To see the other types of publications on this topic, follow the link: Power of attorney.
Journal articles on the topic 'Power of attorney'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Power of attorney.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Prabaningtyas, Gusti Ayu Ajeng, Nyoman Putu Budiartha, and I. Made Minggu Widyantara. "Peranan Jaksa Pengacara Negara dalam Menyelesaikan Kasus Mewakili Badan Penyelenggara Jaminan Sosial (BPJS) Ketenagakerjaan di Denpasar." Jurnal Interpretasi Hukum 2, no. 3 (November 24, 2021): 462–67. http://dx.doi.org/10.22225/juinhum.2.3.4120.462-467.
Full textAbstract:
The prosecutor as the recipient of the power of attorney in a special power of attorney, which in this case represents employment BPJS, handles legal issues related to entrepreneurs who have not registered themselves and staff as members of the Manpower Dependent Program. The purposes of this study are to reveal the role of state attorneys in resolving cases representing the Social Security Administering Body (BPJS) for employment in Denpasar and the efforts of state attorneys to resolve cases representing BPJS for employment in Denpasar. This type of research is sociological with an empirical juridical approach. Data collection techniques were carried out by literature study, observation, interviews related to this research. Sources of data used in the form of secondary and primary data which are then analyzed systematically. The results of the study indicate that the role of the State Attorney's Attorney in resolving cases representing BPJS Ketenagakerjaan as a legal counsel with a Special Power of Attorney to resolve the company has not recorded itself and its staff in the Manpower Dependent Program. While the efforts of State Lawyers in resolving cases representing BPJS Ketenagakerjaan, with a Special Power of Attorney from BPJS Ketenagakerjaan, State Attorneys act in terms of providing non-litigation legal assistance by mediating business entities and individuals who do not register as members of the Employment Social Security Agency or have not complied with the payment of fees
2
Borowicz, Jacek. "Dekonstrukcja wolnego zawodu w systemie totalitarnym na przykładzie regulacji prawnej wykonywania zawodu rzecznika patentowego w Polsce w okresie stalinowskim." Studia nad Autorytaryzmem i Totalitaryzmem 43, no. 3 (December 19, 2021): 7–19. http://dx.doi.org/10.19195/2300-7249.43.3.1.
Full textAbstract:
In Poland before the Second World War, the profession of patent attorney was categorised as one of the so-called liberal professions. Its legal status and rules of practice were compared to the solicitor profession. A patent attorney practiced his profession personally, independently, and autonomously. In order to exercise his profession, he ran an independent patent attorney’s office. In the second half of the 1940s, with the communists taking power in Poland, a radical transformation of the social, political, economic, and legal system of the state along the lines of Stalin’s Soviet Union began. Any social, political, or economic activities characterised by independence and autonomy were thus in axiological contradiction with the ideology of the planned totalitarian state. The Act on the Establishment of the College of Patent Attorneys passed on 20 December 1949 completely abolished the structure of the patent attorney profession as a free profession, exercised in its own name and on its own account. From that moment on, the patent attorney became a civil servant performing their professional activities under strict hierarchical subordination to his superiors. There was no guarantee of their intellectual independence or professional autonomy. The practice of the patent attorney profession was subject to public law. The Patent Attorneys College was in fact another state office. It was organisationally and financially linked to the Patent Office — an administrative body granting legal protection to objects of industrial and commercial property, collecting and making available patent documentation and literature. The president of the Patent Office supervised the Patent Attorneys College. Both the Patent Attorneys College and the Patent Office were supervised by the State Economic Planning Commission. The State Commission for Economic Planning was a kind of super-ministry, tasked with a Soviet-style mission of closely supervising and controlling the entire centralised economy of the Polish state. The chairman of the State Economic Planning Commission also had key powers to influence patent attorneys. It was he who determined the subject of their professional examination, he who appointed a person meeting the statutory requirements to the position of a patent attorney. He could also exempt a candidate for the profession from meeting the requirements as well as appoint the president of the Patent Attorneys College. The Act of 20 December 1949 was repealed with the end of the Stalinist period in Poland. In 1958, the profession of patent attorney was briefly reinstated as a free profession. After that, until the end of the existence of the socialist state called the Polish People’s Republic, patent attorneys performed their profession as employees within the meaning of the labour law. It was not until the fall of communism in Poland that the profession of a patent attorney was re-established as a liberal profession under the provisions of the Act on Patent Attorneys of 9 January 1993.
3
Wybrańczyk, Daniela, and Jacek Górecki. "Radca prawny a ustawa o ochronie osób zgłaszających naruszenia prawa." Radca Prawny, no. 4 (33) (December 31, 2022): 23–35. http://dx.doi.org/10.4467/23921943rp.22.056.17611.
Full textAbstract:
Attorney-at-law and the act on the protection of persons who report breaches of the law The article presents the legal situation of an attorney-at-law against the background of the draft of the act on the protection of persons who report breaches of law with particular emphasis on the rules of professional ethics applicable to attorneys-at-law. The admissibility of an attorney-at-law as a whistleblower was settled. Amongst other issues, it was addressed whether an attorney-at-law can report on behalf of an employee (based on a power of attorney) a violation of the law committed by another attorney-at-law and whether they can also make such a report on their behalf.
4
Fahmi, Fahmi, Moch Zaidun, and Bambang Suheryadi. "The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia." Yuridika 36, no. 3 (September 1, 2021): 605. http://dx.doi.org/10.20473/ydk.v36i3.27796.
Full textAbstract:
The basic duty of RI’s General Attorney in Special Crime Division is to undertake repressive function. In addition, preventive strategy is an action taken to prevent the product/service corruption crime by Civil and State Administration Division of RI’s Attorney General (DATUN). This study aims to analyze the construction of JPN authorization based on RI’s Attorney General Law. The method used in this study was juridical normative one. The result of research shows that the textual meaning with grammatical interpretation related to the attorney’s duty and authority in civil and state administration function based on Article 30 clause (2) of RI’s Attorney General Law in the terms of acting for and on behalf of state or government, the prosecutor in civil and state administration area should have special power. This article mentions firmly the phrase “special power”, but does not mention explicitly the State Attorney General. Nevertheless, the interpretation of special power as mentioned in Article 30 clause (2) of Attorney General Law to be State General Attorney is found in Republic of Indonesia Attorney General’s Regulation. However, in the concept of norm constructed, this authority should be preceded with a demand. The translation of JPN in the context of function provides a legal deliberation that on the one hand the absence of special power of attorney facilitates the role of JPN in the attempt of preventing corruption crime, but on the other hand an inconsistent application of rule occurs.
5
SFIKAS, PETER M. "POWER OF ATTORNEY." Journal of the American Dental Association 128, no. 1 (January 1997): 114–16. http://dx.doi.org/10.14219/jada.archive.1997.0001.
Full text
6
Suwondo, Denny, and Siti Nurdiyah Fauza Tuanaya. "THE NOTARY IN AUTHORITY’S MAKING OF HYPOTHEEK." Jurnal Pembaharuan Hukum 5, no. 1 (July 22, 2018): 13. http://dx.doi.org/10.26532/jph.v5i1.2996.
