Court Decree No.: 29/Pdt.Sus-GLL/2022/PN Niaga.Jkt.Pst
This case focuses on securing the release of assets mistakenly included in the boedel pailit by the appointed curator.
As the legal representative of the asset owner, we filed a miscellaneous lawsuit with the Central Jakarta District Court and we successfully facilitated the removal of these assets from the estate
The curator negligently included an asset in the boedel pailit.
After a thorough investigation and the presentation of evidence, it was determined that the asset legally belongs to our client and should not be part of the estate.
Misidentification of Asset
The curator incorrectly identified the asset as part of the boedel pailit, leading to delays.
Court Approval Required
A court ruling was necessary to confirm the asset’s exclusion from the boedel pailit.
What steps can be taken to expedite verifying and releasing assets from the boedel pailit?
Incorrect Identification by Curator
The curator failed to verify the asset's ownership before including it in the boedel pailit. This error was rectified once proper documentation was submitted.
Need for Court Involvement
The process required a court ruling to ensure the asset was properly removed from the boedel pailit.
Asset Release:
To release the assets, we submitted comprehensive ownership documents to expedite the curator’s verification and triggered a court litigation up to cassation, leading to the curator excluding the asset from the boedel pailit.
Enhanced Verification Procedures
Curators must implement thorough and transparent asset verification processes to avoid future errors. Assets within the boedel pailit must be adequately identified and managed.
Proactive Submission of Ownership Documents
If curators make mistakes in preparing the boedel pailit, the asset owners should submit all necessary documentation promptly and petition the court for swift review
If you have questions or encounter a similar case, feel free to contact us for consultation at putranto@putranto-alliance.com or by filling out the form below.
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putranto@putranto-alliance.com
Jl. Denpasar Raya Blok C4/24
Kompleks Menteri, Kuningan
Jakarta Selatan, 12950, Indonesia
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