
ANALISIS YURIDIS ATAS PEMBATALAN PERBUATAN HUKUM DEBITUR PAILIT (ACTIO PAULINA) DIKAITKAN DENGAN PERAN DAN FUNGSI KURATOR
Author(s) -
Robert Manullang,
Muhammad Taufiq
Publication year - 2018
Publication title -
living law/jurnal ilmiah living law
Language(s) - English
Resource type - Journals
eISSN - 2550-1208
pISSN - 2085-8078
DOI - 10.30997/jill.v10i2.1495
Subject(s) - bankruptcy , paragraph , law , payment , verdict , legal research , business , political science , finance
The study referred to Verdict No. 1/ Actio Paulina/ 2011/ Commercial District Court of Makassar. The object of this research is to analyze the legal implications of the cancellation of legal deeds of Debtors who have been declared bankrupt and know the authority of the Curator in performing its functions and roles after the decision of bankruptcy stipulated by the court. The research method used is normative with secondary data as a data source, which analyzed qualitatively and the results are presented descriptively. The results shows the creation of legal certainty in Article 41 paragraph (1) Law Number 37 Year 2004 about Bankruptcy and Suspension of Debt Payment Liability. Moreover, it also implies to the bankrupt assets itself, to refund the money back to its original state and to be in the control of the Curator for later handling and/ or ordering of bankrupt property. In performing its functions and roles, curator’s authority is enormous. Therefore, there will be provisions on the obligations of the Curator to report all activities and policies issued to Supervisors in the future.