Responsibility Curator of bankrupt assets in terms of the Bankruptcy Law and PKPU (Posponement of Debt Payment Obligations)

Kaprawi, Arifin Ilham (2020) Responsibility Curator of bankrupt assets in terms of the Bankruptcy Law and PKPU (Posponement of Debt Payment Obligations). Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

At the writing of this thesis the author discusses the responsibility of the Curator for bankruptcy assets to clarify the authority possessed by the Curator and the limitations of the Curator's responsibilities. Because so far there has been no clear boundary regarding the responsibilities of the Curator. Which resulted in losses suffered by the Curator. That all this time, the Curators and the parties, both the debtor and the creditor, often suffer losses due to lack of clarity in the Bankruptcy Act and PKPU which does not clearly regulate the limitations of responsibility of the Curator, if the Curator is negligent or intentionally causes losses for debtors and creditors. Based on this matter the problem formulated is how the limitations of the Curator's responsibility for the losses suffered by the debtor due to the mistakes of the Curator? How was the process of resolving compensation between the Curator and those who aggrieved? The results of the study show that the legal consequences related to the limitations of the Curator's responsibilities are not regulated in the Law, resulting in a legal vacuum that can harm one of the litigants in the bankruptcy process. And regarding the compensation process the law does not regulate whether through a commercial court or through a state court, because the commercial court does not regulate the compensation process caused by the Curator's negligence, so the compensation process is submitted to the District Court.

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