled with a statement of the transfer of power or authority from the person giving the power of attorney to the designated party to do something.
4. The contents of the letter must be clear, concise, and in accordance with the purpose for which it was made.
2. Type of Power of Attorney
Reporting to Hukumonline.com, examples of power of attorney are divided into 2 types based on their contents, namely general power of attorney and special power of attorney. The differences and explanations between the two are as follows.
2.1. General Power of Attorney
The general power of attorney has a legal basis that refers to Article 1796 of the Civil Code which reads:
"The power of attorney which is formulated in general only includes actions related to management. To transfer goods or place a mortgage on it, to make a settlement, or to take other actions that can only be done by an owner, a power of attorney is required with firm words.
From the existence of the legal basis above, it can be concluded that what is meant by a general power of attorney is a letter that is intentionally made for a designated party in managing the interests of the person making the power of attorney in general.
Therefore a general power of attorney cannot be used as a basis for transferring objects or actions that can only be carried out by the owner, or representing the person giving the power of attorney before the court.
As for the example of a general power of attorney as explained by Yahya Harahap in his book entitled Civil Procedure Law, where a manager acting on behalf of a Limited Liability Company (PT) based on the power of attorney of the Director of PT, cannot file a lawsuit in court if the power of attorney given is a letter general power, not special. This is in accordance with the rules stated in Article 123 HIR pages 6-7.
2.2. Special Power of Attorney
A special power of attorney has a legal basis that refers to Article 1795 of the Civil Code which reads:
"The authorization can be carried out specifically, namely only regarding a particular interest or more, or in general, namely covering all the interests of the authorizing agent."
From the existence of this information, it can be concluded that what is meant by a special power of attorney is a letter in which it has been stated what actions may be taken by the power of attorney or a third party who is mandated to do something.
Such as transferring goods or mortgages, making peace, or other actions that can only be done by that person or the owner. With a power of attorney, this requirement can be carried out by a third party that has been mandated.
An example of the use of a special power of attorney includes, among other things, a power of attorney for taking BPKB where the letter is made to collect the BPKB of a motorized vehicle owner who is unable to attend. This letter is generally addressed to the leasing party or finance company.
Sample Special Power of Attorney
1. Power of attorney for inheritance
2. Power of attorney to collect BPKB motorized vehicles
3. Power of attorney for the sale and purchase of land
4. Power of attorney to collect debts
5. Power of attorney for the purpose of arranging a marriage certificate
6. Power of attorney to manage the company
7. Other special power of attorney which is deliberately made to take care of a special interest
2.3. Power of Attorney Components
A power of attorney cannot be made arbitrarily, you must pay attention to the following important components so that an existing power of attorney can be said to be 'valid'.
1. Title of power of attorney
2. Time and location are created
3. Opening sentence
4. Identity of the attorney (name, position, place, date of birth, KTP number, address, etc.)
5. Identity of the proxy (name, position, place, date of birth, KTP number, address, etc.)
6. Matters relating to the type of duties and authority given to the party receiving the power of attorney
7. Cover power of attorney
6. Signature on stamp duty
Keep in mind, the existing power of attorney must be arranged as neatly as possible and made using standard and formal language. Meanwhile, to prevent rejection, the existing power of attorney should be accompanied by original documents or identification of the authorizing agent, such as KTP, SIM card, and so on.
3. Examples of the Most Frequently Used Power of Attorney
After you know what a power of attorney is and its types, then let's discuss examples of the power of attorney that are commonly used.
3.1. Power of Attorney for Collecting BPKB
The first example of a power of attorney is a power of attorney for taking BPKB. This letter is used to collect the BPKB of the original owner who is represented by another person due to an obstacle or other factor.
This power of attorney is generally intended for finance companies that use BPKB as one of the requirements for borrowing cash.
3.2. Power of Attorney for Withdrawing Money
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The second example of a power of attorney is a power of attorney made for withdrawing money at a bank. This document is created when the person concerned as the owner of the account is unable to attend for some reason.
3. Power of Attorney of Heirs
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A power of attorney for heirs is an example of another power of attorney that you need to know about when planning to sell inherited land or houses but the location is far from your place or unable to attend at the appointed time. In other words, you can send someone else to take care of buying and selling existing assets through a statement of heirs in the power of attorney.
4. Land Power of Attorney
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Unlike the inheritance power of attorney, the land power of attorney is generally made to transfer the authority of the property owner to an agent or broker to sell the existing property. That way the property has the right to act on your behalf during the buying and selling process.
5. Power of Attorney to Extend STNK
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In addition to the four existing examples of the power of attorney, a power of attorney is also often used to renew an STNK when the owner of the STNK is unable to attend or has urgent business.
6. BPJS Kesehatan Power of Attorney
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BPJS Kesehatan's power of attorney is often used to take care of various purposes related to BPJS Kesehatan, such as registration and auto-debit dues.
7. Power of Attorney for Retrieval of Pension Funds at the Bank
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Apart from withdrawing money, the power of attorney is also used to withdraw pension funds at the bank.
8. Power of Attorney for Diploma Retrieval
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The power of attorney can also be used to take a diploma. As is the case with power of attorney in general, this power of attorney needs to include supporting documents such as the identity of the power of attorney and a signature on stamp duty.
BFI friends, those are some examples of the power of attorney that are commonly used for various needs. Whatever type of power of attorney you are going to make, make sure to make it as neat as possible, and don't forget to include the original personal document and signature on stamp duty to avoid rejection or data errors.
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