Principles of Statutory Duty and Fiduciary Duty in The Responsibility of The Bankruptcy Curator
Abstract The curator is a subject of Bankruptcy Law who has complete authority and responsibility for managing and resolving the bankruptcy estate. Curators are required to have integrity and are prohibited from having conflicts of interest with their duties and authorities. The issue raised in this...
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| Format: | Article |
| Language: | English |
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Universitas Airlangga
2023-06-01
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| Series: | Media Iuris |
| Subjects: | |
| Online Access: | https://e-journal.unair.ac.id/MI/article/view/37738 |
| _version_ | 1797771323912486912 |
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| author | Raden Besse Kartoningrat Edi Krisharyanto |
| author_facet | Raden Besse Kartoningrat Edi Krisharyanto |
| author_sort | Raden Besse Kartoningrat |
| collection | DOAJ |
| description | Abstract
The curator is a subject of Bankruptcy Law who has complete authority and responsibility for managing and resolving the bankruptcy estate. Curators are required to have integrity and are prohibited from having conflicts of interest with their duties and authorities. The issue raised in this study is the application of the principles of statutory duty and fiduciary duty in the responsibility of the bankruptcy curator. This study aims to identify, understand, and analyze bankruptcy law regarding the curator’s responsibility based on the principles of statutory duty and fiduciary duty. This study employed a normative method by examining the consideration materials to conclude. The results of the analysis in this study indicate that in carrying out the duties of managing and settling, the curator must comply with the principles of statutory duty and fiduciary duty as regulated in Law Number 37 of 2004 on Bankruptcy and Postponement of Debt Payment Obligations and the code of ethics of the curator profession. The curator’s actions that can harm the parties, whether creditors or bankrupt debtors, can be personally accounted for outside the bankruptcy estate by imposing civil, criminal, or administrative sanctions.
Keywords: Halal Tourist; Additional Service; Local Economy. |
| first_indexed | 2024-03-12T21:35:51Z |
| format | Article |
| id | doaj.art-cd707608355944838edd6fbe6aa534ce |
| institution | Directory Open Access Journal |
| issn | 2721-8384 2621-5225 |
| language | English |
| last_indexed | 2024-03-12T21:35:51Z |
| publishDate | 2023-06-01 |
| publisher | Universitas Airlangga |
| record_format | Article |
| series | Media Iuris |
| spelling | doaj.art-cd707608355944838edd6fbe6aa534ce2023-07-27T09:18:16ZengUniversitas AirlanggaMedia Iuris2721-83842621-52252023-06-016220523010.20473/mi.v6i2.3773835807Principles of Statutory Duty and Fiduciary Duty in The Responsibility of The Bankruptcy CuratorRaden Besse Kartoningrat0Edi Krisharyanto1Universitas Wijaya Kusuma SurabayaUniversitas Wijaya Kusuma SurabayaAbstract The curator is a subject of Bankruptcy Law who has complete authority and responsibility for managing and resolving the bankruptcy estate. Curators are required to have integrity and are prohibited from having conflicts of interest with their duties and authorities. The issue raised in this study is the application of the principles of statutory duty and fiduciary duty in the responsibility of the bankruptcy curator. This study aims to identify, understand, and analyze bankruptcy law regarding the curator’s responsibility based on the principles of statutory duty and fiduciary duty. This study employed a normative method by examining the consideration materials to conclude. The results of the analysis in this study indicate that in carrying out the duties of managing and settling, the curator must comply with the principles of statutory duty and fiduciary duty as regulated in Law Number 37 of 2004 on Bankruptcy and Postponement of Debt Payment Obligations and the code of ethics of the curator profession. The curator’s actions that can harm the parties, whether creditors or bankrupt debtors, can be personally accounted for outside the bankruptcy estate by imposing civil, criminal, or administrative sanctions. Keywords: Halal Tourist; Additional Service; Local Economy.https://e-journal.unair.ac.id/MI/article/view/37738halal touristadditional servicelocal economy |
| spellingShingle | Raden Besse Kartoningrat Edi Krisharyanto Principles of Statutory Duty and Fiduciary Duty in The Responsibility of The Bankruptcy Curator Media Iuris halal tourist additional service local economy |
| title | Principles of Statutory Duty and Fiduciary Duty in The Responsibility of The Bankruptcy Curator |
| title_full | Principles of Statutory Duty and Fiduciary Duty in The Responsibility of The Bankruptcy Curator |
| title_fullStr | Principles of Statutory Duty and Fiduciary Duty in The Responsibility of The Bankruptcy Curator |
| title_full_unstemmed | Principles of Statutory Duty and Fiduciary Duty in The Responsibility of The Bankruptcy Curator |
| title_short | Principles of Statutory Duty and Fiduciary Duty in The Responsibility of The Bankruptcy Curator |
| title_sort | principles of statutory duty and fiduciary duty in the responsibility of the bankruptcy curator |
| topic | halal tourist additional service local economy |
| url | https://e-journal.unair.ac.id/MI/article/view/37738 |
| work_keys_str_mv | AT radenbessekartoningrat principlesofstatutorydutyandfiduciarydutyintheresponsibilityofthebankruptcycurator AT edikrisharyanto principlesofstatutorydutyandfiduciarydutyintheresponsibilityofthebankruptcycurator |