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Hamdallah Alfarizqy Asyraf
Airlangga University, Surabaya, Jawa Timur, Indonesia

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Third-Party Assets in Bankruptcy Proceedings: The Role of The Trustee in The Settlement Process Agustinus Widyo Pramono; Tasaufi Ariefzani; Hamdallah Alfarizqy Asyraf; Kristensen Marihot Situmorang
Jurnal Hukum Prasada Vol. 13 No. 2 (2026): Jurnal Hukum Prasada
Publisher : Magister of Law, Post Graduate Program, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jhp.13.2.2026.113-119

Abstract

This study aims to analyze the presence of third-party assets included in the bankruptcy estate (boedel pailit), particularly in the settlement process carried out by the curator. The research questions in this study consist of the limits of the curator's authority in classifying assets as part of the bankruptcy estate in relation to the presence of third parties, and the legal protection for third parties in guaranteeing their rights during the settlement of the estate. The research method used in this study is normative legal research. The problem approach employed in this study consists of a statutory approach. The sources of legal materials used are primary legal materials consisting of statutory regulations or other written regulations related to the research questions in this study. The next type of legal material used is secondary legal materials consisting of books, journal articles, or other scientific papers relevant to this study. The results of the study successfully analyzed a special legal remedy for the curator to file an action pauliana, in order to release or annul the legal acts between a third party and the bankrupt debtor, if it is known or ought to be known that such acts would harm the creditors. Furthermore, this study can serve as a reference for third parties to guarantee their protection over goods acquired in good faith. The guarantee for third parties can be carried out by filing for a suspension of their property if it is included in the bankruptcy estate, or by pursuing a third-party opposition legal remedy to release their property from the bankruptcy estate.