The Curator, also known as the Estate Bureau of an individual, is appointed by the Court to manage and settle the assets of a Bankrupt Debtor under the supervision of a Supervisory Judge in accordance with the Bankruptcy Law. The Curator plays a role in the bankruptcy process, with the general task of managing and/or liquidating bankrupt assets. The Curator is supervised by a supervisory judge while performing his duties.
In a negotiation or debt settlement process, the Curator acts as the representative of the debtor, while the Creditor Committee acts as the representative of the creditors. The Creditor Committee’s task is to advocate and fight for all legal interests held by the creditors.
Because the Curator plays a crucial role in managing the bankrupt assets of the debtor from start to finish, the Curator must not commit negligence, whether intentional or unintentional. Therefore, if the Curator fails to perform his duties, he may be subject to Article 72 of the Republic of Indonesia Law No. 37 of 2004, which states:
“The Curator is responsible for errors or negligence in carrying out management and/or liquidation tasks that cause losses to the bankrupt estate.”
According to Jerry Hoff, as cited by Imran Nating, there are two types of curator accountability:
- Curator’s responsibility in a professional capacity as a curator. This responsibility is attached to the bankrupt estate, so the curator is not personally required to pay for the losses. The losses incurred become the burden of the bankrupt estate. If there are parties claiming debts against the bankruptcy estate, then their claims become debts of the bankruptcy estate.
- Personal responsibility of the curator. This responsibility arises from the actions of the curator, making the curator directly responsible for the losses. The curator must pay for the losses incurred. Regardless of the type of negligence, the curator is responsible, and it does not become a burden on the bankrupt estate.
For example, if the Curator fails to take reasonable actions to ensure the creditors’ interests are properly safeguarded, resulting in losses to the bankrupt estate of the Bankrupt Debtor, then the Curator will be held accountable for the consequences. This responsibility includes compensating for the losses suffered by the parties affected by the Curator’s mistakes.
Legal actions taken by the Curator in liquidating assets are not always acceptable to the Bankrupt Debtor or Creditors. Based on Article 77 of Law No. 37 of 2004, which essentially states that the Bankrupt Debtor, creditors, or creditor committees may object to the supervisory judge regarding the list of distribution of bankrupt assets or any legal actions by the Curator. If the Curator commits an unlawful act, Article 136 of the Civil Code may apply, which essentially states that anyone who commits an unlawful act must provide compensation for the losses incurred.
Therefore, it is important for the Curator to perform his duties with utmost care and ensure that all actions taken are in accordance with the law and the interests involved.