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VOL. 11, ISSUE 8 (2025)
Legal protection for curators in performing their duties and authorities against obstacles and resistance from bankrupt debtors
Authors
Della Anggun Paramita, Umi Enggarsasi, Raden Bese Kartoningrat
Abstract
This article is titled and formulates the issue of Legal Protection for
the Curator in Carrying Out Their Duties and Authorities Against Obstacles and
Resistance from Bankrupt Debtors. Aiming to enrich the treasury of knowledge
and to be used for the development of Law in general, for Criminal Procedure
Law and Bankruptcy Law, as well as to contribute ideas to law enforcement
practitioners, legislators, and curators in dealing with bankruptcy cases. The
research method used in this study is normative juridical legal research. Legal
research is conducted to solve the legal issues faced. Legal research is
carried out to identify legal problems, perform legal reasoning, analyze the
issues encountered, and then provide solutions to those problems. Based on the
discussion, it can be concluded that the legal protection of the curator in
carrying out their duties and authority against obstacles and resistance from
the bankrupt debtor is that the legal protection of the curator when performing
the management and settlement of the bankrupt debtor's assets can be subject to
civil or criminal charges related to the execution of the management and
settlement of the bankrupt debtor's assets, which are considered to have
committed unlawful acts. According to Article 72 in conjunction with Article 78
paragraph [2] of the UUK PKPU, the curator has personal
responsibility for the authority to perform the duties of managing and settling
the bankrupt debtor's assets. The legal protection of the curator based on
Article 50 of the Criminal Code states that a curator appointed according to the
bankruptcy decision from the Commercial Court, in accordance with the
provisions of the UUK PKPU and the Civil Code, in performing the duties of
managing and settling the bankrupt debtor's assets by securing and seizing the
bankrupt debtor's assets, does not constitute a criminal act. In Article 50 of
the Penal Code, the use of authority can be justified when performing such
duties in accordance with their authority and in line with the objectives and
mandates of the legislation. The curator can take various legal actions against
the obstacles and resistance of the bankrupt debtor, such as filing other
lawsuits and settling the bankrupt estate.
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Pages:11-18
How to cite this article:
Della Anggun Paramita, Umi Enggarsasi, Raden Bese Kartoningrat "Legal protection for curators in performing their duties and authorities against obstacles and resistance from bankrupt debtors". International Journal of Law, Vol 11, Issue 8, 2025, Pages 11-18
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