Peranan Hakim Pengawas dalam Pemberesan Harta Pailit

Abstract

The term can be found in the treasury bankrupt Dutch, French, Latin and English. In French, the term means failite strike or in traffic jams in doing pembayaraan. People who strike or freezes or stops paying its debts referred to as le faili. In Dutch the term used failit that has a double meaning as an adjective. While in English the term used to fail, and in the Latin term used failire. Bankruptcy is a situation where a debtor is unable to make payments on the debts from its creditors. The state can not afford the usual difficulties caused by the financial condition (financial distress) of business debtors who have suffered a setback. While bankruptcy is a court decision that resulted in a general confiscation of all property the debtor bankrupt, either existing or to be there in the future. The main purpose of bankruptcy is to divide the wealth among the creditors of the debtor by the Curator. Bankruptcy is intended to avoid foreclosure separate or separate execution by creditors and replace it with encumbrances held together so that wealth can be distributed to all the debtor's creditors in accordance with their respective rights. In a bankruptcy case that has ever happened, the Curator is not completely free in making management and settlement of the bankruptcy estate. Curator always be under the supervision of the Supervisory Judge. Supervisory Judge task is to oversee the management and settlement of the bankruptcy estate who became Curator task (which is done by the Receiver). Supervisory Judge to assess the extent to which the implementation of task management and settlement of the bankruptcy estate held by the Curator accountable to the debtor and creditor. In this condition takes the role of the Supervisory Judge Curator therefore submit a report to the Supervisory Judge of the state of the bankruptcy estate and the execution of their duties every three months. The importance of the task of the Supervisory Judge in the settlement of the bankruptcy estate, the study discusses the role of the implementation of the Implementation Supervisory Judge bankruptcy decision, correspondence between the provisions of the Act with the implementation of the duties and authority of the Supervisory Judge, the position of judge of the Panel of Judges pemgawas examiner, the breaker case and how the shape of the Supervisory Judge liability after completing the task and authority as a Judge of Trustees. The research method used in this research is normative legal research methods. Normative legal research, is research on library materials or secondary data, consisting of primary legal materials, legal materials secondary and tertiary legal materials. Data collection techniques used in this study is library research (library research), namely through the search of documents and scientific books to get the theoretical foundation of positive legal materials according to the objects to be studied. Data collection tools used in this study is a document or library materials that consist of primary legal materials. Data analysis technique used is the qualitative analysis techniques, where after all the data collected, it is done processing, analyzing, and the construction of the data thoroughly, systematically to explain the relationship between various types of data. Furthermore, all data is selected and processed, then analyzed descriptively. so in addition to illustrate and disclose, is expected to provide solutions for problems in this study. In principle, the Supervisory Judge is representative of the court that oversees the management and settlement of the bankruptcy estate by the Curator. Appointment of the Supervisory Judge in conjunction with the bankruptcy declaration saying. In principle, the scope of the task of the Supervisory Judge is not limited just to give approval or permission to the Curator, but also authorized to give instructions to the Curator to do or not do something in connection with the bankruptcy estate, as well as the Supervisory Judge shall be heard by the Commercial Court before taking a decision regarding the handling or settlement of the bankruptcy estate. Furthermore, after the appointment, Judge Supervisory authorities received a copy of the decision of the bankruptcy petition (PPP), which contains a complete legal reasoning underlying the decision of the judges within a period of at least 3 (three) days after the date of adjudication. Supervisory Judge fundamental duty is to oversee the management and settlement of the bankruptcy estate.