The Role of Curators in Optimizing The Assets of Bankruptcy Debtors in The Form of Shares to Settle The Company's Debts

Abstract

This research examines the role of curators in optimizing bankruptcy debtors' assets in the form of shares to settle company debts. This research aims to examine and analyze the role of curators in optimizing bankrupt debtor assets in the form of shares to settle company debts as well as the inhibiting factors and solutions that influence the role of curators in optimizing bankrupt debtor assets in the form of shares to settle company debts. This research uses non-doctrinal legal research with a juridical-sociological approach. Types and sources of legal materials consist of primary data, secondary data and tertiary data. Data collection techniques through field studies and literature studies. Data processing analysis techniques are carried out using qualitative methods using deduction logic. The results of this research are that the role of the curator in increasing bankruptcy assets aims to ensure that the final value of bankruptcy assets is sufficient to cover all the debtor's debts to creditors, moreover it can minimize losses suffered by the debtor. Inhibiting factors experienced by curators include not being allowed by the bankruptcy debtor or being prevented from entering his office or residence and being threatened by the debtor or his attorney to be criminally reported as having entered the grounds unlawfully (Article 167 of the Criminal Code), reported by the debtor to the police on the basis of entering false information because he rejected creditors' claims which according to the Debtor were his creditors (Article 263 of the Criminal Code), Reported by the Debtor to the Police for defamation due to the bankruptcy announcement made by the Curator and Reported by the Debtor to the Police on the basis of embezzlement because he had made a sale bankruptcy estate without his consent. It would be better if in the future the law needs to provide strict limits on the duties and authority of curators in managing and settling bankrupt assets, because there are no strict limits on the extent to which curators can act, so that there is no abuse of authority by curators and curators should be equipped with special abilities and professionalism to run the company so that errors do not occur in continuing the debtor's business and actually cause losses to the bankruptcy estate