KEDUDUKAN KURATOR DALAM PEMBERESAN HARTA PAILIT SESUAI UNDANG-UNDANG NO. 37 TAHUN 2004

(STUDI KASUS PUTUSAN NOMOR: 4/PDT.SUS-PAILIT/2020/PN.NIAGA SBY)

Abstract

The study's goal is to investigate the Curator's legal standing in the wake of a commercial court's bankruptcy ruling, as well as the challenges he faces in the administration of bankrupt assets. This study has both normative and descriptive elements. This research method is using the legislative approach and the Decision Case Approach. The findings of this study show that the bankruptcy law provides the following powers to administrators so that they may carry out their responsibilities in an efficient and effective manner: (1) the curator has the right to carry out his duties from the date of the bankruptcy decision after the announcement and to take over the case by asking the court to halt all legal actions of the bankrupt debtor, Even if a judge doesn't believe the curator has the authority to guarantee bankrupt assets or access the debtors' private information, the curator nevertheless has the jurisdiction to offer loans to third parties. The Curator may dispose of insolvent property (3). Following a bankruptcy ruling by the commercial court, the curator is responsible for protecting the bankrupt debtor's assets and fulfilling the terms of any agreements reached with creditors, as well as keeping track of those assets and holding meetings to reconcile any discrepancies between them and the debtor's receivables.