Curator and Supervisory Judge: Understanding, Paper, and Difference

If a company or individual is declared bankrupt, the term curator and managed judge is often seen. However, what is their role? What is the difference between the two, and why is it so important in the bankruptcy process? This article is fully examining what curators are, their duties, and authority, as well as their relationship to the supervisory judge. The understanding of their respective roles will give a clear picture of how to process the losses of equal and clear.

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What are the curators and supervisory judges?

The curator is the hallway of the inheritance or individuals taught in court to take care of and cleaning the barns under the supervision. The definition is based on Article 1 Number 5 of the Law Number 37 in 2004 about losses and delays of debt repayment obligations (“Law of No. 37 in 2004”).

Simply saying, the curator is the court appointed to manage and clean the wealth of borrower declared bankrupt. The curator can come from individuals or legal entities with skills in law, accounting, or management.

Meanwhile, the supervisory judge is a judge taught by the court’s decision or a decision to postpone the loan repayment obligations (“PKPU”). This meaning is based on Article 1 Number 8 of Law No. 37 in 2004.

In this case, the court asking a commercial court. Supervisory judge acted as the guarantee that all methods and actions conducted by the curator follow the law. Their paper is more than managed and not as technical executives.

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Duties and Curator Authorities

The main curator’s task is to clean all the assets and obligations of obstructions. However, it is important to know that in terms of bankruptcy and PKPU processes, the curator’s task is divided into 3 (three) types, which are:

1. Temporary Curator

A temporary curator is assigned to handle and protect the borrower’s assets, with no adverse actions during the legal process, based on major tasks in temporary curator:

• Business management business; and
• Payment of creditors, transfer or trading of borrower’s wealth is in the bankruptcy is the authority of the curator.

2. management

Management was appointed for the PKPU issue, according to Article 225 paragraphs (2) and (3) in law No. 37 in 2004.

The management task is only limited to carrying out the administrative process. Their tasks include announcing the PKPU, invite creditors, and handle borrower’s business activities. The goal is to ensure that the borrower does not make actions that harm their wealth. This is based on Article 15 paragraphs (4), Article 82, Article 98, Article 98, Article 9830, Article 13) In 2004.

Management is responsible for his mistakes or neglects to fulfill the tasks of management that causes the loss of borrower’s possessions, based on article 234 paragraphs (4) in 2004.

3. Planner

A curator was appointed after the borrower stated bankrupt, based on Article 15 paragraphs (1) of the law number. All power to handle bankruptcy properties will be submitted to the curator, according to Article 24 paragraphs (1) of law No. 37 in 2004.

Based on various functions of the curator to handle and care for possessions, it can be concluded that the main task is as follows.

1. Do administrative tasks

The Curator administration assignment includes the announcement of the bankruptcy process, inviting management reports, and articles on 14, article at 14, articles on 14, articles in 14, articles on 14, articles in 14, articles in 14, articles in 14, articles in 14, articles on 14, articles in 14, articles on 14, articles on 14, articles on 14, articles in 14, articles in 14, articles in 14, articles on 14, articles in 14, articles in 14, articles in 14, articles in 14, articles in 14, articles in 14, articles in 14, articles in 14, articles in 14, articles. Safe, based on Article 99 paragraph (1) of law No. 37 in 2004

2. Take care of bankruptcy properties

Because this bankruptcy has decided, the curator has taken all the authority to the borrower to take care of the property. This includes the right to obtain information about bookkeeping, records, and bank accounts and debt debts, according to Article 24 and Article 69 in 2004.

3. Make Sales until the exemption

The primary curator work is to take care of and cleaning the possessions of bankruptcy after being informed of the loss of bankruptcy or involvement in the article.

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Supervisory Judge Duties and Authorities

Unlike the curator who served as an executor, superbisory judge has the authority to ensure that the process of losses is smooth and fair. Their duties and authorities include:

1. Provide opinions related to bankruptcy problems occurring. The opinion of the supervisory’s judgment should be heard before the court related to management or issuance of bankruptcy, according to Article 66 of the Law No. 37 in 2004.
2. Because bankruptcy ends, all determination to impose borrower’s assets should be stopped immediately. As a result, all confiscations made incorrect and supervisory judge can order their crossings, including the shaped land or ships registered, based on Article 31 37) and (2).
3. Supervisory judge has the authority to listen to the witnesses or order an examination of experts to obtain clarity about all things about bankruptcy, according to Article 67 in 2004.
4. At the credit loan, Supervisory judge acts as chairman, according to Article 85 paragraphs (1) of law No. 37) of the year, date, time and place for the first mortgage meeting. This meeting should be held later than 30 days after declaration of the losses decision, based on Article 86 paragraphs (1) of law No. 37).
5. Not more than 14 days after the decline decision, the management judge should set a schedule for the process of pairing acceptance (Article 113) in law No. 37 in 2004), including:

• Deadline for bill submission
• Deadline for Verification of Tax Value to be Payed
• Schedule (days, date, time, and place) for creditor meetings that match those received

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The difference between the curator and the Judge of the Supervisor

The following is the differences in the curator and the Judge of Supervisory:

In short, the curator was the right hand of the court working in the field to take care of the borrower’s possessions, while the supertor’s verdict was the eye of the court that would not deviate from the legal corridor.

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Examples of Curator and Supervisory Judge Cases in Bankruptcy

A simple example is, if a company x is declared bankrupt. The court appointed a curator and a supervisor’s judgment.

1. The paper in the curator: The curator quickly removes the control of the company X. He records all assets, from office buildings, bank vehicles, bank balances. The curator also proves all bills from banks, suppliers, and employees. After collected data, the curator will sell the assets by the auction to earn money.
2. The Role of Judge in the Supervisory: During the process, the curator should report to the supervisory judge. For example, if the curator plans to sell a building office whose amount is very large, he must ask for approval from supervisory judge. If there are creditors feel that their bills are not recognized by the curator, they can submit opposition to the supervisory judge. Supervisory judge will review and provide a fair decision.

In the end, societal cooperation between curator and supervisory judges are important to ensure that the process of losses is effective, efficient, and most important, fair to all parties involved.

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(This article is edited by Perqara Editorial Team)

Legal basis

1. Call number 37 in 2004 about losses and delays of debt repayment obligations.