Perbuatan Hukum Kurator dalam Melakukan Penjualan Tanah dan Bangunan yang Terikat Ppjb dan Menjadi Objek Pailit (Studi Mahkamah Pailit/2019) Agung No 436/Pdt.Sus

Abstract

A curator pays an important role in the process of bankruptcy. He is a trustee appointed by the judge to manage creditor's interest when the debtor goes bankrupt and is not able to pay off his credit. He usually gets legal problemsin managing the bankruptcy objects when the buyer (bankruptcy creditor) will file a complaint against him as having committed illegal offense because he hassold the debtor's object which is attached to PPJB. The research problems, based on the Supreme Court Ruling No. 436 KIPdt.Sus-Pailit12019, are as follows: how about the position of PPJB on the land and building when bankruptcy occurs, and how about the curator's validity in selling a bankruptcyobject, land and building, which has been attached to PPJ in the Case No. 436 K/Pdt-Sus-PailitI2019. The research used juridical normative method with descriptive design. The data were obtained from primary, secondary, and tertiary legal materials. They were process qualitatively and concluded deductively. The result of this research is that the Conditional Sale and Purchase Agreement (PPJB) is associated with insolvency, which poses a weak position for the buyer because, according to Article 36 paragraph (1) of the Bankruptcy Law (UU K-PKPU), when a bankruptcy decision is pronounced, the reciprocal agreement that has not been fully implemented or only partially implemented by the parties shifts control to the Curator for further action, and the transfer of rights to the land bound by the PPJB at the time of the bankruptcy declaration is deemed null and void because the object of the PPJB will be included in the bankruptcy estate as stipulated in Article 69 of the UU K-PKPU. The Curator's actions in selling the bankrupt estate, such as land and buildings that have been bound by the PPJB, are considered valid as regulated in Article 69 of the UU K-PKPU. The application of the law by the Panel of Judges in Supreme Court Decision No. 436 K/Pdt.Sus-Pailit/2019 is deemed appropriate, considering the juridical aspects, which rely on the applicable law to assess the curator's role in the settlement of the bankruptcy estate. Therefore, there is no obligation for the Curator to continue the agreement between the Buyer and the Seller (in bankruptcy).