ANALISIS YURIDIS TERHADAP PENETAPAN HONORARIUM KURATOR DALAM PROSES KEPAILITAN DI INDONESIA

Abstract

In the Indonesian bankruptcy law system, the curator plays a central role in inventorying, managing, and administering bankruptcy assets for the benefit of creditors, so his existence is very important and must be properly rewarded in the form of a curator's honorarium. The determination of this honorarium is regulated in detail in Law Number 37 Year 2004 on Bankruptcy and Suspension of Debt Payment Obligations, specifically in Article 60 and Article 63, which states that the honorarium must be determined by the court based on the proposal of the curator and the approval of creditors, so it cannot be done unilaterally. The amount of honorarium must be proportional to the workload, risk, and complexity of managing bankruptcy assets, as well as based on the value of bankruptcy assets managed. Supreme Court Regulation No. 1/2018 provides technical guidance on the mechanism of submission and determination of honorarium by the court, emphasizing the importance of transparency, accountability, and supervision to prevent abuse of authority by the curator. Overall, the regulation and practice of determining receivers' fees in Indonesia reflects the legal system's efforts to provide legal certainty and justice for all parties involved in the insolvency process, ensuring that fees are awarded fairly, transparently, and proportionally in accordance with the duties and responsibilities of the receivers.

Keywords: bankruptcy law system, the curator, curator's honorarium