Peran Kurator terhadap Pengurusan dan Pemberesan Harta Pailit dalam Kaitannya Pengajuan Gugatan Actio Pauliana

Abstract

The management and/or settlement of the bankruptcy assets is handed over to the curator appointed by the court, supervised by a supervisory judge appointed by the court judge. The task and role of the curator is to manage and settle the bankruptcy estate. In the case of managing and settling bankruptcy assets that were transferred before the bankruptcy decision, the curator will file an actio pauliana lawsuit. Therefore, this thesis is entitled "The Role of the Curator in the Management and Settlement of Bankruptcy Assets in Relation to the Filing of the Actio Pauliana Lawsuit." Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations? 2. What evidence can the curator submit regarding the Actio Pauliana lawsuit Bankruptcy Assests? 3. What are the obstacles faced by the curator in submitting proof of the Actio Pauliana lawsuit of Bankruptcy Assests? The method used in writing this thesis is the Normative Research Method supported by field research, namely a research method on statutory regulations both in terms of the hierarchy of statutory regulations (vertical) and the harmonious relationship of legislation (horizontal) supported by field research in the form of interviews with curators and decision analysis. The results of the research found that while carrying out their duties the Curator had obstacles. legal substance constraints such as proof so that the lawsuit can be accepted, legal structure constraints such as legal action and execution of decisions that have permanent legal force as well as legal culture constraints such as the lack of good faith from the debtor, dishonesty and third parties who are not cooperative in implementing the decision. In resolving the obstacles faced by curators, they must not only wait for the case to be proven but must actively seek solutions to the obstacles they face in carrying out their duties.