Full textAbstract:
Pursuant to Article 15 paragraph (2) letter (f) of Act No. 2 of 2014 concerning Notary, the Notary as Public Official obtain Attribution of powers in a deed relating to land, including the deed of the Power of Attorney Imposing Mortgage. This study aims to know and understand the authority of the deed Notary Power of Attorn ey Imposing Mortgage. The method used socio - juridical, which inductively began an analysis of the legislation governing the Notary office and encumbrance on land and objects relating to the ground. Research shows that the authorities in deed Notary Power o f Attorney Imposing Mortgage is based on Article 15 (1) of Act No. 4 of 1996 on Mortgage of Land and Their Bodies Relating to dust and Article 15 (2) f of Act No. 2 of 2014 on the Amendment of Act 30 of 2004 on Notary. That in practice the National Land Ag ency of the Republic of Indonesia only receive the Power of Attorney Imposing Mortgage in the form of deed Land Deed Officer.
7
Singleton, Kathleen A., Rosemary Dever, and Terry A. Donner. "Durable Power of Attorney." Dimensions of Critical Care Nursing 11, no. 1 (January 1992): 41–46. http://dx.doi.org/10.1097/00003465-199201000-00007.
Full text
8
Treat, Margaret J. "Durable Power of Attorney." Dimensions of Critical Care Nursing 11, no. 6 (November 1992): 339. http://dx.doi.org/10.1097/00003465-199211000-00010.
Full text
9
Singelton, Kathleen A., and Teny A. Donner. "Durable Power of Attorney." Dimensions of Critical Care Nursing 11, no. 6 (November 1992): 339. http://dx.doi.org/10.1097/00003465-199211000-00011.
Full text
10
Passos e Sousa Marques Afonso, Tereza, and Maria do Céu Henriques de Bastos. "Procuração/power of attorney." Corpus-Based Research in Legal and Institutional Translation 8, no. 1 (June 26, 2019): 144–66. http://dx.doi.org/10.1075/ts.00016.afo.
Full textAbstract:
Abstract This paper presents a contrastive legal and corpus-based linguistic and terminological analysis to translate a common legal instrument on a global scale, the power of attorney in English or procuração in Portuguese. This usually takes the shape of a written document, granted before a notary public as required by law, allowing one person to appoint another person to act on his/her behalf. Civil law and common law systems differ considerably with respect to requirements, formalities and range of powers permitted. In cross-border transactions, a translation is required to certify the authority given to third parties who do not speak the language. Bearing this in mind, a comparable corpus of authentic Portuguese and British texts (from England and Wales, and Northern Ireland) pertaining to this legal genre (12 procurações and 24 PoA) is analysed to identify its characteristics at functional, situational, thematic, lexical and grammatical levels.
11
Hardwick, L. A. "Enduring Power of Attorney." Psychiatric Bulletin 12, no. 8 (August 1, 1988): 336–37. http://dx.doi.org/10.1192/pb.12.8.336-a.
Full text
12
Hardwick, Linda A. "Enduring Power of Attorney." Bulletin of the Royal College of Psychiatrists 12, no. 8 (August 1988): 336–37. http://dx.doi.org/10.1192/s0140078900021040.
Full text
13
Merrifield, K. "Absolute power of attorney." Canadian Medical Association Journal 186, no. 6 (February 24, 2014): 455. http://dx.doi.org/10.1503/cmaj.131530.
Full text
14
Dolynska, M. S. "Historical and legal aspects of certification of powers of attorney that equal to notarial by public individuals and official persons of health care establishments of Ukraine." Likarska sprava, no. 3-4 (June 30, 2020): 62–70. http://dx.doi.org/10.31640/jvd.3-4.2020(9).
Full textAbstract:
The peculiarities of certification of powers of attorney that equal to notarial by public individuals and official persons of health care establishments of Ukraine are considered
In the article the analysis of normative acts, regulating the procedure for testamentation and certification of powers of attorney that equal to notarial, including by authorized individual officials and official persons of healthcare care establishments, is made. The concept of powers of attorney is investigated and their classification is carried out. The author states that public individuals and official persons of health care establishments of Ukraine who certify the powers of attorney that equal to notarial, are not entitled to certify powers of attorney in their name and on behalf of their name, as well as in the name of and on behalf of his wife or her husband. Specified public individuals, official persons have also no right to perform powers of attorney in the name of their sons and daughters, mother, father, grandchildren, grandfather, grandmother, including their brothers or sisters. Analyzing the issue of the certification of the power of attorney to make a donation contract on behalf of the patient, the author emphasizes the necessity to indicate the name of donee. While certifying the powers of attorney public individuals, official persons of health care establishments of Ukraine, listed in Article 40 of the Law of Ukraine "On Notariate", should strictly adhere to the norms of the current legislation, in particular the norms of the Civil Code of Ukraine, the Land Code of Ukraine, the Law of Ukraine "On Notariate", the Procedure of certifying wills and powers of attorney that equal to notarial, as well as other normative and legal acts. The author pays special attention to the content of powers of attorney. The procedure for termination and cancellation of a notarized power of attorney is examined.
15
Vasylieva, V. V. "The Irrevocable Power Of Attorney As A Way Of Performance Of A Shareholders Agreement." Actual problems of improving of current legislation of Ukraine, no. 49 (April 3, 2019): 100–109. http://dx.doi.org/10.15330/apiclu.49.100-109.
Full textAbstract:
In the article the author investigates the concept of irrevocable power of attorney, its form and order of its commission. It is established that the ground for an irrevocable power of attorney in corporate sphere has to be a shareholders agreement. The features of the irrevocable power of attorney are that it should state that it is irrevocable; its form has to be only notarized, and it can not be withdrawn at any time and under any circumstances at the initiative of the principal and has a limited number of grounds for cancellation. In the article the author gives a list of features of irrevocable power of attorney. Also the author argues that this type of power of attorney is not characterized by a sign of fiduciary, which is inherent in traditional power of attorney. After examining the legal nature of the irrevocable power of attorney and conducting a comparative legal analysis of means of obligation fulfillment, the author concluded that such a power of attorney is not a way of ensuring the fulfillment of the obligation, but is a way of its implementation
16
Vania, Clara, and Gunawan Djajaputra. "KEABSAHAN PENGGUNAAN KUASA MUTLAK DALAM PERJANJIAN PENGIKATAN JUAL BELI (PPJB) TANAH YANG DIBUAT OLEH NOTARIS." Jurnal Hukum Adigama 1, no. 2 (December 17, 2018): 301. http://dx.doi.org/10.24912/adigama.v1i2.2747.
Full textAbstract:
Absolute power of attorney is a power of attorney containing an irrevocable element by the authorizing party. Since the Instructions of the Minister of Home Affairs Number 14 Year 1982 concerning the Prohibition of Absolute Power of Attorney as the Transfer of Land Rights took effect on 6 March 1982 and Government Regulation Number 24 Year 1997 concerning Land Registration took effect on 8 July 1997, the use of absolute power of attorney has been banned. But in the practice, the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land is still found. This is what often causes conflict because the use of absolute power of attorney is considered contrary to the laws and regulations in Indonesia. The formulation of the problem in this thesis is how the validity of the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land made by a public notary and how the legal consequences of the Binding Sale and Purchase Agreement of Land that use absolute power of attorney. The results of the study showed that regarding the use of absolute power of attorney in the Binding Sale and Purchase Agreement of Land is legal and does not violate the laws and regulations. In addition, the legal consequences arising from the use of this absolute power of attorney in the Binding Sale and Purchase Agreement of Land are still recognized and remain valid and binding for the parties who have made them.
