Source: Untar Public Relations – KJ
A clear mechanism governing business activities is an essential element of a country’s economic development. This makes the role of curators crucial in balancing the interests of various stakeholders throughout bankruptcy proceedings.
This was conveyed by Firoz Gaffar as he defended his dissertation titled “The Standard of Care of Curators as an Elixir in Bankruptcy Cases in Indonesia” during the Open Examination of the Doctor of Law Program (Prodi DIH) at the Faculty of Law (FH) of Untar on Thursday (11/7) at the Auditorium of Untar Campus I.
Through his dissertation, Firoz highlighted various technical and legal challenges faced by curators in Indonesia. One of the primary obstacles is the frequent attempts by debtors to hinder curators from carrying out their duties, including securing bankruptcy assets and gaining access to bank accounts. The criminalization of curators has also become a serious concern, as curators may be reported to law enforcement authorities while performing their professional responsibilities.
Firoz identified the ambiguity of Article 72 of the 2004 Bankruptcy Law as a key source of these issues. The provision governing the personal liability of curators is considered unclear, incomplete, and insufficiently detailed, resulting in inadequate legal protection for curators.
In his research on court decisions issued between 2004 and 2022, Firoz found that the number of lawsuits filed against curators was relatively small. According to him, this is partly due to legal uncertainty, which leads many parties to assume that curators are already acting appropriately and therefore do not need to be challenged in court.
Firoz also compared Indonesia’s situation with that of the United States, where curator liability is regulated more clearly. In the United States, liability is governed through the concept of “Standard of Care,” which clearly defines types of violations and detailed exemption factors. The system evolved from numerous court decisions that were later classified and established as legal precedents.
His dissertation proposes the adoption of the standard of care concept for curators in Indonesia. According to Firoz, this concept could serve as an effective instrument for advancing bankruptcy proceedings and strengthening legal certainty in Indonesia.
Chief Promoter Prof. Dr. Amad Sudiro, S.H., M.H., M.M., M.Kn. stated that earning a Doctor of Law degree complements Firoz’s career as both an academic and a legal practitioner. “Continue contributing as an academic while pursuing further research and scientific publications,” he advised.
Firoz Gaffar is a lecturer in the Master of Law Program at Universitas Trisakti. In addition to his academic activities, he is also a practicing advocate and an active member of various professional organizations. He began his doctoral studies at the Faculty of Law of Universitas Indonesia before continuing and completing them at FH Untar.
Before the board of examiners, Firoz successfully defended his dissertation and was declared eligible to receive the doctoral degree, becoming the 35th graduate of the Doctor of Law Program at FH Untar. (KJ/YS/KJ)