Journal Indonesia Law and Policy Review (JILPR)
Vol. 2 No. 2 (2021): Journal Indonesia Law and Policy Review (JILPR), February 2021

PRETRIAL BY CURATOR IN BANKRUPTCY PROCESS (A REVIEW OF THE CASE OF DECISION NO. 89 /PID.PRAP/2016/PN.JAKSEL)

Papang Sapari (Unknown)



Article Info

Publish Date
27 Feb 2021

Abstract

The curator is a party appointed by law through the Decision of the Commercial Court Judge at the District Court in a bankruptcy case to administer Bankruptcy assets. In Law Number 37 of 2004 concerning Bankruptcy and PKPU, the Curator is tasked with increasing the debtor's bankruptcy assets for the benefit of the Creditors as much as possible, but in carrying out these duties, the Curator can be criminalized by both the Creditors and the Debtors themselves. The Bankruptcy Law and PKPU have not guaranteed legal certainty and protection for curators when carrying out their duties. the bankruptcy application process, namely the process of requesting a decision to declare bankruptcy is regulated in Article 6 to Article 11 of the Bankruptcy Law. An application for bankruptcy can only be submitted at the request of one or more applicant subjects who have the legal standing as regulated in Article 2 of the Bankruptcy Law. This application is addressed to the Chairman of the Commercial Court whose jurisdiction includes the area where the debtor's legal domicile is.

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Journal Info

Abbrev

jirpl

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal Indonesia Law and Policy Review (JILPR) is an international, peer-reviewed journal publishing articles on all aspects of LAW, POLICY REVIEW and SOCIAL SCIENCES. Journal Indonesia Law and Policy Review (JILPR) welcomes submissions of the following article types: (1) Papers: reports of ...