17
Megawati, Tiyas Putri, Aulia Dwi Ramadhanti, and Faizah Nur Fahmida. "Akibat Hukum Penandatanganan Surat Kuasa Jual Mutlak Sebelum Debitor Mengalami Kredit Macet." Jurnal Ilmu Kenotariatan 5, no. 1 (May 12, 2024): 76. http://dx.doi.org/10.19184/jik.v5i1.47362.
Full textAbstract:
Credit Agreements are always followed by the provision of guarantees, one of which is land that charged with Dependent Rights or by granting Power of Attorney to Sell from Debtors to Creditors. Referring to the Instruction of the Minister of Home Affairs Number 14/1982 about the Prohibition of the Use of Absolute Power of Attorney, the signing of a Power of Attorney to Sell that made unconditional without terms and condition about discontinuation and contain absolute clauses is expressly prohibited. This opens up risk opportunities in the future, especially for the Debtor. In reality, the signing of a Power of Attorney to Sell in conjunction with credit agreement at the beginning is still widely found. In this study, the author examines the topic using normative juridical methods or legal research. The conclusion of this study shows that the signing of the Absolute Power of Attorney to Sell at the beginning before a bad credit occurs causes the power of attorney being null and void, because it doesn't meet one of the objective requirements of the agreement, especially about a lawful cause as in Article 1320 paragraph (4) of the Civil Code. In terms of the Absolute Power of Attorney to Sell, the Debtor entitled legal protection both in preventive or repressive ways. KEYWORDS : Absolute Power of Attorney to Sell, Legal Consequences, Non-Perfoming Loan (NPL)
18
Agustan, Leny, Yaswirman Yaswirman, Busra Azheri, and Azmi Fendri. "Application of the power of attorney in the law of guarantee against fixed objects in Indonesia." Linguistics and Culture Review 5, S3 (October 17, 2021): 260–67. http://dx.doi.org/10.21744/lingcure.v5ns3.1525.
Full textAbstract:
The power of attorney in the Civil Code concerning the granting of power, which is an agreement, so that a binding principle applies to both parties. In addition to the principle of binding consensus also for them the principle of goodwill, that the parties in making agreements must have goodwill. In its development, the power of attorney, especially in business law and the world of a notary, gave birth to the name of absolute power, which then in the field of a notary is known to be contained in the power of attorney imposes dependent rights (SKMHT). This SKMHT arises from the existence of a principal agreement between the debtor and the credit against the material guarantee. SKMHT is a power of attorney that is specific to one legal action only and is an irrevocable power of attorney.
19
Brooke, Penny Simpson. "Donʼt sidestep power of attorney." Nursing 39, no. 2 (February 2009): 10. http://dx.doi.org/10.1097/01.nurse.0000345218.46815.77.
Full text
20
Muller, Lynn S. "Power of Attorney and Guardianship." Professional Case Management 13, no. 3 (May 2008): 169–72. http://dx.doi.org/10.1097/01.pcama.0000319971.55520.e8.
Full text
21
HALEVI, GINA FELISSIMO, TRI LISIANI PRIHATINAH, and RIRIS ARDHANARISWARI. "DEED OF SALE AND PURCHASE IN PRUDENTIAL PRINCIPLE APPLICATION BASED ON AN ABSOLUTE POWER OF ATTORNEY (STUDY DECISION NUMBER: 2255 K/PDT/2014)." Authentica 6, no. 2 (February 29, 2024): 112–23. http://dx.doi.org/10.20884/1.atc.2023.6.2.393.
Full textAbstract:
The displacement of land rights through sale and purchase is required to be carried out before the PPAT either directly by the parties or by the attorney given power, the party which has been given the power of attorney by the land owner (seller) or by the buyer with a power of attorney to sell, made before a Notary, however, power of attorney for selling can be the basis for buying and selling land as stated in the Instruction of the Minister of Home Affairs Number 14 of 1982 concerning the Prohibition of Absolute Power of Attorney as a Transfer of Land Rights issued on March 6 1982, to that, a Notary /PPAT must take an attentive action in the land sales process, despite the fact that the Notary/PPAT does not fully implement the principle of prudence, in addition, the legal validity of the Deed made is questionable. The formulation in this research is: (1) What is the validity of the use of an absolute power of attorney made by a notary in making a land sale and purchase deed? (2) How is the Precautionary Principle applied to the Preparation of Sale-Purchase Deeds by PPAT? This research was conducted using a normative juridical method with a statutory approach and a conceptual approach. The research specification used is an analytical perspective, such as describing and analyzing facts through a statutory approach. The source of legal materials use library research data techniques based on research results. Notaries/PPATs in carrying out their duties and authority must always use the principle of prudence and either PPAT in making authentic deeds should be based on absolute power of attorney and the validity of the power of attorney, in which PPAT should have rejected from the start because absolute power of attorney is prohibited in the land buying and selling process.Keywords: Precautionary principle; Notary/PPAT; Absolute power of attorney.
22
Renaldi, Ajas. "Kedudukan dan Akibat Hukum Surat Kuasa Membebankan Hak Tanggungan Menurut Undang-Undang No. 4 Tahun 1996 Tentang Hak Tanggungan." JOURNAL of LEGAL RESEARCH 4, no. 3 (August 8, 2022): 799–814. http://dx.doi.org/10.15408/jlr.v4i3.27555.
Full textAbstract:
This article aims to find out the position and consequences of the power of attorney under Law No. 4 of 1996 on Dependent Rights. The application for credit to a bank must be backed up by juridical and economic elements, so that between the rights and responsibilities of both parties become clear and certain. The writing of this article uses normative juridical research methods. The results of this article show that the Position of Power of Attorney Charging Dependent Rights According to Law No. 4 of 1996 on Dependent Rights is an authentic deed made by a notary or Land Deed Making Officer, If the dependent rights giver cannot present themselves before the PPAT to make the Deed of Granting Dependent Rights (APHT). As a result of the Power of Attorney's Rights Charging Dependent Rights that is the power to charge dependent rights can not be withdrawn or cannot end for any reason except because the power has been exercised or because it has expired.
23
Górski, Kacper. "Wizerunek pełnomocnika procesowego w polskich utworach literackich i piśmiennictwie politycznym XVI i XVII stulecia." Krakowskie Studia z Historii Państwa i Prawa 16, no. 1 (March 31, 2023): 1–20. http://dx.doi.org/10.4467/20844131ks.23.001.17301.
