Abstract
The Law on Bankruptcy and the Obligation to Postpone Debt Payment does not explicitly stipulate that the obligation to pay the Curator's fee is borne by the Applicant, the Debtor or the Applicant and the Debtor jointly. The obligation to pay the curator fee is imposed through the determination of the Court of Judges who decides the bankruptcy case on the Curator's Application based on the details submitted by the Curator after hearing the considerations of the Supervisory Judge. The approach method used is a normative juridical approach the curator fees. according to Act No. 37 of 2004 concerning Bankruptcy and the Obligation to Postpone Debt Payment is not absolute, because the obligation to pay the Curator's fee can be imposed on the Applicant for the Declaration of Bankruptcy, the Bankrupt Debtor, or on the Petitioner for the Declaration of Bankruptcy and the Debtor for Bankruptcy jointly through the Determination of the Panel of Judges who decides the Bankruptcy Application.
Highlights
The Law on Bankruptcy and the Obligation to Postpone Debt Payment does not explicitly stipulate that the obligation to pay the Curator's fee is borne by the Applicant, the Debtor or the Applicant and the Debtor jointly
The approach method used is a normative juridical approach the curator fees. according to Act No 37 of 2004 concerning Bankruptcy and the Obligation to Postpone Debt Payment is not absolute, because the obligation to pay the Curator's fee can be imposed on the Applicant for the Declaration of Bankruptcy, the Bankrupt Debtor, or on the Petitioner for the Declaration of Bankruptcy and the Debtor for Bankruptcy jointly through the Determination of the Panel of Judges who decides the Bankruptcy Application
The dispute of opinion regarding the debt and must be proven in a simple manner resulted in the Decision on the Declaration of Bankruptcy which was handed down by the Commercial Court at the District Court to be annulled by the Supreme Court, so that the Bankrupt Debtor refused to carry out its legal obligations in providing the Curator fee that had been determined by the Commercial Court
Summary
The main purpose of the amendment is to provide a balance between Debtors and Creditors in dealing with bankruptcy problems, to provide process certainty, both regarding time, procedures, responsibility for managing bankrupt assets and facilitating the settlement of debts and receivables quickly, fairly, openly and effectively.[12] The dispute of opinion regarding the debt and must be proven in a simple manner resulted in the Decision on the Declaration of Bankruptcy which was handed down by the Commercial Court at the District Court to be annulled by the Supreme Court, so that the Bankrupt Debtor refused to carry out its legal obligations in providing the Curator fee that had been determined by the Commercial Court.
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