Ready to use legal template

Drafted by experienced lawyers

Compliant with Indonesian law

Ready to use legal template

Drafted by lawyers

Compliant with Indonesian law

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Learn more about Power of Attorney in Indonesia

In Indonesia, a power of attorney is a crucial document that allows one individual to grant another the authority to act on their behalf in legal and financial matters. Themis Partners provides a comprehensive template that meets the specific legal requirements of Indonesia, ensuring that your representation is valid and effective. This template is invaluable for those needing to authorize actions while they are unavailable, and includes all necessary legal formalities. For international dealings, the power of attorney can be legalized at an Indonesian Embassy or Consulate, guaranteeing its acceptance within Indonesia. With Themis Partners, you can delegate with confidence, supported by our expertise and attention to detail.

Table of contents


What is a Power of Attorney in Indonesia?

A Power of Attorney (POA) is a document that authorizes an individual, agency, or organization to make decisions about the owner’s property on their behalf. The POA will effectively grant the individual limited, or complete, jurisdiction over the aforementioned properties or assets. POA serves as a convenience tool for persons who live outside the nation and require someone they can trust to handle their assets (including properties) locally. This is because it makes no sense for owners to go back and forth on a frequent basis solely to sign paperwork. Remember that people to whom you give the POA do not become the owner of your properties.They are only authorized to administer the properties on your behalf.They cannot inherit or pass on an inheritance, modify an existing will, change a beneficiary, or issue power of attorney to someone else on your behalf.

When to use a Power of Attorney?

The power of attorney can be used for a variety of purposes. The grantor has control over the extent and scope of powers granted to the nominated agent. This document can be used for:

Completing contracts in Indonesia on another's behalf: can be used when the company directors/administrators need to conclude a contract with a customer but are unable to do so in person.
Managing business incorporation processes in Indonesia: can be utilized effectively by entrepreneurs who want to start a company in Indonesia but cannot be present in the country during the complete company formation procedure.
Real estate or financial planning: for those who require someone else to make financial decisions on their behalf; can also be set to take effect if the primary loses mental capacity to handle financial concerns.
Healthcare issues: when the individual needs someone else to make health-related decisions for him or her because he or she no longer has the mental capacity to do so.

What is the relevance of a Power of Attorney under Indonesian law ?

A POA may authorize a Donee to conduct specific transactions involving real or unreal property without requiring the Donor’s signature or agreement, provided that the activity is completed within the powers specified by the POA. Please keep in mind that a power of attorney is a highly strong legal instrument. Typically, there will be a language in the POA that makes the POA revocable or not.

What are the different types of POA in Indonesia?

There are two types of Power of Attorney in Indonesia as follows:

Revocable POA: The owner may revoke the POA provided to the Donee at any moment without the recipient's approval.
Irrevocable POA: Without the recipient's approval, the owner or anyone else cannot withdraw the POA. An irreversible POA grants the Donee ultimate power that cannot be revoked under any circumstances, even if the owner wishes to alter his/her mind.

How to register a Power of Attorney document?

In Indonesia, a Power of Attorney (POA) is a legal document that allows one person to grant another person the authority to act on their behalf in legal matters or transactions. The process of creating and executing a POA in Indonesia involves several steps to ensure its validity and enforceability. The POA must be in written form and include specific details such as the identity of the parties involved and the scope of authority granted. It is not required to register a POA at any court in Indonesia; however, if the POA is executed abroad, it must be legalized by the relevant Indonesian Embassy or Consulate. This legalization confirms that the POA meets the necessary formal requirements and is recognized by Indonesian authorities. Once legalized, the POA can be sent to the attorney or representative in Indonesia who will act on behalf of the grantor. It’s essential for individuals to consult with legal professionals to ensure that the POA is drafted correctly and fulfills all legal requirements in Indonesia.

Is it possible for the Donor to limit the Donee's powers?

Yes, the Donor may limit the powers provided to the Donee by describing the scope of the authority and any particular constraints that the Donee must obey. The Donor may stipulate the Donee’s obligations, responsibilities, and commitments when working on behalf of the Donor and performing his duties as the Donee.

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