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Salsabila, Natasya Vernanda Putri
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Law, Crime, Criminology & Criminal Justice

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Curator's Responsibility for Errors in the Administration of Bankrupt Estate that Causes Losses to Creditors Warjiyati, Sri; Murtadho, Nazhif Ali; Salsabila, Natasya Vernanda Putri
Lambung Mangkurat Law Journal Vol. 10 No. 2 (2025): September
Publisher : Program magister Kenotariatan Fakultas Hukum Universitas Lambung Mangkurat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32801/abc.v10i2.234

Abstract

This research discusses the Curator's responsibility in managing and settling the assets of a bankrupt debtor, especially when the Curator's negligence causes losses to creditors. Bankruptcy is often the last resort for companies facing financial difficulties. Based on Law no. 37 of 2004, the Curator has the authority to manage and settle bankruptcy assets under the supervision of a judge. However, the crucial role of the Curator also raises the risk of abuse of authority which is detrimental to creditors. This research uses normative legal methods with deductive analysis techniques, examining legal aspects related to the Curator's responsibilities, namely Law no. 37/2004 as well as accountability mechanisms if negligence or errors occur in the bankruptcy process. The research results show that the Curator can be held accountable both legally and personally if his negligence or error results in losses for creditors, with a reporting mechanism to the supervising judge as the first step. These findings highlight the importance of the Curator's integrity and professionalism to ensure fair and effective bankruptcy implementation, as well as protecting creditor rights from potential losses
Co-Authors Murtadho, Nazhif Ali Sri Warjiyati