Gugatan Renvoi Akibat Kesalahan dan Kelalaian Kurator dalam Penetapan Daftar Pembagian Tetap Piutang Pailit (Studi Putusan Nomor: 3/Pdt.Sus-Renvoi/2020/PN. Smg Jo Putusan Nomor: 2/Pdt.Sus-Pailit/2019/PN. Smg

Abstract

It is very important that this renvoi lawsuit is present as a legal means that can be filed by parties who feel aggrieved to correct the injustice caused by the curator's error or negligence. By filing a renvoi lawsuit, creditors who feel their rights have been violated can ask the court to re-examine the list of fixed distribution of receivables based on the facts in the trial to avoid legal problems in the future and to ensure legal certainty and the fulfillment of creditor rights. The formulation of the problem in this thesis is: 1) What are the errors and negligence made by the Curator in determining the list of fixed distribution of bankrupt receivables and their impact on Creditors; 2) What is the procedure for a renvoi lawsuit filed by Creditors as parties who feel aggrieved due to the curator's errors and negligence; 3) What are the legal considerations related to Decision Number: 3 / Pdt.Sus-Renvoi Procedure / 2020 / PN. Smg Jo. Decision Number: 04 / Pdt.Sus-Pailit / 2019 / PN.Smg). The research method used is the normative-Empirical legal research method by conducting library research and supported by field research to obtain the required data, including primary legal materials, secondary legal materials, tertiary legal materials, and interviews. All of the data were collected using the library study and interview data collection methods. The results of the study are presented descriptively in order to obtain an explanation of the problems discussed. Based on the results of the study, it can be concluded that errors and negligence made by the curator occurred due to a lack of caution in making a distribution list or personal interests that are not in line with the principles of independence and professionalism which have an impact on creditors who suffer losses because their rights that they should have received are not fulfilled. The party that can make a renvoi lawsuit is a Creditor whose bill is rejected by the curator or who is in dispute with the Curator. That this Decision should also consider the administrative efforts that have been made by the applicant, but because of the length of the administrative process in court to submit a Copy of the Bankruptcy Distribution List to the applicant.