Pengawasan Terhadap Hakim Pengawas dalam Kepailitan Menurut Hukum Positif Indonesia

Abstract

This thesis is the result of research that tries to explain how the supervision of Supervisory Judges in Bankruptcy based on Positive Law in Indonesia. The Supervisory Judge is one of the parties that has a role in the process of managing and administering the bankruptcy assets of a debtor declared bankrupt based on a bankruptcy declaration by the Commercial Court. Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations mandates the Supervisory Judge to supervise the management and administration of bankruptcy assets. The background of this research is that the main task of the Supervisory Judge is to supervise the performance of the Curator in managing and administering the bankruptcy estate. This thesis will explain how the Supervisory Judge is actually positioned in the judiciary in Indonesia and how the Supervisory Judge's duties relate to Commercial Judges in general. This research uses normative juridical research methods, with data collection techniques through literature studies and interview techniques. The result of this research is that Supervisory Judges are the same as Judicial Judges who in the bankruptcy statement decision issued by the Examining Judge / Case Decision Maker at the Commercial Court are appointed as Judges who are bound by laws and regulations that must be obeyed by Judicial Judges in general. Supervisory Judges are also supervised based on the applicable Code of Ethics and Code of Conduct for Judges. If they violate