PERANAN KURATOR DALAM MENJAMIN KEPASTIAN HUKUM KREDITUR PADA KEPAILITAN PERSEROAN TERBATAS

Abstract

The bankruptcy of a Limited Liability Company constitutes a legal mechanism for resolving debtor–creditor relationships in a fair and orderly manner. In bankruptcy proceedings, the curator plays a central role as the authorized party responsible for managing and liquidating the bankruptcy estate from the moment the bankruptcy decision is rendered. This article aims to analyze the role of the curator in ensuring legal certainty for creditors in the bankruptcy of a Limited Liability Company, particularly through the administration of the bankruptcy estate and the verification and classification of claims. The research method employed is normative legal research using statutory and conceptual approaches, supported by a literature review. The findings indicate that the curator plays a crucial role in realizing both procedural and substantive legal certainty for creditors. Procedural certainty is reflected in the implementation of bankruptcy stages in accordance with Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations, while substantive certainty is achieved through the claims verification process, which determines the validity and legal standing of creditors. Therefore, the professionalism, independence, and supervision of the curator’s performance are decisive factors in ensuring legal protection and certainty for creditors in the bankruptcy of a Limited Liability Company