Miscellaneous Lawsuits By The Curator As A Legal Protection Instrument For Creditors Regarding The Personal Liability Of Directors And Commissioners In Limited Liability Company Bankruptcy Study Of Decision Number 706 K/Pdt.Sus-Pailit/2021

Abstract

The principle of limited liability in a limited liability company is not absolute, as it can be pierced through the piercing the corporate veil doctrine when directors and commissioners are proven to have breached their fiduciary duty, causing the company to become bankrupt with insufficient bankruptcy estate to settle all obligations to creditors. This study examines the legal standing of the curator in filing ancillary lawsuits and the mechanism of applying the doctrine as the basis for personal liability of corporate organs, analyzing Supreme Court Decision Number 706 K/Pdt.Sus-Pailit/2021. A normative juridical method was employed with statutory, conceptual and case approaches. The results show that the curator holds a strong legal mandate to file ancillary lawsuits upon finding indications of organ negligence causing estate insufficiency. The doctrine is applied proportionally through cumulative evidentiary elements with a reversed burden of proof.