Full textAbstract:
The Image of an Attorney as Illustrated in Works of Polish Poets and Political Writers in the 16th–17th Centuries The article presents the image of an attorney as characterized in Old Polish literature of the 16th and 17th centuries. It reflected, to some extent, the attitude of the people of the time (primarily the nobility) towards the legal profession. There is no doubt that Old Polish society’s perception of attorneys was unequivocally negative. They were portrayed as greedy, dishonest men, liars with no respect for the law, and even instigators of non-compliance with the law. Literary works and political writings broadly condemned such behaviors. However, this stereotype applied only to professional attorneys-at-law. By no means were non-professional agents (attorneys-in-fact) attacked, nor was the institution of the power of attorney itself criticized. It seems that this sort of critical attitude was not estate-based (lots of attorneys were noblemen), although it is possible that the low descent of lawyers influenced the virulence of the criticism. The paper attempts to answer the question as to what extent the literary image of an attorney corresponded to reality. It seems that the works comprised objective reflections on the legal profession and the emotional attitudes of individuals (including authors themselves) or social groups. It is noteworthy that these pieces of literature often regarded the entire Polish legal system of the time as dysfunctional. Nevertheless, the recurrence of motifs such as greediness or dishonesty gives reason to believe that at least some of these allegations were not unfounded. At the same time, it should be noted er corresponded with the stereotype present in European and non-European culture from antiquity to contemporary times.
24
Destra, Edwin, Yohanes Firmansyah, Hendsun, and Putri Mahirah Afladhanti. "Lasting Power Of Attorney - Provision Contemplating Help To Die West And East (Indonesia) Perspective." Medicor : Journal of Health Informatics and Health Policy 1, no. 1 (October 20, 2023): 41–50. http://dx.doi.org/10.61978/medicor.v1i1.61.
Full textAbstract:
The enactment of legislation governing decision-making for incapacitated individuals serves a crucial purpose, primarily enabling individuals to proactively plan for future incapacity by appointing trusted agents to make decisions on their behalf. In the context of England and Wales, adults can achieve this through the utilization of a lasting power of attorney, as stipulated in the Mental Capacity Act 2005 (sections 9-14). Specifically, a health and care lasting power of attorney grants authority to an appointed agent to make day-to-day care decisions in situations where the individual is unable to do so. It is imperative for district nurses to obtain the consent of the appointed attorney before administering treatment to the donor. Furthermore, a district nurse should conduct a comprehensive review of the actions taken by the donor's attorney, involving consultation with the donor, the general practitioner (GP), and the attorney. Should conflicts regarding care persist, legal intervention by the courts may be necessary. Notably, life-sustaining or necessary therapies would continue in such instances. It is essential to emphasize that lasting health and care powers of attorney are not subject to illegality, encompassing situations where the donor expresses wishes for euthanasia or assisted dying. District nurses are required to obtain a copy of the health and care enduring power of attorney, respecting the authority of the appointed attorney to make decisions in cases where the donor lacks capacity. In the Eastern context, considerations of human rights, religion, ethics, and law collectively categorize euthanasia as a criminal act. Conversely, while Indonesia lacks specific regulations addressing euthanasia, various legal sources indicate that both seeking and performing euthanasia are deemed criminal activities.
25
Ravanan, Ali, Leila Ghashghaei, and Gholam Reza Ghashghaei. "Independence of Lawyers and Legal Institutions and Its Impact on the Country's Development." Journal of Politics and Law 9, no. 5 (June 29, 2016): 24. http://dx.doi.org/10.5539/jpl.v9n5p24.
Full textAbstract:
So far, have more written about lawyer, have less successful. Lawyer should be independent. Therefore, autonomy of Bar Association has been seriously proposed. Autonomy of judiciary and judges has always been emphasized in our constitutional law and has been proposed as judiciary should be separate of other powers. Judges shouldn’t be dependent or under power of others. On the other hand, there is no comprehensive and sufficient reference in constitutional law about bar association and judge and power of attorney is considered under people rights. In spite of all emphasis, conception of this deduction is not clear. Attorney autonomy is rooted from various bases and has separate and specific conception other than judgment. Studying principles of constitutional law accurately shows that attorney occupation is not subject of any supervisor principle to judiciary, but just having lawyer in procedural process is a part of people rights. Therefore, law maker shouldn’t see them equal to regulate constitutional law and pit attorney power as judgment under supervision of judiciary.
26
Nadia Febiana Yusuf and Arikha Saputra. "TINJAUAN YURIDIS PELAKSANAAN PEMBEBANAN FIDUSIA DENGAN SURAT KUASA JAMINAN FIDUSIA DIBAWAH TANGAN MENURUT UU No. 42 TAHUN 1999 DI PT BPR ARTHA TANAH MAS SEMARANG." Collegium Studiosum Journal 6, no. 1 (June 30, 2023): 241–45. http://dx.doi.org/10.56301/csj.v6i1.897.
Full textAbstract:
The process of creating a fiduciary guarantee is carried out through the imposition stage which is carried out before a notary and the fiduciary guarantee registration stage. In practice, currently there is widespread use of power of attorney to charge fiduciaries under the hand to make fiduciary deeds before a notary. The problem in this study is how the process of implementing fiduciary imposition with a private power of attorney for fiduciary guarantees according to Law no. 42 of 1999 at PT BPR Artha Tanah Mas Semarang and how is the legal force of the fiduciary deed made through a power of attorney under the fiduciary guarantee. The approach method is empirical juridical, descriptive analytical research specifications, data sources are primary data and secondary data. Data collection methods are field studies and literature studies, data analysis is qualitative. The results of the study show that the process of implementing fiduciary imposition with a power of attorney for fiduciary guarantees is underhand according to Law no. 42 of 1999 at PT BPR Artha Tanah Mas Semarang, the debtor signs a power of attorney for fiduciary guarantees, then the bank faces itself before the notary to make a fiduciary guarantee deed for further registration at the Fiduciary Registration Office. The fiduciary deed made through a power of attorney under the hand of fiduciary guarantees is basically valid, but if there is a lawsuit or intervention from another party, the power of attorney under the hand of fiduciary has weaknesses in the verification process, where the position of the power of attorney under the hand is very weak and lacks legal certainty.
27
Douglass, John E. "Power of Attorneys: Formation of Colonial South Carolina's Attorney System, 1700-1731." American Journal of Legal History 37, no. 1 (January 1993): 1. http://dx.doi.org/10.2307/845767.
Full text
28
Pielak, Albert. "Permissibility of a Power of Attorney in the Event of a Lack of Capacity to Consent." Studia Iuridica 71 (November 20, 2017): 0. http://dx.doi.org/10.5604/01.3001.0010.5826.
Full textAbstract:
The paper describes the regulations of the Council of Europe concerning medical powers of attorney and permissibility of such powers of attorney under Polish law. The author tries to consider whether a medical power of attorney is capable of functioning within the boundaries laid down under the current regulatory regime or whether new agency provisions are necessary. The paper discusses the interpretation of Article 95 § 1 of the Civil Code and the notion of “nature of a legal act”. At the end of the article a reference is made to the European legal tradition as a common ground for Polish and Ukrainian law.
29
Aulia Rahma, Anisa, Arief Suryono, and Noor Saptanti. "Legal Validity Of Power Of Attorney To Sell Which Is Preceded By A Sale And Purchase Binding Agreement On The Transfer Of Land Rights (Sales And Purchases)." International Journal of Educational Research & Social Sciences 5, no. 2 (April 27, 2024): 195–99. http://dx.doi.org/10.51601/ijersc.v5i2.792.
