Prinsip Keadilan dalam Penetapan Imbalan Jasa Kurator Jika Putusan Pailit Dibatalkan (Studi Putusan Kasus Kepailitan PT Telekomunikasi Selular)

Each curator will be given the bankruptcy estate settlement service fee as determined by the decision of court based on the Minister Decree in charge after the bankruptcy ends. This paper aims to analyze the rule setting about curator fee if the bankruptcy ends because the cassation or judicial review decision. This paper is based on normative research, that uses statute approach and case approach. The results showed that the arrangements for Curator Fee if bankruptcy is canceled through an cassation or judicial review, according to Ministerial of Justice Decree Number 9/ 1998 and Ministerial of Justice and Human Rights Number 1/ 2013, contrary to the Law 37/ 2004. In the bankruptcy case Number 48/Pailit/2012/PN.Niaga.Jkt.Pst, which is Telekomunikasi Selular Co.Ltd as the Debtor, result in inequities in the fee Curator. Receivers should be rules regarding benefits, especially if the bankruptcy ends because the cassation or judicial review, should be based on the principle of justice for Bankrupt Debtors and the Claimant, both in terms of amount of benefit to be paid as well as the imposition of the payment itself