INDEPENDENCE OF DEBT PAYMENT OBLIGATIONS ACCORDING TO LAW NO. 37 OF 2004 CONCERNING BANKRUPTCY

Abstrak

Abstract

The independence of deferment of debt payment obligations (PKPU) is the process of settling the assets of debtors who are unable to pay their debts to creditors under court supervision, provided that in the process there must be no connection or conflict with parties related to the postponement of debt payment obligations. The independence of PKPU in the application process and the process must have management in debtor debt settlement, in accordance with Law no. 37 of 2004, the PKPU board consists of supervisory judges, curators, and experts. In particular, the curator management has the authority to implement PKPU independence. This study aims to determine the PKPU process, the implementation of PKPU independence, especially the Curator on PKPU independence, the legal consequences of the independence of the curator in the PKPU process. In the research, the writer applies the library method, which is to collect all the data and then reduce and conclude from the data collected. The authority and independence of the curator are stated in Article 15 and Article 16 of Law no. 37 of 2004. The legal consequences arising from the independence of PKPU, especially in the task of curator, are legal protection, namely in Article 50 of the Criminal Code (KUHP) and underlies the duties and powers of Article 69 of Law no. 37 of 2004. With the existence of independence, all activities of Postponing Payment Obligations according to Law no. 37 of 2004 brings good things, the existence of accountability, especially in the task of the curator, the existence of accountability and the absence of activities that burden debtors in paying their debts to creditors.