How to Execute Power of Attorney From Abroad to Indonesia Territory?

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "How To Re-obtain The Land Assets That We Bought In The Name of Someone Else In Indonesia?", "What Legal Ties Underlie The Relationship Between The Client and The Lawyer?" read also: "How To Check The Validity of Indonesian Advocates?" and on this occasion we will discuss about ''How to Execute Power of Attorney From Abroad to Indonesia Territory?"

Sir, I am an Indonesian migrant worker currently working in Hong Kong. I want to file a lawsuit against my spouse in Religious Court X and intend to use the services of an advocate, how do I give a power of attorney without having to go back to Indonesia first?

Requirements For a Valid Power of Attorney Signed Abroad

The decision of the Supreme Court of the Republic of Indonesia No.: 3038 K/Pdt/1981 dated September 18, 1986, gave the following decision: "The validity of a power of attorney made abroad in addition to meeting formal requirements must also be legalized first by the relevant Indonesian Embassy".[1]

Thus, there are two variables that are conditions for the validity of the said power of attorney. The first is according to the provisions of Article 123 paragraph (1) HIR and Circular Letter of the Supreme Court (SEMA) Number: 1 of 1971 Jo. Circular Letter of the Supreme Court (SEMA) Number: 6 of 1994, namely:[2]

• In written form;
• Mention relative competence;
• State the identity and position of the litigants;
• State the type of object and the disputed case.

The second requirement is to meet additional provisions in the form of legalization, by:[3] 

• The relevant Indonesian Embassy.

Thus, the legal requirements for a power of attorney made abroad are the same as those made in Indonesia, and as an additional provision, is an obligation to legalize with the relevant Embassy of the Republic of Indonesia abroad. with the fulfillment of these two conditions, the power of attorney that you sign and send to Indonesia from abroad becomes valid for use in the jurisdiction of Indonesia.

So, a practical solution in handling cases like this, you as a client of an advocate in Indonesia submit your personal data and other documents to the advocate you have chosen to make a Power of Attorney. Then the advocate will draft a specific power of attorney that will be sent to you, whether it's using e-mail, WhatsApp or Telegram. Then you print the power of attorney and sign it. The next thing you have to do is go to the Indonesian Consulate General (KJRI) in Hong Kong to ask for the legalization of the said power of attorney. After legalization, you can send the power of attorney to the lawyer's office you have chosen in Indonesia. Simply put, that's how to Execute Power of Attorney From Abroad to Indonesia Territory. Thus, you do not need to go back to Indonesia first to give authorized a power of attorney to the advocate you have chosen.

After your power of attorney is received in Indonesia by the advocate you have chosen, it is his duty to then carry out legalization in Indonesia. Legalization in Indonesia that needs to be done includes the Ministry of Law and Human Rights, and the Ministry of Foreign Affairs.[4] And according to the author source who works at one of the embassies of a friendly country in Jakarta, it is necessary also to legalize the above mentioned document to the State Representative where the power of attorney is made.

Stamp Duty on Documents From Abroad To Be Used In Indonesia Territory

How about the stamp duty provisions? To answer that, let's take a look at Article 9 Jo. Article 10 of Law Number 13 of 1985 concerning Stamp Duty (“Stamp Duty Law”) which reads:[5]

"Article 9 of the Stamp Duty Law: "Documents made abroad when used in Indonesia must have been paid for the Stamp Duty owed by means of subsequent sealing". 

Elucidation of Article 9 of the Stamp Duty Law: 'Documents made overseas are not subject to Stamp Duty as long as they are not used in Indonesia. If the document is to be used in Indonesia, it must first be affixed with a stamp duty, the amount of which is in accordance with the tariff as referred to in Article 2 by way of sealing later without fines. However, if the document has only been paid the Stamp Duty after it is used, then the sealing is then carried out along with a fine of 200% (two hundred percent)'.

"Article 10 of the Stamp Duty Law: "The subsequent sealing of the documents as referred to in Article 2 paragraph (3), Article 8, and Article 9 is carried out by the Postal Officer according to the procedure stipulated by the Minister of Finance".

Furthermore, in accordance with Article 1 of Government Regulation Number 24 of 2000 concerning Changes in Stamp Duty Rates and the Limit on Imposition of Nominal Prices Subject to Stamp Duty ("PP 24/2000") which reads: "Documents subject to Stamp Duty based on Law Number 13 of 1985 regarding Stamp Duty are documents in the form of:[6]

1. Agreements and other documents made with the aim of being used as a means of proof regarding actions, facts or circumstances of a civil nature;
2. ..."

Thus, Power of attorney is included in the provisions of Government Regulation Number 24 of 2000 concerning Changes in Stamp Duty Rates and the Limit on Imposition of Nominal Prices Subject to Stamp Duty (“PP 24/2000”), and regarding how to affix it, it is carried out by the Postal Officer according to the procedure stipulated by the Minister of Finance as stipulated in Article 10 of Law Number 13 of 1985 concerning Stamp Duty (“Stamp Duty Law”) as mentioned above. And if you have any issue with this topic, contact us, feel free in 24 hours, we will be glad to help you.

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

_________________

Reference:

1. "Syarat Sahnya Surat Kuasa Dibuat Diluar Negeri", www.advokatmedan.com., diakses pada tanggal 20 Januari 2022, https://www.advokatmedan.com/2021/05/syarat-sahnya-surat-kuasa-dibuat-diluar-negeri.html

2. Ibid.

3. Ibid.

4. "Surat Kuasa Dibuat di Luar Negeri, Haruskah Dibubuhi Meterai Indonesia?", www.hukumonline.com., Diakses pada tanggal 20 Januari 2022, https://www.hukumonline.com/klinik/a/perlukah-dokumen-asing-dilegalisasi-di-kbri--lt60053590761ab

5. "Pembubuhan Meterai Indonesia pada Surat Kuasa yang Dibuat di Luar Negeri", asosiasiadvokatindonesia.id., Diakses pada tanggal 20 Januari 2022, http://asosiasiadvokatindonesia.id/pembubuhan-meterai-indonesia-pada-surat-kuasa-yang-dibuat-di-luar-negeri/

6. Ibid.