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Article 1 Point 5 Act No. 37 year 2004 concerning of The Bankruptcy and The Suspension of Obligation for Payment of Debts (Bankruptcy Act) defines the Curator is the Orphan’s Chamber or an individual appointed by the court to manage and liquidate the assets of Bankrupt Debtor under the supervision of Supervisory Judge.

In the judgement of the bankruptcy, a Curator and Supervisory Judge must be appointed by the court judges (Article 15 paragraph 1 of the Bankruptcy Act). Since the appointment, the curator is solely responsible for securing the bankruptcy estate and carrying out all administrative matters relating to the bankruptcy estate, such as storing all letters, documents, money, securities, and other securities by providing receipts. The curator may also request the sealing of a property of bankruptcy to the court for reasons of securing the bankruptcy estate by the judges' approval.

Article 69 of the Bankruptcy Act states that duty of the Curator shall be to manage and/or settlement the bankruptcy estate. The curator shall be shall be responsible for any faults or negligence in performing its management and/or settlement duties which cause loss to the bankruptcy estate. The curator may perform its duties without prior approval or notification to the debtor.


Suria Nataadmadja & Associates Law Firm

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