Full textAbstract:
This research aims to examine and analyze the legal validity of the Power of Attorney to Sell, which is preceded by a Sale and Purchase Binding Agreement, in the implementation of the Deed of Sale and Purchase if the person giving the power of attorney dies. This research uses normative research methods, is perspective-based, uses a statue approach and a conceptual approach conceptual approach, and the types and sources of data used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques are carried out through literature studies and interviews, and qualitative data analysis techniques are used. The results of this research show that the legal validity of the Power of Attorney to Sell, which is preceded by a Sale and Purchase Binding Agreement, in the implementation of the Sale and Purchase Deed if the person giving the power of attorney dies is still valid and legal, so that the buyer has legal certainty to carry out the Transfer of Land Rights with reference to the Deed of Sale and Purchase Agreement and Power of Sale. The power of attorney to sell given by the seller to the buyer is a power of attorney that cannot be withdrawn or terminated for any reason. So if all the requirements have been fulfilled, then the process of making a sale and purchase deed can be continued before the PPAT, and transferring the name of the certificate at the land office should proceed as it should even if the person giving the power of attorney (the seller) dies.
30
Wahyuningsih, Dwi Indah, Gunarto Gunarto, and Achmad Sulchan. "The Role Of The Notary Deed Against Making Special Power Of Attorney To Say “Talaq” In Application Divorced In Religious Court." Jurnal Akta 5, no. 4 (December 12, 2018): 921. http://dx.doi.org/10.30659/akta.v5i4.3887.
Full textAbstract:
The purpose of this study were: 1) to identify and analyze the role of the notary to manufacture special power of attorney notarized deed oath in filing for divorce in the Religious Court. 2) To identify and analyze the constraints notary in the manufacture of a special power of attorney notarized deed oath in filing for divorce in the Religious Court. The data used in this study are primary data, secondary data, and the data to support the assessment tertiary then analyzed with normative juridical method. Based on the results of data analysis concluded that: 1) In the implementation of the signing of the deed notarized power of special oath divorce in filing for divorce in the Religious of the parties, giving the power of attorney privilege and receiving power of attorney privilege to be present and facing the notary as the deed notarized letter The special power, because the authorizing unable to attend the oath of divorce in the Religious; 2) The provisions of the terms to make a notarized certificate of the applicant should include both the giver and the recipient of a special power of attorney and shown directly to the notary who will make the notary deed so that certificates can be made in accordance with existing procedures.Keywords: Notary; Special Power of Attorney; Notary Deed
31
Yanthi, Putu Ayu Cattelya Asri. "Pelaksanaan Surat Kuasa Membebankan Hak Tanggungan di Koperasi Simpan Pinjam Swastika Mataram." JATISWARA 31, no. 3 (October 13, 2017): 382–92. http://dx.doi.org/10.29303/jtsw.v31i3.56.
Full textAbstract:
The purposes of this study were to analyze the implementation of the power of attorney imposing mortgage right, to analyze the factors that affect the implementation of the power of attorney imposing mortgage right at Swastika Credit Unions Mataram, and to analyze the dispute resolution process of the power of attorney imposing mortgage right if it was not registered as a deed of mortgage right at Swastika Credit Unions Mataram. The method used was normative-empirical law research, using law approach, concept approach, and sociological approach. The data analysis used was qualitative in order to gain clarity and truth so as a clear picture of the issues examined is obtained. These results indicated that the implementation of the power of attorney imposing mortgage right at Swastika Credit Union Mataram began by submitting an application by the debtor. The factors that obstructed the implementation of the power of attorney imposing mortgage right at Swastika Credit Union Mataram were (1) the inhibiting factor of both creditor and the debtor, and (2) the inhibiting factor of the National Land Agency Office. The dispute resolution process of the power of attorney imposing mortgage right performed by Swastika Credit Union Mataram was toward the mechanism of giving a warning letter to the debtor.
32
Harding, Rosie, and Elizabeth Peel. "Polyphonic Legality: Power of Attorney Through Dialogic Interaction." Social & Legal Studies 28, no. 5 (October 23, 2018): 675–97. http://dx.doi.org/10.1177/0964663918803409.
Full textAbstract:
Building on Bakhtin’s work on discourse, this article uses the concept of polyphony to explore capacity law praxis. Drawing on everyday interaction about power of attorney, we demonstrate how legal, lay and medical understandings of capacity operate dialogically, with each voice offering distinct expressions of legality. Analysing lay and medical interactions about Lasting Power of Attorney – the legal authority to make decisions on behalf of a person who loses the mental capacity to make their own decisions – we argue power of attorney holds a ‘polyphonic legality’. We argue that legal concepts (like power of attorney) are constructed not solely through official law but through dialogic interaction in their discursive fields. We suggest ‘polyphonic legality’ offers an innovative approach to understanding how law works in everyday life, which is attentive to the rich texture of legality created by and through the multiple voices and domains of socio-legal regulation.
33
Calvo Caravaca, Alfonso-Luis, and Javier Carrascosa González. "Poderes autorizados por notarios extranjeros y compraventa de inmuebles situados en España = Power of attorney authorized by foreign notaries and purchase of property located in Spain." CUADERNOS DE DERECHO TRANSNACIONAL 12, no. 1 (March 5, 2020): 8. http://dx.doi.org/10.20318/cdt.2020.5179.
Full textAbstract:
Resumen: El presente estudio muestra que un poder otorgado en país extranjero y empleado para vender o adquirir inmuebles situados en España mediante escritura publica notarial española que posteriormente se presenta para su inscripción en el Registro de la propiedad, debe haber sido otorgado ante notario extranjero que desarrolla funciones similares a las que son propias de los notarios españoles. El art. 10.1 CC es el precepto que impone la necesidad de que el poder se otorgue en documento público equivalente al español. El art. 10.11 CC no incide en dicha cuestión. Tampoco el art. 11.2 CC es aplicable a la cuestión, pues en Derecho español el poder no es un acto jurídico sujeto a forma solemne. Este trabajo también pone de relieve que el notario español debe realizar un juicio de “suficiencia del poder” en el que se encuentra implícito un juicio de “equivalencia de funciones”. Palabras clave: poder otorgado en país extranjero, inmuebles situados en España, notario extranjero, derechos reales.Abstract: This study deals with some issues concerning the legal effects in Spain of a power of attorney granted specially when its is used to sell or acquire real estate located in Spain before a Spanish notary with the purpose of a subsequent registration in the Spanish Property Registry. Art. 10.1 of the Spanish civil code proves that Spanish Law applies to the extent that the foreign notary must have been acted as a Spanish notary would have been when a power of attorney is granted. The requirement of a public document does not derive from Art. 11.2 of the Spanish civil code neither from art. 10.11 of the Spanish civil code. Under Spanish Law, the power of attorney is not a legal act subject to solemn form. This work also highlights that the Spanish notaries must value the adequacy of the power of attorney with regard to the sale of real estate located in Spain.Keywords: power of attorney in a foreign country, real estate located in Spain, foreign notary public, rights in rem.
34
Wisudha, Gilang. "Keabsahan Surat Kuasa Membebankan Hak Tanggungan Yang Dibuat Terhadap Agunan Yang Masih Terikat Hak Tanggungan Untuk Kreditor Lain." Jurnal Legal Reasoning 1, no. 1 (May 9, 2019): 14–35. http://dx.doi.org/10.35814/jlr.v1i1.39.
