CRIMINALIZATION OF GRANTOR ON POWER OF THE ATTORNEY (VOLMACHT) THROUGH PARTICIPATION (DEELNEMING) IN GRANTING THE AUTHORITY
Padma D Liman, Birkah Latif

Fak Hukum UNHAS

Abstract

This paper discusses the grantor on power of the attorney (volmacht) that been convicted as a result of a criminal act committed by the power of attorney receiver. This punishment uses participation (deelneming) provisions as regulated in the Criminal Code.
This paper focuses on granting the power of attorney (volmacht) at first, then followed by participation (deelneming). Lastly, discuss whether it is appropriate for the grantor to be penalized based on the provisions of participation (deelneming) as regulated in Article 55 paragraph (1) 1e of the Criminal Code, as a result of a criminal act convicted by the receiver of the power of the attorney.
This research method is normative Law. The results of the study show there have been crimes against civil law, especially in terms of granting power of attorney. Theoretically, a legal relationship is subject to civil law, if there is a violation or there are parties who do not carry out what has been agreed, then it is ^a default^ that should be sued civil, not criminally. Likewise, the provisions concerning the Granting of Authorization regulated in BW (Burgerlijk Wetboek) or the Civil Code, the grantor authorized is not responsible for the actions of the power of attorney that exceed or are not in accordance with the act authorized.
Keyword : - grantor the power of the attorney
- Corruption Crime
- participation (deelneming)

Keywords: grantor the power of the attorney - Corruption Crime - participation (deelneming)

Topic: Governance and Anti-Corruption