ANALISIS SANKSI PIDANA TERHADAP KURATOR BERDASARKAN PRINSIP INDEPENDENSI MENURUT HUKUM KEPAILITAN

The complexity of the settlement of bankruptcy assets is increasing with theinclusion of a criminal sanction article in the Bankruptcy Law which states that ifit is proven that the curator is not independent, it can be subject to legal sanctionsboth criminal and civil according to the legislation. The threat to impose criminalsanctions related to the non-independence of the curator eventually became a newproblem, especially related to criminal responsibility, namely in terms ofdetermining the benchmark the curator was said to be not independent so that hecould be subject to criminal sanctions as mandated by UUKPKPU. This study aimsto analyze the ratio of criminal sanctions to curators who are not independent in theBankruptcy Law and to analyze the criminal liability of curators in bankruptcybased on the principle of independence.This research uses normative juridical research, the nature of the research isdescriptive. The data source used is secondary data. Data collection techniques byconducting library research and document studies on criminal sanctions againstcurators based on the principle of independence according to bankruptcy law.The results of the study indicate that criminal sanctions against curators who arenot independent in carrying out their duties in managing a bankrupt companyrequire clear moral standards regarding the principles of independence related tothe curator profession. This can be done by formulating and elaborating it in thecurator's code of conduct and UUKPKPU. The existence of a clear formulation ofthe independence of the curator, on the one hand can be used as a guide for thecurator in carrying out his professional duties. While on the other hand it is alsouseful for law enforcement officers, especially judges, the existence of a clearformulation of the values of the independence of the curator can be taken intoconsideration in determining the criminal responsibility of the curator, namelywhether the actions carried out fulfill the elements of a criminal act. The criminalresponsibility of a curator who is not independent refers to the fulfillment of 3(three) pillars in criminal law, namely there is a criminal act, an error that results incriminal liability and is related to crime or punishment based on the principle ofindependence, namely the curator in a difficult situation can take firm action for thesake of the bankruptcy estate.Keywords:Legis Ratio, Curator's Criminal Liability, Independence Principle, Bankruptcy