Bankruptcy Cancelation In Indonesia: A Labirin For Curator Fee Execution

The Asian Conference on Business and Public Policy 2014 Official Conference Proceedings

Kamis, 21 Mei 2020 09:38 | Sudah dibaca 525 kali

This article investigates the application of Article 17 paragraph ( 2 ) of Law No. 37 of 2004 on Bankruptcy and Suspension of Payment (“Bankruptcy Act“) in Indonesia. Article 17 paragraph (2) Bankruptcy Act states that the Supreme Court have to set curator fee in case of bankruptcy cancellation petition granted. This research indicate that The Supreme Court Verdict which does not specify the amount of curator fee as mandated by Article 17 paragraph (2) Bankruptcy Act. The research also found that curator applying curator fee determination to the Commercial Court if The Supreme Court Verdict which does not specify the amount of curator fee. Curator fee determined by the commercial court is contrary to Article 17 paragraph (2) Bankruptcy Act which states the absolute competence of the Supreme Court to set curator fee in case of bankruptcy cancelation. This research provides solutions to protection curator fee is not specified Supreme Court without violating Article 17 paragraph (2) Bankruptcy Act.

Kata Kunci: bankruptcy cancelation, commercial court, curator fee, Indonesia, supreme court