ANALISIS SANKSI PIDANA TERHADAP KURATOR BERDASARKAN PRINSIP INDEPENDENSI MENURUT HUKUM KEPAILITAN

Abstract

The complexity of the settlement of bankruptcy assets is increasing with the
inclusion of a criminal sanction article in the Bankruptcy Law which states that if
it is proven that the curator is not independent, it can be subject to legal sanctions
both criminal and civil according to the legislation. The threat to impose criminal
sanctions related to the non-independence of the curator eventually became a new
problem, especially related to criminal responsibility, namely in terms of
determining the benchmark the curator was said to be not independent so that he
could be subject to criminal sanctions as mandated by UUKPKPU. This study aims
to analyze the ratio of criminal sanctions to curators who are not independent in the
Bankruptcy Law and to analyze the criminal liability of curators in bankruptcy
based on the principle of independence.
This research uses normative juridical research, the nature of the research is
descriptive. The data source used is secondary data. Data collection techniques by
conducting library research and document studies on criminal sanctions against
curators based on the principle of independence according to bankruptcy law.
The results of the study indicate that criminal sanctions against curators who are
not independent in carrying out their duties in managing a bankrupt company
require clear moral standards regarding the principles of independence related to
the curator profession. This can be done by formulating and elaborating it in the
curator's code of conduct and UUKPKPU. The existence of a clear formulation of
the independence of the curator, on the one hand can be used as a guide for the
curator in carrying out his professional duties. While on the other hand it is also
useful for law enforcement officers, especially judges, the existence of a clear
formulation of the values of the independence of the curator can be taken into
consideration in determining the criminal responsibility of the curator, namely
whether the actions carried out fulfill the elements of a criminal act. The criminal
responsibility of a curator who is not independent refers to the fulfillment of 3
(three) pillars in criminal law, namely there is a criminal act, an error that results in
criminal liability and is related to crime or punishment based on the principle of
independence, namely the curator in a difficult situation can take firm action for the
sake of the bankruptcy estate.
Keywords:
Legis Ratio, Curator's Criminal Liability, Independence Principle, Bankruptcy