Is it Possible to Open a Police Report in Indonesia By Hiring Authorized Attorney?

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By:

Team of Hukumindo

Previously, the Hukumindo.com platform has talk about "The Example of Official Police Report Receipt in Indonesia", read also "How to Open a Police Report in Indonesia?", "What's The Difference Between Police Report and Public Complaint?". And on this occasion we will discuss about 'Is it Possible to Open a Police Report in Indonesia By Hiring Authorized Attorney?'.

Governing Law On Police Report

Article 1 Law Number: 8 of 1981 concerning Criminal Procedure Code ("KUHAP") provides a definition of the Report as follows: "Report is a notification submitted by a person who, because of his rights or obligations under the law, to an authorized official regarding, has or is currently or is suspected of having a criminal event." Those who have the right to submit reports are people who have experienced, seen, witnessed or become victims of events that constitute criminal acts, either orally or in writing.[1]

In relation to this article, then your position as a foreigner who is in Indonesia is as a victim of a crime committed by someone else against you. Procedural law (Law Number: 8 of 1981 concerning Criminal Procedure Code ("KUHAP")) in Indonesia protects you by providing you with the right to report a crime you have experienced to the relevant Police institution.[2] Thus, basically everyone who experiences, sees, witnesses or even becomes a victim of a crime, has the right to report the crime to the Police.

Governing Law on Power of Attorney According to the Civil Code

Article 1792 of the Civil Code reads as follows:[3]

"The granting of power of attorney is an agreement that contains the granting of power to another person who receives it to do something on behalf of the person giving the power of attorney".

The granting of power of attorney is a legal act that originates from an agreement that we often do in our daily lives, for various reasons, in addition to our daily activities as members of a modern society, so that the act of giving or receiving power, needs to be done to solve one or more specific problems. In the provision of power of attorney, there must always be at least 2 (two) parties who are the giver and recipient of the power of attorney, considering that the granting of power is a legal agreement, so for the sake of creating a legal order, the power of attorney must be an adult and legally capable as stipulated in Article 1330 of the Civil Code.[4]

Based on the provisions of Article 1792 of the Civil Code above, some legal matters that are being faced by a person may be delegated to another person based on power of attorney who is an adult and legally capable, including opening a police report. 

Governing Law on Advocates

As stipulated in the law above, an advocate is the one who professionally capable of representing his client for certain matters, including opening a Police Report (LP). Based on Law Number: 18 of 2003 concerning Advocates, legal term of an advocates is "a person whose profession is to provide legal services, both inside and outside the court, who meet the requirements and based on the provisions of the Law on Advocates".[5]

Make sure that the advocate you appoint based on power of attorney is a legitimate lawyer and practicing legally. Pay attention to the provisions of Articles 2 and 3 of Law Number: 18 of 2003 concerning Advocates, there are several legal products related to proving someone as an advocate:[6]

1. Letter of Appointment as an Advocate (Issued by advocate organization); and
2. Certificate of Oath as an Advocate (Issued by Head of the relevant Provincial High Court);
3. Advocate membership card (Issued by advocate organization).

Therefore, the questions above have been answered regarding: "Is it Possible to Open a Police Report in Indonesia By Hiring Authorized Attorney?" The answer is yes. It is allowed by law to appoint an advocate as legal representative to open a Police Report in relevant Police Station in Indonesia. And if you have any difficulties regarding 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

________________

References:

1. "How to Open a Police Report in Indonesia?", www.hukumindo.com., Diakses pada tanggal 5 Februari 2022, https://www.hukumindo.com/2021/10/how-to-open-police-report-in-indonesia.html

2. Ibid.

3. Civil Code.

4. "Mengenal Aturan Pemberian Kuasa Menurut KUH Perdata", www.pphbi.com., Diakses pada tanggal 5 Februari 2022, https://www.pphbi.com/mengenal-aturan-pemberian-kuasa-menurut-kuh-perdata/

5. Law Number: 18 of 2003 concerning Advocates.

6. "How To Check The Validity of Indonesian Advocates?", www.hukumindo.com., Diakses pada tanggal 5 Februari 2022, https://www.hukumindo.com/2021/10/how-to-check-validity-of-indonesian.html