CD Skripsi

Tanggung Jawab Kurator Dalam Penjualan Aset Pailit Tanpa Penilaian Ulang

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ABSTRACT
This research examines the curator’s responsibility in selling bankruptcy assets without a reappraisal. In bankruptcy practice, curators are authorized to manage and liquidate the estate, yet procedural negligence in asset sales still occurs and harms creditors. Within the framework of Law No. 37 of 2004, public auction is the primary disposal mechanism, while private sale is permitted only on an exceptional basis with the supervising judge’s authorization. A normative gap persists because no explicit duty of reappraisal is stipulated, even though current valuation is crucial when shifting from auction to private sale. Focusing on the James Lim case in Supreme Court Decision No. 175 K/Pdt.Sus-Pailit/2019, this study shows that a private sale without an updated appraisal caused creditor losses and led to annulment.
This research adopts a normative legal method using secondary data organized into primary, secondary, and tertiary legal materials, statutory harmonization, the conceptual frameworks of Value Maximization and Fiduciary Responsibility, and a case analysis of the James Lim judgment.
The findings are as follows. First, the proper procedure for selling bankruptcy estate assets under Article 185 of the Bankruptcy Law requires strict adherence to a procedural hierarchy that begins with public auction as the main mechanism and allows private sale only under specific conditions with the supervising judge’s approval, together with a mandatory reappraisal when resorting to private sale. The James Lim case evidences a fundamental breach because the curator failed to reappraise prior to the private sale despite the supervising judge’s order. Second, the curator’s legal responsibility for selling assets without reappraisal constitutes professional accountability grounded in fiduciary theory, encompassing the duties of care and loyalty; Article 72 imposes liability for error or negligence that causes loss to the estate. Effective oversight also requires obedience to the supervising judge’s directives, reflected in the judge’s supervisory authority under Article 65 and the approval requirement for private sales in Article 185(2). To ensure procedural compliance and accountability, greater synergy among curators, supervising judges, and professional organizations is essential.
Keywords: Curator, Legal responsibility, Bankruptcy asset sales, Reappraisal

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2109134831

Penerbit

Pekanbaru : Universitas Riau – F.HUKUM – HUKUM PERDATA BISNIS., 2025

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2109134831

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA BISNIS

Info Detail Spesifik

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Pernyataan Tanggungjawab

daus

Versi lain/terkait

Lampiran Berkas

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