al-Afkar, Journal For Islamic Studies
Vol. 8 No. 4 (2025)

Settlement of Abuse of Authority Relating to the Independence of the Curator Based on Law Number 37 of 2004 Concerning Bankruptcy and Suspension of Debt Payment Obligations

Yulia Putri Maulina (Unknown)
Teuku Syahrul Ansari (Unknown)



Article Info

Publish Date
27 Nov 2025

Abstract

The curator has the principle of independence and impartiality which is one of the main principles recognized and desired by Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. The curator is responsible for errors or negligence in carrying out the duties of managing and settling the bankruptcy estate. Bankruptcy occurs due to bankruptcy experienced by a company. Bankruptcy is part of civil law. However, several bankruptcy cases eventually developed into crimes when the bankruptcy curator who was tasked with handling and administering bankruptcy cases abused his authority, especially in relation to independence. The complexity of resolving bankruptcy assets is further increased by the inclusion of a criminal sanctions article in the Bankruptcy Law which states that if it is proven that the curator is not independent, he can be subject to legal sanctions, both criminal and civil, in accordance with the law.

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Journal Info

Abbrev

Afkar_Journal

Publisher

Subject

Social Sciences

Description

al-Afkar, Journal for Islamic Studies is published by Association of Secondment Lecturers (Asosiasi Dosen DPK) UIN Sunan Gunung Djati Bandung Indonesia. Focus of al-Afkar, Journal for Islamic Studies is on publishing original empirical research articles and theoretical reviews of Islamic Studies, ...