Evaluation Study of the Chancery Court (Balai Harta Peninggalan) as a Bankruptcy Curator

Article 15 of Law Number 34 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt (UUK PKPU) states that in a bankruptcy declaration decision, a Curator and a Supervisory Judge must be appointed from the Commercial Court judges. The curator has the authority to manage and receive bankruptcy assets. The curators referred to under Article 70 paragraph (1) of the PKPU UUK are the Trustees' Office (BHP) and the Individual Curator (Curator). The results of previous research conducted by Pandu Yudha Pratama (2016) and Sheva Trisanda Adistia and Tata Wijayanta (2023) show that BHP is not widely appointed as administrator and receiver of bankruptcy assets in bankruptcy decisions handed down by commercial courts. This paper seeks to identify and evaluate the duties and powers of BHP as bankruptcy curator. This research is normative legal research, and the type of research is library research. The type of data used is secondary data obtained from literature studies. Methods and tools for collecting research data, namely document studies for secondary data. The data obtained will be analyzed using qualitative methods and presented descriptively. The results of the study show that the appointment of BHP as bankruptcy curator is much less than that of Curator. Optimization that can be done by BHP is to improve the quality of Human Resources and resolve the obstacles experienced in carrying out their duties as bankruptcy curator


Article 15 of Law Number 34 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt (UUK PKPU) states that in a bankruptcy declaration decision, a
Curator and a Supervisory Judge must be appointed from the Commercial Court judges.The curator has the authority to manage and receive bankruptcy assets.The curators referred to under Article 70 paragraph (1) of the PKPU UUK are the Trustees' Office (BHP) and the Individual Curator (Curator).The results of previous research conducted by Pandu Yudha Pratama (2016) and Sheva Trisanda Adistia and Tata Wijayanta (2023) show that BHP is not widely appointed as administrator and receiver of bankruptcy assets in bankruptcy decisions handed down by commercial courts.This paper seeks to identify and evaluate the duties and powers of BHP as bankruptcy curator.This research is normative legal research, and the type of research is library research.The type of data used is secondary data obtained from literature studies.Methods and tools for collecting research data, namely document studies for secondary data.The data obtained will be analyzed using qualitative methods and presented descriptively.The results of the study show that the appointment of BHP as bankruptcy curator is much less than that of Curator.Optimization that can be done by BHP is to improve the quality of Human Resources and resolve the obstacles experienced in carrying out their duties as bankruptcy curator.

A. Introduction
Indonesia is a maritime country that is famous for its trade.This maritime country is supported by its geographical location and its archipelagic state. 1  Indonesia is located between two oceans and two continents, which provide a positive impact for its trade. 2   Being an archipelagic state is one of the factors that develops Indonesia's trade, as its numerous ports ease trade traffic flow.

Indonesian BHP in Doing
Their Job as a Bankruptcy Curator to par with third party curator and the existence of the BHP in society is still very low, even in a group of commercial judges and law related groups.This ample amount of difference must be settled or taken care of by the BHP as an institution that is given the trust as a curator of bankruptcy by the constitution above a private curator.Even though there is an increase in appointment for BHP to be the curator of bankruptcy, the increase is not significant enough.Hence, BHP as the primary

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Number 2, December 2023 Page 300-324  substantial, because the human resource is the executor of curating bankruptcy.This task is related to services, so the services offered must have competencies that can satisfy those who place their trust in BHP.The human resource at BHP is an issue that needs to be resolved quickly, and the employees at BHP must be able to improve and adjust with the separation of duties in the fields of inheritance they can be more focused in doing their task from the perspective of improving Tata Wijayanta et al, Evaluation Study of the Chancery Court (Balai Harta Peninggalan) as a Bankruptcy Curator  their service and following the development of the task given.Especially, their task as a curator for bankruptcy, a task that is growing vastly in the field of bankruptcy law and in the economic field that is intertwined with the efforts made by the related parties.The manifestation made by Permenkumham No.41 of 2021 is just a change in name which was originally "Probate Court" into "Probate Court and National Curator".application is still nomenclature by a change that results in a change of name from "Probate Court" into "Probate Court and National Curator".This separation is hoped to also be followed by a separation of the executors of the sub division of inheritance and state curator.

and Discussion 1. The existence of BHP in Indonesia as the bankruptcy curator after Law Number 37 of 2004 was in effect
Tata Wijayanta et al, Evaluation Study of the Chancery Court (Balai HartaPeninggalan) as a Bankruptcy Curator BHP Makassar and Curator was quantitatively equal.In 2022, BHPMakassar's appointment into curators was higher by one case, or 33.3% higher than Curator.The