TINJAUAN YURIDIS PEMBAYARAN IMBAL JASA KURATOR ATAS SUATU KEPAILITAN YANG TELAH DIBATALKAN BERDASARKAN PUTUSAN PENGADILAN (STUDI KASUS PENETAPAN NOMOR: 1/PDT.SUS-PEMBATALAN-PERDAMAIAN/2022/PN.NIAGA.SMG)

Felicia Situmorang, . (2024) TINJAUAN YURIDIS PEMBAYARAN IMBAL JASA KURATOR ATAS SUATU KEPAILITAN YANG TELAH DIBATALKAN BERDASARKAN PUTUSAN PENGADILAN (STUDI KASUS PENETAPAN NOMOR: 1/PDT.SUS-PEMBATALAN-PERDAMAIAN/2022/PN.NIAGA.SMG). Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

Supreme Court Decision Number 43 PK/Pdt.Sus-Pailit/2022 (“Bankruptcy Decision”) annulled the Republic of Indonesia Supreme Court Decision Number 874K/Pdt.Sus-Pailit/2022 (“Bankruptcy PK Decision”) which resulted in KSP Intidana no longer being in a state bankruptcy or return to its original state. As long as KSP Intidana was in bankruptcy, namely on 27 July 2022 until it was canceled on 18 November 2022, the Curator had carried out his work so that the Curator continued to be paid from 27 July 2022 to 18 November 2022 as stated in the Curator's Fee Determination. The research method used in this research is a normative juridical research method. The first problem formulation is how to carry out payments for curator services in the event that they are canceled by the Court based on the Supreme Court Decision and the second is how payments from a curator who is in bankruptcy provide legal certainty to Creditors and Debtors. The first result of the discussion is the implementation of payment for curator services in the event that it is canceled by the Court, the terms and procedures are regulated in the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 18 of 2021 concerning Guidelines for Remuneration for Services for Curators and Postponement of Debt Payment Obligations where the curator's fee is calculated based on the length of service. as curator, the size or number of bankruptcy cases that have been handled, the value of bankruptcy assets that have been handled, matters related to the Curator's track record during the management and settlement process, the number of Creditors, the location of the bankruptcy assets handled and the reasonableness of the time assigned in carrying out the work. The second result of the discussion was that the payment of the curator's fee did not provide legal certainty and legal justice for creditors and debtors because the Panel of Judges erred in considering the reasonableness of the time in the Minister of Law and Human Rights Regulation on the curator's fee.

Item Type: Thesis (Tesis)
Additional Information: [No. Panggil: 2210623051] [Pembimbing 1: Imam Haryanto] [Pembimbing 2: Muthia Sakti] [Penguji 1: Atik Winanti] [Penguji 2: Iwan Erar Joesoef]
Uncontrolled Keywords: Legal certainty, Payment of curator fees, Bankruptcy
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum (S2)
Depositing User: FELICIA
Date Deposited: 02 Sep 2024 04:23
Last Modified: 02 Sep 2024 04:23
URI: http://repository.upnvj.ac.id/id/eprint/33438

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