URGENCY OF LEGAL CERTAINTY TOWARDS IMPLEMENTATION OF CURATORS DUTIES AND AUTHORITIES

Abstract

Bankruptcy is a special field in solving debts and receivables. There are still many people who misunderstand the contents of bankruptcy law, including curators. Curators have strategic duties and authorities in resolving bankruptcy disputes in the community. The purpose of this study is to analyze the duties and authorities of curators in carrying out verification of all claims submitted by parties who have receivables against bankrupt debtors. To a certain extent, the work of a curator must be considered as a “court representative”, meaning that the task of curator is to settle company assets declared bankrupt by the court. Besides, the task of the curator is to execute bankrupt assets in practice. Problems will be analyzed using legal research. The research approach uses statutes and conceptual approaches. The results of the study are that there is a need for legal certainty and legal guarantees for curators in carrying out their duties. This is because curators in carrying out their duties and authorities often experience friction with the authority of the prosecutor’s office, the police, and or district court judges. The results of this study found several things that curators have two main obligations, namely curators carrying out statutory duties and curators holding the trust of the courts, debtors, and creditors (fiduciary duties/fiduciary obligations). This study contributes mainly to legal certainty for parties facing bankruptcy issues. To support its work, the curator must uphold honesty, independence, neutrality or impartiality in the interests of one party, both the debtor and the creditor. Besides, in carrying out its duties, it must uphold the values of integrity and objectivity for the achievement of objectives, namely the fair resolution of bankruptcy assets, both for creditors and debtors.