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All Journal Lex Stricta : Jurnal Ilmu Hukum
Nur Azlina Abul Kalam
Universitas Pembangunan Nasional "Veteran" Jawa Timur
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Prosedur Pemberesan Harta Pailit Terhadap Debitor Pailit Yang Tidak Kooperatif: Studi Kasus Soebali Sudjie (Dalam Pailit) Nur Azlina Abul Kalam; Waluyo
Lex Stricta : Jurnal Ilmu Hukum Vol. 5 No. 1 (2026)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lexstricta.v5i1.1765

Abstract

This study examines the settlement of bankruptcy assets against bankruptcy debtors who are not cooperative with the case study of Soebali Sudjie (in bankruptcy) as a personal guarantee for PT Trimega Utama Corporindo's credit facility to Raiffeisen Bank International AG, which was ruled bankrupt by the Central Jakarta Commercial Court to the cassation level at the Supreme Court. This study focuses on the authority of the curator based on Law Number 37 of 2004 when the debtor refuses to provide information, does not submit documents, obstructs access to financial data, or is suspected of concealing assets. With a legal and case approach, the study shows that curators have legal instruments to secure and collect bankruptcy assets, including confiscation and possession of assets, requests for the assistance of supervisory judges, traceability of assets through third parties, and submission of actio pauliana. However, there is a gap between normative authority and the effectiveness of its implementation. Debtor uncooperative can hinder the verification and identification of assets, increase settlement costs, and reduce the potential for creditor recovery. Therefore, the effectiveness of settlement requires curatorial professionalism, coordination with creditors and law enforcement, and active support of supervisory judges to ensure the protection and fulfillment of creditors' rights in a fair and proportionate manner.
Co-Authors Waluyo