Tanggung Jawab Kurator dalam Menerapkan Asas Pari Passu Prorata Parte pada Pengurusan dan Pemberesan Harta Pailit (Studi Putusan Nomor 16/Pdt.Sus-PKPU/2019/PN.Niaga.Mdn)

Abstract

The principle of pari passu pro rata parte is an important guide to be applied by the curator who has the authority and responsibility to manage and administer the assets of the bankrupt debtor under the supervision of the supervisory judge, with the main objective of using the proceeds from the sale of the assets to pay all debts of the bankrupt debtor proportionally and in accordance with the creditor structure. The formulation of the problems in this study are how the regulation of the application of the principle of pari passu pro rata parte in the distribution of the bankrupt debtor's assets; how the curator's responsibility in applying the principle of pari passu prorata parte to the distribution of bankruptcy assets based on Decision Number 16/Pdt.Sus PKPU/2019/ PN.Niaga.Mdn; and what are the legal consequences if the curator does not and/or neglects to apply the principle of pari passu pro rata parte in the distribution of the bankrupt debtor's assets. The type of research used in is normative juridical legal research. The nature of this research is descriptive analysis. Data collection techniques used are field studies to obtain primary data through interviews with curators, as well as with literature studies to obtain secondary data which includes primary, secondary, and tertiary legal materials. Analyzed with qualitative data analysis methods and deductive conclusions. Based on the results of the study, the regulation of the application of the principle of pari passu pro rata parte in the distribution of bankruptcy property is contained in Article 189 paragraphs (4) and (5) and explained in Article 176 letters (a) and (b) of the bankruptcy law, and Article 1131, Article 1132 of the Civil Code. The responsibility of the curator in applying the principle of pari passu prorata parte to the distribution of bankruptcy assets based on Decision Number 16/Pdt.Sus-PKPU/2019/ PN.Niaga.Mdn is to classify the position of creditors in bankruptcy among Separate Creditors, Preferred Creditors, and Concurrent Creditors without any precedence over one another. The legal consequences if the curator does not and/or neglects to apply the principle of pari passu pro rata parte in the distribution of the bankruptcy debtor's assets can be charged with legal responsibility as stipulated in Article 1365 of the Civil Code regarding unlawful acts