Madani: Multidisciplinary Scientific Journal
Vol 3, No 1 (2025): February

Tugas dan Tanggung Jawab Seorang Hakim Pengawas Terhadap Penyelesaian Perkara Pailit di Pengadilan Niaga Menurut Undang-Undang Kepailitan No 37 Tahun 2004

Silva, Xerxes Elika Da Conceicao (Unknown)
Sulistyowati, Erny Herlin (Unknown)



Article Info

Publish Date
26 Jan 2025

Abstract

The purpose of this study is to determine the function and responsibilities of the supervisory judge in carrying out the task of settling bankrupt assets. Basically, before the declaration of bankruptcy, the debtor's rights to take all legal actions regarding his assets must be respected. Of course, by paying attention to the contractual rights and obligations of the debtor according to laws and regulations. Since the court pronounces a bankruptcy decision in a hearing open to the public against the debtor, the bankrupt's rights and obligations are transferred to the curator to manage and control his assets. A debtor who has two or more creditors and does not pay off one debt that has matured and can be collected can be declared bankrupt, either at the request of the debtor himself or at the request of one or more of his creditors, and other authorized parties, based on this, the problem is formulated as to what are the legal consequences of a bankruptcy declaration decision, the responsibility of the supervising judge in implementing the management and settlement of bankrupt assets by the curator, and what obstacles are faced by the supervising judge in carrying out his duties and responsibilities in resolving Bankruptcy and PKPU cases.

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