Abstract
<p>This article aims to find out how is the role of judges in overseeing the supervisory curator during the liquidation of the Foundation assets which is experiencing bankruptcy, as mandated in The Act No. 28 of 2004 about The Changes of Act no. 16 of 2001 about the Foundation and Act No. 37 of 2004 about Bankruptcy and Suspension of Payments of Debt. This Legal research is doctrinal and perspective. Source of the legal materials are used in the form of primary and secondary legal materials. The technique used in collecting the legal materials is study of librarianship. The technique used is analysis and interpretation of syllogism by using deductive thinking pattern. The results of the research and study produce a conclusion that these forms of control can be exercised by Supervisory Judge in supervising liquidation process while the curator of Foundation who has experienced bankruptcy is to provide licensing, approval, awarding, and proposal to curators in conducting the management and liquidation of bankrupt assets of foundation. Additional supervision conducted by Supervisory Judge is reporting responsibility of curator against the Builder ofthe Foundation regarding to the results of process of liquidation of Foundation’sassets which suffered bankruptcy. In addition, Supervisory Judge also examine the results of liquidation which is performed by curator over the clearing of the foundation’s assetswhich is experiencing bankruptcy.</p>
Highlights
The final duty that should be done by curator in a bankruptcy process of a foundation doing a reporting on the result of settlement of the foundation’s assets to the Foundation Board of Supervisor, it is included in Article 67 (1) Act of Foundation which explains that Liquidator or curator in not later than 7 days from the date of liquidation process has finished, has to report the dissolution of the Foundation to the Founder
The role of supervisory judge in supervising curator at the time of doing settlement of foundation’s assets which is experiencing bankruptcy has already been determined generally in the Act of Bankruptcy, but remembering that in the Act of Foundation there are special duties which are done by curator, automatically the role of supervisory judge increases in supervising curator
Supervisory judge has to check the result of liquidation which is done by curator over the settlement of the foundation’s assets which is experiencing bankruptcy
Summary
In accordance with the theme above, this research focuses on how is the role of supervisory judge in supervising curator in doing the bankrupt foundation’s assets settlement, with a suppose that a settlement of bankrupt foundation’s assets which is fair and not violate act and propriety and while there is a deadlock/bottleneck?
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