ANALISIS YURIDIS TERHADAP KEWAJIBAN PEMBAYARAN IMBALAN BAGI KURATOR (STUDI KASUS PUTUSAN PENETAPAN NOMOR 48/PAILIT/2012/PN.NIAGA. JKT.PST JO NOMOR 704 K/ PDT.SUS/2012
ABSTRACT: Indonesia's economy
was shocked by the news of PT. Cellular telecommunications (PT Telkomsel) were
declared bankrupt by the Commercial Court on 14 September 2012. Telkomsel cut
off bankruptcy by the Central Jakarta Commercial Court Decision Case Number
48/Pailit/2012/PN.Niaga.Jkt.Pst. because judgednot meet obligations to
partners, PT. Prima Jaya Informatika. However, theBankruptcy Decision
subsequently canceled by the Supreme Court. However, natural bankruptcy at the
end of the PT. Telkomsel is not the end result of the law that must be paid by
Telkomsel namely Rewards For curator. In conducting the study, the authors
formulate two formulation of the problem, namely: The first How to Position the
Receiver in bankruptcy cases Telkomsel in Decision Determination of Number
48/Pailit/2012/PN.Niaga.Jkt.Pst Jo No. 704K/Pdt.Sus/2012? Second, How to judge
the legal considerations of the remuneration for the Curator
dalamPutusan-related judgments Telkomsel Bankruptcy Decisions Determination
Number 48/Pailit/2012/ PN.Niaga.Jkt.Pst Jo Number 704 K/Pdt.Sus/2012?.and
three, How analyzes Determination Decision No. 48/Pailit/2012/ PN.Niaga.Jkt.Pst Jo Number
704 K/Pdt.Sus/2012? The results showed that: The First, Fees for the Receiver
in bankruptcy case ends because the appeal or reconsideration decision, the
amount of remuneration is determined by the judge and curator charged to the
applicant or the applicant's bankruptcy and debtors in the ratio set by the
panel of Judges. Second, Decision of the Commercial Court Decision on Central
Jakarta District Court No. 48/Pailit/ 2012/PN.Niaga.Jkt.Pst Jo No.
704K/Pdt.Sus/2012 is not compatible with the principles of justice. And three,
the judges who decide the benefits do not consider the work that has been done,
ability, and employment rates Curator concerned in determining the amount of
remuneration. And does not consider anynew rules that have been born with
regard to the provisions of the Guidelinesamount of remuneration for the
curators and Administrator (Rule of law andhuman rights minister Number 1 of
2013).
Penulis: Jumdesra
Kode Jurnal: jphukumdd151334
