Wewenang dan Tanggung Jawab Hukum Hakim Pengawas dalam Proses Hukum Kepailitan di Pengadilan Niaga

  • Citra Dewi Saputra Universitas Sjakhyakirti Palembang
Keywords: Arrangement, legal respinsibility, bankcrupty, Commercial Court

Abstract

Debt in the business world is a common thing that is done by individual enterpreneurs or compaines. A business does not always run well and smoothly, frequently the businessmen’s financial situation is such that will one condition to stop paying, which is a condition where the business are not able to pay their debts that have expired. Debt or creditors who face these problems can resolve the debt/ receivable throught bankrupty, because bankcrupty is one means for the solution ofe debts fast, fairly openly, and effectively. Since declared bankcrupt so debtor is no longer has the right to d the maintenance on his property, maintenance, and sefflement of the bankcrupty assets that is done by curator, the supervision is done b the supervisor judge. Along the starting time of the debt is declared bankcrupt until the expiration of bankcrupty it needs a long time, making gap for the curators and the supervisor judge can make mistakes that can couse detriment oh the debtor assets in bankcrupty legal process ini the commersial court. This issue will make a big problem if the rules are not complete and perfect.
The arrangement of legal responsibilityof supervisor judge in the UU No. 37 of 2004 on bankruptcy and suspension of debt payments only limited duty and authority are not regulated in detail about the accountability of judges if the supervisor made a mistakes, and legal responsibilities of the supervisory judge may be the responsibility of civil law, administrative and criminal. It is needed on arrangement of legal responsibility of supervisor judge in the future in UU No. 37 of 2004, to avoid legal inequality.

Published
2021-03-31