Perkapi Proposes Curator Profession Bill Enter DPR's Priority Prolegnas
The Indonesian Curators and Administrators Association (Perkapi) is pushing for the Curator Profession Bill to be included in the House of Representatives’ priority national legislation programme (Prolegnas).
The proposal was put forward by Perkapi during a public hearing (RDPU) at Commission XIII of the DPR on Tuesday (15/6). Perkapi considers the bill important to avoid a legal vacuum and overlapping rules with Law Number 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations (PKPU).
“We propose that it would be best for this to be made a priority law and for it to become a lex specialis,” said Asri Munde, a member of Perkapi’s Advisory Board, during the hearing.
According to Asri, the Curator Profession Bill must serve as a lex specialis to the Bankruptcy Law. This is because, although the profession has existed since 1998, there has never been a provision regulating it.
To date, the legal basis for the curator profession only refers to government regulations issued through the Minister of Law.
“Curators have existed since ’98, but there has never been an organisation or law providing an umbrella for them. Everything is based on government regulations,” he said.
Beyond a legal umbrella, Perkapi, according to Asri, is also pushing for protection of the curator profession within the bill. This is because, he said, curators remain vulnerable to criminalisation by interested parties.
In the economic sector, a curator is a professional appointed by the commercial court to manage, secure, and settle the assets of a debtor declared bankrupt.
“The most important input relates to ensuring that this profession bill does not simply regulate matters, but rather how to ensure curators are not easily criminalised,” he said.
Unlike the Bankruptcy Law, which regulates material and formal aspects, Asri believes the Curator Bill will regulate professional standards, oversight, duties, and responsibilities.
“So there will be no overlap; everything will run according to its own corridor,” he said.