Responsibilities of the Curator in Managing and Selling Bankruptcy Assets Below Market Prices (Case Study of PT. Citra Guna Perkasa)

Abstract

Bankruptcy is a process in which a debtor who has financial difficulties paying his debts is declared bankrupt by a court, in this case the Commercial Court, because the debtor cannot pay his debts, the debtor's assets can be distributed to creditors in accordance with applicable laws and regulations. This study aims to find out and analyze the responsibilities of the curator in managing and selling bankruptcy assets below market prices, as well as legal remedies for bankrupt debtors due to selling bankruptcy assets below market prices by the curator. The research was conducted at the Commercial Court at the Semarang District Court. The type of legal material research used is the sociological juridical research method, the author conducts research on a legal provision and phenomena or events that occur in the field along with case examples and decisions. The sociological juridical approach method is a research method by trying to see the suitability of normative rules, namely Act No. 37 of 2004 and also the facts on the ground. As for the responsibility of the curator in managing and selling bankruptcy assets below the market price, the curator should be personally responsible for the losses that arise. Also, the bankrupt debtor has the right to file legal remedies due to losses arising from the curator's negligence. Meanwhile, if the bankrupt debtor suffers a loss due to the negligence of the curator in carrying out the management of bankruptcy assets. Thus, the curator must be personally responsible for the losses arising from the settlement of the bankruptcy estate. Legal remedies that can be taken by a bankrupt debtor are filing a lawsuit against the law for the loss and filing other lawsuits in accordance with the guidelines and provisions of Act No. 37 of 2004 concerning bankruptcy and postponement of debt payment obligations.