Full textAbstract:
In the practice of granting and taking over interbank credit facilities, it could be done through the binding of collateral in the form of mortgage right. That process starts with issuing the power of attorney to impose mortgage right upon an object of mortgage for the old creditor. The assumption arises that the owner of the collateral does not have authority to sign such power of attorney without the prior written consent from the old holder of mortgage right. Another assumption is that in the implementation of burdening mortgage right with the power of attorney to impose mortgage right upon an object of mortgage is not in accordance with the law or legal procedure. This study examines how is the validity of the power of attorney to impose mortgage right upon an object of mortgage which is still bound to the collateral of credit facility to other creditors, and what is the basis for notary or the land deed officer in making the power of attorney to impose mortgage right upon an object of mortgage which is still bound to the collateral of credit facility to other creditors. This study uses normative legal research method and based on secondary data. Information collected by interview to some law practitioners and experts would be used to support the secondary data. There are different opinions regarding the validity of the power of attorney to impose mortgage right upon an object of mortgage which is still bound to the collateral of credit facility to other creditors because, until now, there is no act or legal regulation that explicitly regulates the terms and procedures as the standard for such kind of power of attorney.
35
Asuan, Asuan. "SURAT KUASA MEMBEBANKAN HAK TANGGUNGAN DALAM PERJANJIAN KREDIT." Solusi 19, no. 1 (January 1, 2021): 50–66. http://dx.doi.org/10.36546/solusi.v19i1.329.
Full textAbstract:
Power of Attorney Charging Mortgage Rights (SKMHT) the provision of credit / credit agreement (principal agreement) in a written agreement and the debtor with the creditor's approval, which guarantees the form of land rights and power of attorney to impose Mortgage Rights (SKMHT) and Deed of Granting Mortgage Rights (APHT) ). The power of attorney is special and authentic which must be made before a Notary or PPAT based on the provisions in Article 15 paragraph (1) of Law Number 4 of 1996 concerning Mortgage Rights. Barriers to the issuance of Power of Attorney to impose Mortgage Rights (SKMHT) and Deed of Granting Mortgage Rights (APHT) are very expensive / high costs and the land of the SKMHT object is not yet a land title certificate / has not been registered at the National Land Agency office.
36
Syarif, Harmen, Azmi Fendri, and Delfiyanti Delfiyanti. "Transfer of Land Rights Based on the Data Authorization of Selling in Terms of Authority Giver Died in Pekanbaru." International Journal of Multicultural and Multireligious Understanding 6, no. 4 (October 8, 2019): 561. http://dx.doi.org/10.18415/ijmmu.v6i4.1071.
Full textAbstract:
The transfer of land rights that use the power of attorney to sell as the basis for making the sale and purchase deed by the Land Drafting Official at the Pekanbaru City National Land Agency Office is very much in the interest of the people in Pekanbaru, because in terms of time, procedures, and costs are very practical and efficient. According to the Civil Code, article 1795, the grantor of the power of attorney can be carried out specifically, namely regarding one or more specific interests, or in general, which includes all the interests of the Authorizer. Selling Power is an ability with substitution rights (rights that can be replaced) granted by the owner of the guarantee to the authorized recipient appointed by the owner of the guarantee, to sell to other parties or himself at prices and conditions that are considered both by the guarantee owner and the proxy. The implementation of the transfer of land rights has been regulated in Government Regulation Number 24 of 1997 concerning Land Registration.In practice in the field of the use of the transfer of land rights based on the selling power of attorney, there is no difference as to whether the deed of selling power is still valid or not applicable, because the Office of the National Land Agency in Pekanbaru City only provides conditions for a statement stating that the letter of the authorizer is still alive and the power of attorney deed has never been revoked, which was signed by the power of attorney. In article 1813 to article 1819 the Civil Code has regulated the method of the end of the granting of power. Based on the description above, it will be examined on how the position of the selling power of attorney in the transfer of land rights, how the process of transferring rights to land based on the power of attorney to sell in the event that the authority dies in Pekanbaru, and how the legal consequences of the transfer of land rights based on the power of attorney to sell in the case of the party giving the power of attorney died in Pekanbaru. This research method uses an empirical juridical approach which is a study carried out in terms of applicable laws and regulations and is associated with facts found in the field. The Deed of Sale Authority shall be used as the basis for the process of drafting the Deed of Purchase under the name and at the same time be used as a tool for registering the transfer of land rights at the City of Pekanbaru Land Office. The process of transferring land rights based on the selling power of attorney in the event that the authority dies in Pekanbaru cannot be transferred to the National Land Agency because it is null and void according to articles 1813, 1814, and 1816 Civil Code. As a result of the legal transfer of land rights based on the selling power of attorney where the party who passed away died in Pekanbaru is an act of self-destruction, if you want to continue the transfer of rights must be done first the process of inheritance to the heirs concerned.
37
Fink, Joseph L. "Power of Attorney Documents and Pharmacy." Hospital Pharmacy 41, no. 7 (July 2006): 664–68. http://dx.doi.org/10.1310/hpj4107-664.
Full text
38
Richardson, Barbara. "Advocacy and the power of attorney." Nursing and Residential Care 3, no. 9 (September 2001): 419–21. http://dx.doi.org/10.12968/nrec.2001.3.9.7564.
Full text
39
Knowles, Michael. "Power of attorney: letting residents decide." Nursing and Residential Care 14, no. 5 (May 2012): 257–59. http://dx.doi.org/10.12968/nrec.2012.14.5.257.
Full text
40
Heald, Fiona. "Power of attorney: who decides what." Nursing and Residential Care 21, no. 9 (September 2, 2019): 523–25. http://dx.doi.org/10.12968/nrec.2019.21.9.523.
Full textAbstract:
People living in care homes often need assistance managing their financial affairs, especially if they have reduced mental capacity. A family member or carer can be given power of attorney to act on their behalf, Fiona Heald explains how this works.
41
DIAKOVYCH, M. М. "POWER OF ATTORNEY: CIVIL LEGAL ASPECT." Law and Society, no. 4 (2023): 69–75. http://dx.doi.org/10.32842/2078-3736/2023.4.11.
Full text
42
Górski, Kacper. "The Image of an Attorney as Illustrated in the Works of Polish Poets and Political Writers in the 16th–17th Centuries." Krakowskie Studia z Historii Państwa i Prawa 16, (Special Issues) (2023): 1–20. http://dx.doi.org/10.4467/20844131ks.23.033.18855.
Full textAbstract:
The article presents the image of an attorney as characterized in Old Polish literature from the 16th and 17th centuries. It reflected, to some extent, the attitude of the people of the time (primarily the nobility) towards the legal profession. There is no doubt that the perception of attorneys by Old Polish society was unequivocally negative. They were portrayed as greedy, dishonest men, liars with no respect for the law and even instigators of non-compliance with the law. Literary works and political writings broadly condemned such behaviors. However, this stereotype applied only to professional attorneys-at-law. By no means were non-professional agents (attorneys in fact) attacked, nor was the institution of the power of attorney itself criticized. It seems that this sort of critical attitude was not estate-based (many attorneys were noblemen), although it is possible that the low descent of lawyers influenced the virulence of the criticism. The paper attempts to answer the question as to what extent the literary image of an attorney corresponded to reality. It seems that the works comprised objective reflections on the legal profession and the emotional attitudes of individuals (including the authors themselves) or social groups. It is noteworthy that these pieces of literature often regarded the entire Polish legal system of the time as dysfunctional. Nevertheless, the recurrence of motifs such as greediness or dishonesty gives reason to believe that at least some of these allegations were not unfounded. At the same time, it should be noted that this image of a lawyer corresponded with the stereotype present in European and non-European culture from antiquity to contemporary times.
