| dc.description.abstract | The misuse of a power of attorney in civil cases occurs when the content of the authorization exceeds the authority granted by the principal to the attorney. allowing the latter to perform legal actions that deviate from or contradict the principal's intentions or purposes. The granting of power of attorney often becomes problematic in terms of its limitations, legal consequences, and protection for third parties. This thesis examines such issues based on Decision No. 104/Pdt.G/2012/PN.Chn and Decision No. 1189K/Pdt/2017. The research problems addressed include: (1) the legal regulation of the limitations on granting a power of attorney under Indonesian civil law; (2) the legal consequences of actions taken by an attorney who exceeds their authority; and (3) the legal protection available to third parties harmed by the misuse of a power of attorney. This study employs a normative legal research method with a descriptive-analytical approach. The data were collected through library research and analyzed qualitatively
The limitations of a power of attorney as regulated in the Indonesian Civil Code (KUHPerdata) are outlined in Articles 1794 to 1798, which describe the nature of authorization, the substance of attorney fees, the form of power, the attorney's interests, the terms of execution, and the eligible recipients of authorization. In Decision No. 1189K/Pdt/2017, the Supreme Court ruled that even if the power of attorney was granted under the guise of a loan agreement, the attorney was not legally permitted to execute a sale deed based on that authorization, despite the principal's indebtedness. Meanwhile, Decision No. 104/Pdt.G/2012/PN.Cbn determined that the attorney was obligated to return the property to the principal, reaffirming that the binding nature of a power of attorney is equivalent to that of a contract. The agreement in question authorized the attorney only to offer and find a buyer; however, the attorney unlawfully proceeded to sell the disputed property. Protection for third parties is provided under Article 1491 of the Indonesian Civil Code, which stipulates that "The seller is obliged to guarantee two things to the buyer: first, the peaceful and lawful possession of the sold goods; and second, protection against hidden defects in the goods that could justify the cancellation of the sale." | en_US |
