Arrangement of Power Deed in Notary

Oct 13, 2025 by windailys.com 144 views

Juridical Analysis of the Cancellation of the Deed of Power of Attorney made with a notary deed related to the transfer of rights whose object is in bank guarantees

Discussion Category: Master Theses (Notary), Education, Journal, Thesis, University, Student, Campus

Additional Information:

Introduction

In the decision of case number 49/Pdt/2017/PT.Medan, the Panel of Judges decided to cancel the Deed of Authority relating to the transfer of ownership rights of the ownership certificate number 1085/Seikambing Village B. This case highlights the importance of following legal procedures in making a power deed, especially when the object is related to bank guarantees. The cancellation of the power deed has significant legal consequences, and it is essential to understand the statutory provisions and the role of notaries in verifying the validity of documents used in the process of making a deed.

Arrangement of Power Deed in Notary

In the context of Indonesian law, the regulation of power deeds is regulated in the Civil Code (Kuhperdata) and also Law Number 2 of 2014 concerning Notary Position. The power deed is an authentic deed made before a notary, which has a stronger legal force than the deed under the hand. Notaries have an important role in ensuring that all applicable legal procedures are followed when making a power deed. However, the power deed that is made without the original document that is the object of power, especially in the context of bank guarantees, raises serious legal problems.

The Importance of Notary Accountability

One of the main issues in this case is the notary responsibility for the power deed he made. If the power deed is not in accordance with the provisions stipulated in the UUJN, the notary can be subject to sanctions. The absence of the original document in making a power deed can be considered a violation. In this case, the notary can be asked for compensation and cost by the disadvantaged party because of the actions that are considered against the law. This shows the importance of the role of the notary in verifying the validity of the documents used in the process of making a deed.

Notary Accountability: A Key to Preventing Legal Consequences

The notary's accountability is crucial in preventing legal consequences. If the notary fails to verify the validity of the documents used in the process of making a deed, it can lead to serious legal problems. In this case, the notary's failure to verify the original document that is the object of power has resulted in the cancellation of the power deed. This highlights the importance of the notary's role in ensuring that all applicable legal procedures are followed when making a power deed.

Legal Consequences from the Cancellation of the Power Deed

The cancellation of the power deed by the District Court has significant legal consequences. In the absence of legal force from the deed, all legal actions listed in the deed of power are considered to have never existed. This means that all transactions or transfer of rights based on canceled power deeds cannot be implemented legally. As a result, the parties involved in the transition of these rights can lose the right to the object obtained through the canceled power deed.

The Role of Statutory Provisions in Preventing Legal Consequences

Statutory provisions play a crucial role in preventing legal consequences. In this case, the statutory provisions stipulated in the UUJN have been violated, resulting in the cancellation of the power deed. This highlights the importance of understanding statutory provisions and following them strictly when making a power deed.

Conclusion

This case reflects how important it is to follow legal procedures in making a power deed, especially when the object is related to bank guarantees. Strict arrangements and notary accountability function to protect all parties involved. Therefore, a deep understanding of statutory provisions and caution in making a deed is needed to avoid harmful legal consequences.

Recommendations

Based on this case, the following recommendations can be made:

Notaries must verify the validity of the documents used in the process of making a deed.
Parties involved in the transfer of rights must ensure that all applicable legal procedures are followed when making a power deed.
Statutory provisions must be understood and followed strictly when making a power deed.

Future Research Directions

This case highlights the importance of further research on the role of notaries in verifying the validity of documents used in the process of making a deed. Future research can focus on the following areas:

The role of notaries in preventing legal consequences.
The importance of statutory provisions in preventing legal consequences.
The impact of the cancellation of power deeds on parties involved in the transfer of rights.

Limitations of the Study

This study has several limitations, including:

The study is based on a single case, which may not be representative of all cases.
The study focuses on the role of notaries in verifying the validity of documents used in the process of making a deed, which may not be the only factor contributing to the cancellation of power deeds.

Conclusion

In conclusion, this case highlights the importance of following legal procedures in making a power deed, especially when the object is related to bank guarantees. Strict arrangements and notary accountability function to protect all parties involved. Therefore, a deep understanding of statutory provisions and caution in making a deed is needed to avoid harmful legal consequences.
Frequently Asked Questions (FAQs) about the Cancellation of the Deed of Power of Attorney

Q: What is the Deed of Power of Attorney?

A: The Deed of Power of Attorney is a document that grants one person (the agent) the authority to act on behalf of another person (the principal) in a specific matter or transaction.

Q: What is the purpose of the Deed of Power of Attorney?

A: The purpose of the Deed of Power of Attorney is to provide a legal means for the principal to grant authority to the agent to act on their behalf in a specific matter or transaction.

Q: What is the role of a notary in the Deed of Power of Attorney?

A: A notary plays a crucial role in the Deed of Power of Attorney by verifying the identity of the principal and the agent, and ensuring that the document is executed in accordance with the law.

Q: What are the consequences of canceling a Deed of Power of Attorney?

A: The cancellation of a Deed of Power of Attorney can have significant consequences, including the loss of rights and interests that were granted to the agent, and the potential for legal action against the principal and the agent.

Q: What are the grounds for canceling a Deed of Power of Attorney?

A: The grounds for canceling a Deed of Power of Attorney include:

The document was executed without the principal's knowledge or consent
The document was executed under duress or coercion
The document was executed by a person who was not authorized to do so
The document contains errors or inaccuracies

Q: What is the process for canceling a Deed of Power of Attorney?

A: The process for canceling a Deed of Power of Attorney typically involves:

Notifying the agent and any other parties who may be affected by the cancellation
Providing a written notice of cancellation to the agent and any other parties who may be affected
Executing a new document that revokes the original Deed of Power of Attorney

Q: Can a Deed of Power of Attorney be canceled after it has been executed?

A: Yes, a Deed of Power of Attorney can be canceled after it has been executed. However, the process for canceling the document may be more complex and may require the involvement of a court or other legal authority.

Q: What are the implications of canceling a Deed of Power of Attorney on the principal and the agent?

A: The implications of canceling a Deed of Power of Attorney on the principal and the agent can be significant, including:

The loss of rights and interests that were granted to the agent
The potential for legal action against the principal and the agent
The potential for financial losses or other consequences

Q: How can the principal and the agent protect themselves from the consequences of canceling a Deed of Power of Attorney?

A: The principal and the agent can protect themselves from the consequences of canceling a Deed of Power of Attorney by:

Carefully reviewing the document before it is executed
Ensuring that the document is executed in accordance with the law
Notifying all parties who may be affected by the cancellation
Executing a new document that revokes the original Deed of Power of Attorney

Q: What are the key takeaways from this article?

A: The key takeaways from this article are:

The Deed of Power of Attorney is a document that grants one person (the agent) the authority to act on behalf of another person (the principal) in a specific matter or transaction.
The role of a notary in the Deed of Power of Attorney is crucial in verifying the identity of the principal and the agent, and ensuring that the document is executed in accordance with the law.
The cancellation of a Deed of Power of Attorney can have significant consequences, including the loss of rights and interests that were granted to the agent, and the potential for legal action against the principal and the agent.
The process for canceling a Deed of Power of Attorney typically involves notifying the agent and any other parties who may be affected by the cancellation, providing a written notice of cancellation to the agent and any other parties who may be affected, and executing a new document that revokes the original Deed of Power of Attorney.