43
Crittenden, Jennifer, Julie Bobitt, Katelyn Galladay, and Virginia Vincenti. "POWER OF ATTORNEY FACTORS AND CONDITIONS INFLUENCING ELDER FAMILY FINANCIAL EXPLOITATION." Innovation in Aging 7, Supplement_1 (December 1, 2023): 261. http://dx.doi.org/10.1093/geroni/igad104.0868.
Full textAbstract:
Abstract Approximately 16% of older adults worldwide experience some form of elder abuse including elder family financial exploitation (EFFE), the unlawful transfer and theft of funds and property perpetrated by a family member. Power of Attorney (POA) arrangements, when constructed and executed properly, can be critical tools for protecting against such exploitation. This national research study examined family reports of EFFE using the Bronfenbrenner Ecological Framework to classify risk factors within the POA arrangement. Interviews were carried out with 31 family members within 24 families that had experienced EFFE. Using constructivist grounded theory analysis methods, the following themes related to risk factors were noted across EFFE stories about professionals involved in the EFFE situations: 1) Conflict of interest between attorneys and POA agents, 2) A perceived lack of competence of consulting attorneys; and 3) A lack of transparency around POA arrangements. Policy and education implications include the need to create legal requirements for transparency reporting and/or registration for POAs, strengthening legal ethics and EFFE training, and providing public education to families about the POA process and how to locate appropriately trained legal professionals.
44
Reguera Rodríguez, Antonio T. "La libertad subrogada. Tres poderes notariales otorgados por G. M. de Jovellanos en León tras su detención." Cuadernos de Estudios del Siglo XVIII, no. 29 (December 17, 2019): 559–71. http://dx.doi.org/10.17811/cesxviii.29.2019.559-571.
Full textAbstract:
RESUMENTranscripción de tres poderes notariales otorgados por Gaspar Melchor de Jovellanos en marzo de 1801 a representantes de su máxima confianza para atender los asuntos más importantes que deja en Gijón. Lo hace en los días posteriores a su detención, cuando ha iniciado ya el «viaje del destierro».PALABRAS CLAVEGaspar Melchor de Jovellanos, Andrés de Lasauca, José Valdés Flórez, Juan Arias de Saavedra, Nicolás Ramón de Sama, detención, destierro, poder notarial. TITLEThe subrogation of liberty. Three powers of attorney granted by G. M. de Jovellanos in León following his arrestABSTRACTTranscript of three powers of attorney granted in March 1801 by Gaspar Melchor de Jovellanos to highly trusted representatives enabling them to attend to the most important matters that he left behind in Gijón. He granted these in the days following his arrest, when he had already initiated his «journey of exile».KEY WORDSGaspar Melchor de Jovellanos, Andrés de Lasauca, José Valdés Flórez, Juan Arias de Saavedra, Nicolás Ramón de Sama, arrest, exile, power of attorney.
45
Utamy, Pradipty, Kartikasari Kartikasari, and Sari Wahjuni. "PERTANGGUNGJAWABAN DIREKSI PERSEROAN TERBATAS DAN NOTARIS TERHADAP SURAT KUASA DIREKSI TENTANG PEMBANGUNAN INFRASTRUKTUR PEMERINTAH." Jurnal Bina Mulia Hukum 4, no. 2 (March 10, 2020): 195. http://dx.doi.org/10.23920/jbmh.v4i2.220.
Full textAbstract:
<strong></strong><p><strong>ABSTRAK</strong></p><p>Jika perseroan yang tidak dapat melakukan perbuatan hukum tertentu, maka direksi berhak memberikan kuasa kepada orang lain sebagaimana Pasal 103 Undang-Undang Perseroan Terbatas. Pada praktik pembangunan infrastruktur pemerintah ditemukan kuasa direksi yang bertentangan dengan ketentuan sehingga terjadi kegagalan proyek dan kerugian. Permasalahan yang dibahas yakni pelaksanaan pemberian kuasa direksi ditinjau dari ketentuan perundang-undangan yang berlaku selanjutnya pertanggungjawaban direksi dan notaris terhadap kerugian yang timbul akibat surat kuasa direksi yang tidak sesuai dengan ketentuan perundang-undangan yang berlaku. Metode penelitian ini dilakukan dengan menggunakan pendekatan yuridis normatif, spesifikasi deskriptif analitis, dengan metode analisis yuridis kualitatif. Berdasarkan hasil penelitian disimpulkan pelaksanaan pemberian surat kuasa direksi umumnya dibuat dihadapan Notaris. Kuasa direksi mengenai pembangunan infrastruktur harus memenuhi ketentuan-ketentuan diantaranya Pasal 1320 KUHPerdata, Pasal 1795 KUHPerdata, Pasal 103 Undang-Undang Nomor 40 Tahun 2007, Pasal 53 ayat (1) dan (2) Undang-Undang Nomor 2 Tahun 2017 dan Pasal 53 ayat (3) Peraturan Presiden tentang Pengadaan Barang/Jasa Pemerintah. Kuasa direksi yang tidak memenuhi ketentuan mengakibatkan perjanjian batal demi hukum dan kerugian. Pertanggungjawaban kuasa direksi yang tidak sesuai dengan ketentuan dibebankan kepada direksi dan notaris. Direksi bertanggung jawab secara pribadi karena kesalahannya dan notaris bertanggung jawab secara wanprestasi jika penggugatnya klien/direksi atau perbuatan melawan hukum jika penggugatnya masyarakat atas akta yang dibuat dihadapannya.</p><p><strong>Kata kunci:</strong> kuasa notaris; pembangunan infrastruktur; perseroan terbatas; pertanggungjawaban.</p><p><br /><strong><em>ABSTRACT</em></strong></p><p><em>If private company can’t do legal actions, the directors have authority give power to other, according to Law about Limited Liability Company (LLC) article 103.In the practice of government infrastructure development, the power of attornet by directors that contradicts contents to regulation has been found, so that project failures and incur losses. The issues discussed are implementation of the power of attorney by directors in terms of regulations, furthermore responsibility of the directors and notary for losses incurred by the power of attorney by directors which is contrary to the rules. The method used is normative juridical approach. The summary is implementation of the power of attorney by directors are generally notarial deed. The power of attorney regarding government infrastructure must comply with the rules, especially Civil Code article 1320 and 1795, LLC article 103, Law about Construction Services article 53 (1) and (2) then Presidential Regulation about Procurement of Government’s Goods/Services article 53 (3). The power of attorney by directors which is contrary to the rules, have consequences void/nietigbaar deed and disadvantage. Second, responsibility of the power of attorney by directors which is contrary to the rules given to directors and notary. Directors are personally responsible based on fault according to LLC article 97. Notary is responsible for default if the palintiff is a client/directors, or tort/onrechmatige daad if the plaintiff is community.</em><br /><em></em></p><p><em><strong>Keywords:</strong> limited liability company; notary; power of attorney; responsibility.</em></p><br /><strong></strong>
46
Rustam, Riky, and Rumi Suwardiyati. "IMPLICATIONS FOR LOADING JURIDICAL LIABILITY RIGHTS UNDER POWER OF ATTORNEY MAKE HYPOTHEEK RIGHTS (SKMHT) PROCEDURAL DEFECTS." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 21, no. 1 (June 9, 2021): 93–104. http://dx.doi.org/10.19109/nurani.v21i1.8496.
