Responsibilities of The Curator as The Party Selling Bankruptcy Assets On Behalf Of The Bankruptcy Debtor Based On Bankruptcy Law

Abstract

Abstract. Bankruptcy has legal consequences or broad implications in the field of property law, whereby all of the debtor's assets will be managed by the trustee to pay off their debts. With bankruptcy, as stated in Article 69 of the UUK-PKPU, the trustee has several powers, such as the power to sell the bankrupt debtor's assets listed in the bankruptcy estate. The purpose of this research is to analyze the responsibilities of the trustee in the public sale of bankruptcy assets through the State Property and Auction Service Office and the role of the trustee in the direct public sale of collateral in the presence of the Land Deed Official based on the principle of fairness. This research uses normative legal research. The type and source of data used are derived from secondary data using primary, secondary, and tertiary legal materials. The data collection method in this research is literature review, and the data analysis method is qualitative. Based on the results of the research, the Curator is responsible for the sale of bankruptcy assets in the public through the KPKNL. this is a legal requirement as specified in Article 185(1) of the Bankruptcy Law, and further clarified in Ministry of Finance Regulation No. 122 of 2023 regarding Guidelines for Auction Procedures under Article 27(1). The curator has the authority to sell bankrupt assets through private transactions as regulated in Article 185(2) of the Bankruptcy Law, considering the efficiency of case resolution to prevent a decrease in the value of the bankrupt assets. To ensure legal certainty regarding the transfer of rights to bankruptcy assets, the sale of bankruptcy assets by the trustee to the buyer must be conducted in the presence of an authorized official, in this case a Public Notary who has the authority to issue an authentic deed. Keywords: Bankruptcy; Bankruptcy Assets; Trustees.