Pertimbangan Hukum Hakim dalam Gugatan Lain-Lain Terkait Penolakan Pengakuan Tagihan Hutang oleh Kurator (Studi Putusan PN Niaga Medan Nomor 08/PDT-SUS.Lain-Lain/2015/Pengadilan Niaga MDN JO. Putusan Nomor 08/PDT-SUS.PAILIT/2015/Pengadilan Niaga MDN)

Abstract

The curator as referred to in Article 69 paragraph (1) of Law No. 37 of 2004 concerning K-PKPU states that the curator's duties are to manage and settle bankrupt assets, judging from this explanation it can be understood that the main task carried out by the curator since his appointment is to secure the bankrupt assets. PT Jasa Marine Engineering has debts to PT. Kundur Prima Jaya and CV. Cipta Karya Mandiri and has not paid off at least one debt that has matured and can be collected, is declared bankrupt by court decision. In the settlement of the bankruptcy case, there is a party that submits a debt collection to PT Jasa Marine Engineering. However, the collector in this case is not a creditor registered in the bankruptcy case. Then the debt collection submitted by the creditor is rejected by the curator. Debt recognition is very important in determining the task of settling bankrupt assets, therefore the curator must not carelessly accept or acknowledge the debtor's debt. The problems that will be discussed in this study are the legal certainty of the creditor's right to collect which is rejected by the curator in terms of settling bankrupt assets, the curator's responsibility in rejecting the claim submitted by the creditor, analysis of the legal judge's considerations regarding Decision Number 08/Pdt/.Sus-Lain-lain/2015/Pengadilan Niaga. Mdn. The research was conducted using a normative approach method and was descriptive in nature. The research materials used were from primary legal materials, secondary legal entities and tertiary legal materials. The data collection technique was by means of literature study. The data analysis used in this thesis research was qualitative data analysis. The results of the study are legal certainty regarding the creditor's right to claim rejected by the curator in the case of settling bankrupt assets, so in this case the Supervisory Judge has an important role. The Supervisory Judge has the authority to reconcile the parties who are in dispute. If it cannot be reconciled, the Supervisory Judge can decide based on Article 229 (2) in conjunction with Article 278 paragraph (6) of Law No. 37 of 2004 concerning K-PKPU, the curator's responsibility in rejecting claims submitted by creditors is carried out by coordinating with the Supervisory Judge, the Supervisory Judge's Determination regarding the First Creditor Meeting, Claim Submission Limit and Verification Meeting, and Announcing the bankruptcy situation in newspapers and daily news of the Republic of Indonesia. The curator must also notify the bankruptcy decision and hold a meeting with the Company's Board of Directors, request documents that must be submitted by the debtor, determine the sealing of the bankrupt estate, provide direction to the board of directors regarding the consequences of bankruptcy, send invitations to the first creditor meeting to the bankrupt debtor and creditors, and receive creditors' receipts and a temporary list of creditors. The judge's consideration in Decision Number 08/Pdt/.Sus-Lain-lain/2015/Pengadilan. Niaga. Mdn, the judge granted the plaintiff's lawsuit, the decision was considered appropriate, by including the Creditor's bill into the list of concurrent creditors who have receivables to the debtor.