Full textAbstract:
The credit agreement is an agreement in principal to followedby the additional treaty of guarantee. With regard to guarantees for immovable objects using mortgage rights. In banking practice related to credit agreements, it is inseparable from a power of attorney to impose mortgage rights (SKMHT). Those who have the authority to make the power of attorney are notaries. In making deeds in their daily lives, a notary is obliged to pay attention to the rules for making authentic deeds. Making authentic deeds must meet formal requirements, material requirements and external requirements in making them. If one of these conditions is not fulfilled, it can cause the deed to be degraded or decrease in the status of the deed, which was initially considered an authentic deed to become an underhand deed. In connection with the power of attorney imposing mortgage rights (SKMHT), Notaries who have cooperation with banks will make the power of attorney every day. It is possible that the number of deeds made makes the notary forget to sign the deed he has made. The signatures of the parties that are in the power of attorney already exist, but the signature of the Notary who ratifies the power of attorney is not there. This is possible until the Notary's death, the deed he has made has not been signed. If the Notary passes away and the deed he has drawn up has not been signed and a dispute arises, how will the deed be authenticated. The research objective is to analyze the authentication of the power of attorney to impose mortgage rights (SKMHT) that have not been signed by a notary public. The method used is juridical normative with a statutory approach and a conceptual approach. The conclusion of the research is that the notary of the SKMHT deed has not been signed by the notary until the Notary concerned dies, violating the formal requirements of the authentic deed This resulted in the power of attorney imposing mortgage rights (SKMHT) to be null and void by law while still giving the injured party the right to claim compensation from the Notary who had harmed the party.
47
Prayoga, Harry Dwicha. "Penggunaan Surat Kuasa Menjual Pada Objek Jaminan Yang Dibebani Hak Tanggungan Dalam Perjanjian Kredit Perbankan." Jurnal Officium Notarium 2, no. 2 (July 1, 2022): 215–23. http://dx.doi.org/10.20885/jon.vol2.iss2.art2.
Full textAbstract:
This research aims to analyze how the legal consequences of using a Power of Attorney to Sell which is used as the basis of an alternative execution of guarantees that have been bound with Mortgage for creditors (banks). Therefore, the author divides the main issue into 2 (two) parts, first, whether the use of a Power of Attorney to Sell against collateral objects that have been bound with Mortgage can be used as an alternative execution in guaranteeing certainty of the fulfillment of creditors' receivables related to debt agreements in banking credit. Second, what are the legal consequences of using a Power of Attorney to Sell against collateral objects that have been burdened with Mortgage Rights in the loan agreement for Creditors (banks)? This is a normative-qualitative research which is supported by primary legal materials and secondary legal materials. The approaches used by the author is in the form of a statutory and a conceptual approaches. The results of this study conclude that first, that the power of attorney to sell cannot be used as an alternative for execution on mortgage guarantees, since collateral that has been bound with mortgage rights will be subject to Law Number 4 of 1996 on Mortgage Rights. Second, the legal consequences arising from the use of the Power of Attorney to Sell are not binding, meaning that according to the provisions of Article 1320 of the Civil Code paragraph 4 on "lawful causes", the subjective requirements of using the power of attorney to sell are not fulfilled and the legal consequences are null and void.
48
Sitorus, Syahrul. "Surat Kuasa dan Gugatan (Analisis Konsep dan Teknik Penulisan)." Hikmah 17, no. 2 (August 4, 2021): 99–114. http://dx.doi.org/10.53802/hikmah.v17i2.80.
Full textAbstract:
Power of attorney and lawsuit are two things that are inseparable when an Advocate carries out his profession to defend the legal interests of his client, especially in civil cases in court, so it can be said that these two things are the heart of handling civil cases that an Advocate must really understand. In formulating a power of attorney and a lawsuit an Advocate is required to understand the formal and material laws of the case he is handling, in addition to that Advocates are required to understand the legal construction of the case being handled by an Advocate, without understanding the above it is very difficult to narrate the minutes of the power of attorney and lawsuit in the said case. Understanding in formulating a power of attorney and lawsuit is the basic capital of a prospective Advocate before carrying out the Advocate profession, so that the Advocate Organization makes this an object of examination for prospective Advocates in the Advocate Professional Exam to assess whether the prospective Advocate is eligible to be appointed as an Advocate being appointed as an Advocate by the Advocate Organization but unable to formulate a power of attorney and lawsuit, of course this is very detrimental to the justice-seeking community in general.
49
Lubis, Muhammad Iqbal. "Kepastian Hukum Peradilan Hak Berdasarkan Akta Perikatan Jual Beli dan Akta Kuasa Jual yang Dibuat Berkaitan atas Perjanjian Hutang Piutang yang Dibuat secara Notariil (Studi Putusan Mahkamah Agung Nomor: 118/K/Pdt/2022)." Multiverse: Open Multidisciplinary Journal 2, no. 1 (May 21, 2023): 7–15. http://dx.doi.org/10.57251/multiverse.v2i1.870.
Full textAbstract:
This normative juridical legal research study aims to describe the legal strength and consequences of sale and purchase agreements and power of attorney related to debt and credit agreements, as well as the legal certainty of their transfer based on a notarized agreement. Data sources include primary and secondary data. Results indicate that sale and purchase agreements and power of attorney made before a notary without lawful cause do not have legal force, and cannot be used as a basis for bonds guarantee of debt and receivables. Transfer of rights based on sale and purchase agreements and power of attorney related to debt and credit agreements also do not have legal force, and can be considered null and void if there is evidence of bad faith. The Supreme Court decision No. 118 K/Pdt/2022 upheld the validity of the sale and purchase agreement and power of attorney in a case where the parties were not under coercion or deception when carrying out the agreement.
50
Wibisono, Muhammad Juriko, Amancik Amancik, and Ardilafiza Ardilafiza. "STRENGTHENING THE POSITION OF ATTORNEY IN THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA." Bengkoelen Justice : Jurnal Ilmu Hukum 11, no. 1 (May 7, 2021): 70–83. http://dx.doi.org/10.33369/j_bengkoelenjust.v11i1.15791.
Full textAbstract:
The arrangement of the Attorney institution of the Republic of Indonesia in the 1945 Constitution is less clear and less detailed about its position as well as its authority in law enforcement. Departing from the description of the weakness of the Attorney of the Republic of Indonesia’s position above, it is necessary to place the Attorney of the Republic of Indonesia proportionally in order to be autonomous and independent in the perspective of the rule of law theory and the power sharing theory. Based on the results of the study, it can be concluded that the position of Attorney in the 1945 Constitution which was attached in the executive domain had caused a lot of debate. The debate was focused on whether it was a right choice to practically put the Attorney as a law enforcement institution in Executive domain where it should had been legally put in judiciary domain. Furthermore, strengthening the position of Attorney in the 1945 Constitution can be done though the fifth amendment of the 1945 Constitution, therefore the adjustment of the Attorney position must be explicitly stated in the institutions within the environment of judicial power accompanied by its authority.