PERAN HAKIM PENGAWAS PADA KASUS KEPAILITAN BATAVIA AIR MENURUT UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN

Abstract

Abstract

According to the explanation of Article 2 Paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, it is stated that there are three types of creditors, namely concurrent creditors, separatist creditors, and preferred creditors. This study aims to explain the role of the Supervisory Judge in the bankruptcy case of Batavia Air. The method used in this research is normative legal research. Bankruptcy is a general confiscation of all assets of a bankrupt debtor whose management and settlement is carried out by the Curator under the supervision of the Supervisory Judge. The duties and authorities of the Supervisory Judge in supervising the management and settlement of bankrupt assets are granting permits to the Curator, stipulating, approving, giving proposals, and giving orders to the Curator in managing and settling the assets of the bankrupt debtor. In the case of the bankruptcy of Batavia Air, the travel agent business actors are categorized as consumable creditors and are placed last. Whereas in Article 2 Paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations there is no concurant creditor.