PEMBUATAN SURAT KUASA YANG DISAHKAN OLEH NOTARIS (LEGALISASI) TERHADAP ADVOKAT YANG PEMBERI KUASA TIDAK HADIR DI KOTA PADANG

Iqbal, Satria Trisna (2023) PEMBUATAN SURAT KUASA YANG DISAHKAN OLEH NOTARIS (LEGALISASI) TERHADAP ADVOKAT YANG PEMBERI KUASA TIDAK HADIR DI KOTA PADANG. Masters thesis, Universitas Andalas.

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Abstract

A power of attorney is something that must be done by an Advocate in carrying out all the interests of the power of attorney. The category of power of attorney that Advocates often make in its format is a special power of attorney. In practice, in court, the Advocate does not have to ratify the power of attorney at the Notary's office, he can also ratify the power of attorney directly to the court. If you want to ratify a power of attorney by a Notary, the parties must be present before the Notary (legalization), or if it is not possible to attend, you can request the registration of the power of attorney in a special book (waarmeking). In the event of an Advocate's doubts about the unilateral revocation of the power of attorney by the power of attorney, a notary can be asked to make a power of attorney deed so that it is ratified as an authentic deed and cannot be canceled unilaterally. Therefore, this study aims to analyze: 1) The process of making a power of attorney legalized by a Notary (legalization) against an Advocate who is giving the power of attorney is not present, 2) The legal consequences of making a power of attorney legalized by a Notary (legalization) against an Advocate who is giving the power of attorney not present. This research is descriptive analytical, using a normative juridical approach supported by empirical data, using primary data as the main material with an assessment of secondary legal materials. Based on the research, it was found that: An underhanded letter that was signed before being taken to the Notary's office, then the Notary legalized (legalized) the underhanded letter, the Notary uses the principle of trust because there has been a good relationship between Notary and Advocate for a long time. This, in a formal sense, does not guarantee the certainty of the date and the correctness of the signature in the underhanded power of attorney so that one of the parties could deny the signature

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