Pemidanaan terhadap kurator dalam perkara kepailitan dan PKPU ditinjau dari aspek keadilan bermartabat

Simanjuntak, Ranto (2023) Pemidanaan terhadap kurator dalam perkara kepailitan dan PKPU ditinjau dari aspek keadilan bermartabat. Doctoral thesis, Universitas Pelita Harapan.

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Abstract

The curator is an important and strategic organ in the process of bankruptcy and postponement of debt payment obligations. In accordance with the provisions of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt, the Curator is given broad and broad duties and powers in managing and settling the assets of a bankrupt debtor. In carrying out its broad and broad duties and powers, the Curator must comply with the rules of the game stipulated by law, which must be independent and not have a conflict of interest (Article 15 paragraph (3) of the Bankruptcy and Suspension of Obligations for Payment of Debt and must not make mistakes or omissions that causing losses to bankruptcy assets (Article 72 of the Law in conjunction with Article 234 of Bankruptcy and Suspension of Obligations for Payment of Debt. There is a criminal threat for the Curator who violates the rules of the game. However, Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt Suspension of Obligations for Payment of Debt does not include criteria for criminal acts and criminal sanctions for the Curator. Regulations governing criminal provisions related to bankruptcy and Suspension of Obligations for Payment of Debt are regulated in the Criminal Code. The involvement of criminal law in bankruptcy cases and PKPU places bankruptcy law as if it is not autonomous and undignified. Curators are also vulnerable to being criminalized in carrying out their duties and powers. Problems in a legal system do not require interference from other legal systems for the realization of holistic dignified justice, both for the legal system and commercial court institutions, as well as for the parties involved in the bankruptcy process and Suspension of Obligations for Payment of Debt.

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