Reformulation of the Regulation of the Authority of Curators in Bankruptcy and the Postponement of Debt Payment Obligations Based on Justice

Abstract

The authority of curators in bankruptcy and the Suspension of Debt Payment Obligations (PKPU) is regulated under Law Number 37 of 2004; however, in practice, it still creates legal uncertainty and an imbalance of protection between creditors and debtors. This study aims to analyze the weaknesses in the regulation of curatorial authority and to formulate a reform based on justice principles that can enhance transparency, accountability, and efficiency in debt resolution. This research employs a normative juridical approach by examining existing regulations, bankruptcy law doctrines, and relevant scholarly literature. The principles of procedural, distributive, and corrective justice serve as the basis for analyzing the effectiveness of curatorial authority and the conformity of practice in the field with legal provisions. The analysis also discusses regulatory weaknesses regarding the limits of curatorial authority, the supervision by oversight judges, and the management of modern assets. The study finds that current regulations grant broad authority to curators, yet they lack clear operational boundaries and effective substantive supervision. Justice-based reformulation is necessary by clarifying the parameters of authority, strengthening the role of oversight judges, standardizing national SOPs, and establishing proportional protection mechanisms for both creditors and debtors. The implementation of these reforms is expected to create a transparent, efficient, and fair bankruptcy and PKPU system.