Strengthen the regulations and practices of supervision in the bankruptcy process

Oct 13, 2025 by talynt.org 69 views

The Role of the Curator in Securing Bankruptcy Assets Based on Law Number 37 of 2004

Introduction

The curator plays a crucial role in securing bankrupt assets, also known as bankrupt boedel, in the bankruptcy process. The main task of the curator is to manage and protect all debtors' assets, which includes storing documents, money, jewelry, securities, and other assets. This study aims to understand and analyze the role of the curator in the settlement of bankruptcy, including its authority and responsibility in maintaining bankruptcy boedel based on Law Number 37 of 2004 concerning Bankruptcy and Delay of Debt Payment Obligations, as well as the application of the law by the judges related to the implementation of the duties and authority of the curator as referred to as listed in Decision Number 5/Pdt.Sus-Gugatanlainiain/2019/Pn.Niaga.Jkt.Pst.

The Importance of the Curator's Role

The curator's role is vital in ensuring justice and security of assets in the bankruptcy process. The curator is responsible for managing and protecting all debtors' assets, which includes storing documents, money, jewelry, securities, and other assets. This is a critical task, as it ensures that the assets are not misused or lost during the bankruptcy process. The curator's role is also important in ensuring that the interests of creditors are protected.

Research Methodology

The method used in this study is a juridical normative descriptive research method. In this study, literature studies were applied to obtain secondary data that included primary, secondary, and tertiary legal materials, as well as analysis using qualitative normative data analysis methods.

Research Findings

Based on the results of the study, it was found that the curator had the authority to carry out its duties from the date of the bankruptcy decision it was spoken by the panel of judges. Referring to Article 69 of the Bankruptcy Law, the task of the curator is divided into several stages, namely the management stage and the completion stage. In carrying out their duties, the curator is required to immediately maintain the security of the debtor's assets that experience bankruptcy, which includes the collection and storage of all letters, money, jewelry, securities, and other assets by giving a receipt in accordance with the provisions of Article 98 of the Bankruptcy Law.

However, in the case of decision 5/Pdt.Sus-Gugatanlainiain/2019/Pn.Niaga.jkt.Pst, there are significant deficiencies. The legal decision was announced on May 2, 2019, which was more than 60 days after the lawsuit submit, so that it did not meet the requirements to be another lawsuit case. In addition, this case can be called Pauliana's action, because there is evidence that there is an agreement to move the rights and obligations to the bankrupt boedel. This situation shows the need to increase supervision of the curator to avoid legal actions that can harm creditors.

The Authority and Responsibility of the Curator

The curator has the authority to carry out its duties from the date of the bankruptcy decision it was spoken by the panel of judges. The curator's authority is based on Article 69 of the Bankruptcy Law, which states that the curator is responsible for managing and protecting all debtors' assets. The curator's responsibility is to immediately maintain the security of the debtor's assets that experience bankruptcy, which includes the collection and storage of all letters, money, jewelry, securities, and other assets by giving a receipt in accordance with the provisions of Article 98 of the Bankruptcy Law.

The Application of the Law by the Judges

The application of the law by the judges related to the implementation of the duties and authority of the curator is crucial in ensuring that the curator's role is carried out effectively. The judges have the authority to make decisions related to the bankruptcy process, including the appointment of the curator and the implementation of the curator's duties. The judges must ensure that the curator's role is carried out in accordance with the provisions of the Bankruptcy Law, including Article 69 and Article 98.

Conclusion

The role of the curator in safeguarding bankrupt assets is vital to ensure justice and security of assets in the bankruptcy process. By understanding the duties and authority of the curator based on Law Number 37 of 2004, as well as studying the application of law in practice, we can see the importance of strict supervision of the curator. This will help protect the interests of creditors and ensure that bankrupt assets are well managed. Limitations in the supervision and implementation of the task of the curator have the potential to have a negative impact on creditors, therefore, it is important to strengthen the regulations and practices of supervision in the bankruptcy process in Indonesia.

