Analysis of Determination of Bankruptcy Costs and Curator Service Costs Reviewed from Aristotle's Distributive Justice Theory (Case Study of Intidana Savings and Loan Cooperative Bankruptcy in Indonesia)

Abstract

The main problem in this writing is whether the determination of bankruptcy costs and curator service fees by the Commercial Court of Semarang is in accordance with Aristotle's distributive justice theory based on the case study of the determination Number. 1/Pdt.Sus-Cancellation of Peace/2022/PN.Niaga Smg jo. Number 10/Pdt.Sus-PKPU/2015/PN.Niaga Smg and the legal consequences that arise. The practical purpose of this writing is to determine whether the determination of bankruptcy costs and curator service fees is in accordance with the theory of justice in law, especially using the distributive justice theory regarding the principle of proportionality according to the legendary figure Aristotle. Judge's considerations in this determination are also analyzed based on the provisions in UUK-PKPU. The conclusions obtained are as follows: The determination of bankruptcy costs and curator service fees in the study of Determination Number. 1/Pdt.Sus-Cancellation of Peace/2022/PN.Niaga Smg jo. Number 10/Pdt.Sus-PKPU/2015/PN.Niaga Smg, is not in accordance with Aristotle's distributive justice theory. In practice, bankruptcy costs and curator service fees have been disproportionate where Intidana Savings and Loan Cooperative (KSP) has a larger payment obligation compared to the bankrupt petitioner, which is not in line with the principle of proportionality or equal distribution from Aristotle's Distributive Theory. The legal consequences arising from the issuance of Determination Number. 1/Pdt.Sus-Cancellation of Peace/2022/PN.Niaga Smg jo. Number 10/Pdt.Sus-PKPU/2015/PN.Niaga Smg, include: the imposition of high curator service fees, the occurrence of execution, and the inability of Intidana Savings and Loan Cooperative (KSP) to operate again, which is not in accordance with the theory of justice.