The Implementation and Evidentiary Strength of Substitution Power of Attorney for Selling Land at Public Fuel Filling Stations (Study of Supreme Court Decision Number 303 K/Pdt/2020 Dated March 12, 2020)

Abstract

Substituted power of attorney in land sales for gas stations raises legal issues when created without a transfer clause in the prior special power of attorney, as occurred in Supreme Court Decision Number 303 K/Pdt/2020. Substituted power of attorney is permitted provided it complies with Articles 1796 and 1803 of the Civil Code by including a clause for transfer to other parties. Legal protection for aggrieved parties is implemented preventively through legislation and repressively through lawsuits based on Article 1365 of the Civil Code regarding unlawful acts. Notaries must be meticulous in creating substituted power of attorney deeds to prevent abuse of authority and provide legal certainty for the parties involved.