Recommendations

Based on the findings of this study, the following recommendations are made:

Strengthen the regulations and practices of supervision in the bankruptcy process: The regulations and practices of supervision in the bankruptcy process must be strengthened to ensure that the curator's role is carried out effectively.
Increase supervision of the curator: The supervision of the curator must be increased to ensure that the curator's duties are carried out in accordance with the provisions of the Bankruptcy Law.
Ensure that the curator's role is carried out in accordance with the provisions of the Bankruptcy Law: The curator's role must be carried out in accordance with the provisions of the Bankruptcy Law, including Article 69 and Article 98.
Protect the interests of creditors: The interests of creditors must be protected by ensuring that the curator's role is carried out effectively and that the bankrupt assets are well managed.

By implementing these recommendations, the role of the curator in safeguarding bankrupt assets can be ensured, and the interests of creditors can be protected.
Frequently Asked Questions (FAQs) about the Role of the Curator in Securing Bankruptcy Assets

Q: What is the role of the curator in securing bankruptcy assets?

A: The curator plays a crucial role in securing bankrupt assets, also known as bankrupt boedel, in the bankruptcy process. The main task of the curator is to manage and protect all debtors' assets, which includes storing documents, money, jewelry, securities, and other assets.

Q: What are the duties of the curator in the bankruptcy process?

A: The curator's duties in the bankruptcy process include:

Managing and protecting all debtors' assets
Collecting and storing all letters, money, jewelry, securities, and other assets
Giving a receipt in accordance with the provisions of Article 98 of the Bankruptcy Law
Maintaining the security of the debtor's assets that experience bankruptcy

Q: What is the authority of the curator in the bankruptcy process?

A: The curator has the authority to carry out its duties from the date of the bankruptcy decision it was spoken by the panel of judges. The curator's authority is based on Article 69 of the Bankruptcy Law, which states that the curator is responsible for managing and protecting all debtors' assets.

Q: What is the importance of the curator's role in the bankruptcy process?

A: The curator's role is vital in ensuring justice and security of assets in the bankruptcy process. The curator's role is also important in ensuring that the interests of creditors are protected.

Q: What are the limitations of the curator's role in the bankruptcy process?

A: The limitations of the curator's role in the bankruptcy process include:

Lack of supervision and implementation of the task of the curator
Inadequate training and expertise of the curator
Insufficient resources and funding for the curator

Q: How can the curator's role be improved in the bankruptcy process?

A: The curator's role can be improved in the bankruptcy process by:

Strengthening the regulations and practices of supervision in the bankruptcy process
Increasing supervision of the curator
Ensuring that the curator's role is carried out in accordance with the provisions of the Bankruptcy Law
Protecting the interests of creditors

Q: What are the consequences of not having a effective curator in the bankruptcy process?

A: The consequences of not having an effective curator in the bankruptcy process include:

Loss of assets and property
Injustice and unfair treatment of creditors
Delay and inefficiency in the bankruptcy process

Q: How can creditors protect their interests in the bankruptcy process?

A: Creditors can protect their interests in the bankruptcy process by:

Monitoring the curator's role and activities
Ensuring that the curator's duties are carried out in accordance with the provisions of the Bankruptcy Law
Seeking legal advice and representation in the bankruptcy process

Q: What is the future of the curator's role in the bankruptcy process?

A: The future of the curator's role in the bankruptcy process is uncertain, but it is likely that the role will continue to evolve and improve. The curator's role will likely become more important and complex as the bankruptcy process becomes more sophisticated and globalized.

Q: How can the public get involved in the bankruptcy process?

A: The public can get involved in the bankruptcy process by:

Educating themselves about the bankruptcy process and the role of the curator
Participating in public hearings and consultations on bankruptcy reform
Supporting organizations and advocacy groups that promote bankruptcy reform and creditor protection.