TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP KURATOR DALAM MELAKSANAKAN TUGAS BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG

Abstract

A curator plays a crucial role in bankruptcy cases for both companies and individuals. The curator's role is outlined in Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. Definitively, a curator is defined as an estate agent or an individual appointed by the court to manage and settle the assets of a bankrupt debtor under the supervision of a supervising judge. The many tasks assigned to the curator result in the curator facing many obstacles, such as non-cooperative actions and other psychological actions carried out by bankrupt debtors and bankrupt creditors. discriminatory actions and criminalization often occur against curators. The aim of this study is to determine and analyze the duties of a curator based on the mandate of Law Number 37 of 2004 concerning bankruptcy and suspension of debt payment obligations, both in terms of management and settlement. to find out and analyze what obstacles the curator faces in carrying out his duties and what legal consequences the curator will receive for reports submitted to him. As well as to know and analyze how to apply the principle of legal protection from the state to curators in carrying out their duties and legal protection for curators currently. The research method used in this research is a normative juridical approach, namely research based on primary legal materials by examining theories, concepts, legal principles, and legislation in obtaining library technical data and conducting interviews, which are analyzed qualitatively, namely data obtained from information and interview results that are described to achieve clarity on the problems discussed. The results of this study indicate that there are already regulations related to bankruptcy but are less detailed regarding the management and settlement tasks for the curator team itself and there is no legal protection for curators from the state in carrying out their duties, while legal protection for curators is obtained from the curator organization itself.

Keywords: Bankruptcy, Curator, Debt, Debtor, Creditor