The Immediate Bankruptcy Decision: The Role of Curators and Supervisory Judges in Ensuring Justice and Legal Certainty
Year: 2025
Type: article
Abstract: This research examines the urgency of implementing an immediate bankruptcy decision in Indonesian bankruptcy law. The main issues raised were how bankruptcy judgments can be implemented even though they do not have permanent legal force, as well as how curators and supervisory judges ensure justice for creditors and debtors. The purpose of this study is to analyze the legal basis of instant judgments in bankruptcy, distinguish their application from ordinary civil procedure law, and examine how the principles of justice and legal certainty can be fulfilled in this process. The research method used is a normative juridical approach, with an analysis of primary and secondary legal materials, including Bankruptcy Law No. 37/2004, court decisions, and legal literature. The results of the study show that the bankruptcy verdict is immediate and provides a guarantee of rights protection for creditors by allowing the curator to manage the debtor's assets directly. This is supported by the role of the supervisory judge, who ensures that the curator's duties are carried out fairly. Although a bankruptcy judgment can be overturned at the cassation or review level, the actions taken by the curator remain valid and binding. The recommendations of this study are the importance of strict monitoring in the settlement process to ensure fairness for all parties, as well as the need to strengthen regulations to optimize the supervisory function by supervisory judges to maintain a balance between the rights of creditors and debtors.
Authors: Anita Kadir, Ahmad Sabirin
Institution: Universitas Islam Internasional Indonesia
Language: English
Subfield: Accounting
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4414773760
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