Pertanggungjawaban Pengurus dalam Kasus Manipulasi Utang Debitur dalam Keadaan Penundaan Kewajiban Pembayaran Utang: Analisis Putusan No. 1827/Pid.B/2022/Pn.Sby

Abstract

During the management or administration of bankruptcy assets, the curator or administrator is under the supervision of a supervisory judge based on a commercial court decision. Unscrupulous curators and administrators assume that debtors do not understand the law related to asset management, thus creating the intention to act fraudulently in managing the debtor's assets. Curators and administrators who commit fraudulent acts are often referred to as the bankruptcy mafia. So in this case the curator or administrator is not independent in carrying out their duties. With this background, the formulation of the problem to be discussed is How is the legal responsibility of the management who manipulates the debtor's debt? How is the role of the Curator Association in preventing the manipulation of debtor debt by the management? How is the legal analysis of the management in the case of debt manipulation that is detrimental to the debtor in the study of Judge Decision No. 1827/Pid.B/2022/PN.Sby? This research uses normative support by empirical legal research methods related to the normative legal provisions of laws and regulations (norms or rules) and their implementation in every legal event that occurs in a society. This research data uses secondary data collection (literature and written documents) through literature studies and document studies and primary data collection (data on the object of research conducted) through interviews with sources. This research data analysis uses qualitative, comprehensive, and complete data analysis methods so as to produce more perfect research results which conclusions from the results of this research are drawn using the deductive method. The results of the study indicate that administrators who are proven to have partiality towards one of the parties have violated Law No. 37 of 2004 concerning Bankruptcy and suspension of debt payment. The management in this case can be held criminally and civilly liable in accordance with the provisions of the applicable laws and regulations. The Panel of Judges sentenced the management who had been proven to have manipulated the preparation of the debtor's debt for 2 years in prison. With this case, it is hoped that the administrators or curators in carrying out their duties must remain compliant with the applicable laws and regulations and it is a deterrent effect if there are curators who want to cheat in the suspension of debt payment or bankruptcy