This research describes and examines the problems, firstly, the curator's considerations in proposing PT Star Prima's going concern. Second, the application of going concern in the PT Star Prima bankruptcy case.
This research is descriptive empirical normative legal research. Types and sources of research data include primary data and secondary data consisting of primary and secondary legal materials. The data collection techniques used were interviews and library research, and the technical analysis used was qualitative methods.
The research results show that: (1) The curator's duties begin when the debtor is declared bankrupt. The main task of the curator is to manage and settle all bankruptcy assets. When carrying out management and settlement, as much as possible, increase or maintain bankruptcy assets to pay off debtors' debts to creditors. In the context of management and settlement, based on the principle of business continuity contained in the explanation of the Bankruptcy Law and PKPI, it is still possible for prospective debtor companies to continue their business (going concern). The main reason the curator proposes going concern is to increase the bankruptcy estate and save the debtor's assets so that they continue to function and retain value. (2) The implementation of the going concern carried out by the PT Star Prima Curator Team (in bankruptcy) is by Article 104 paragraph (2), Article 179 paragraph (1), Article 180 paragraph (1), and Article 74 paragraph (1) of the Bankruptcy Law and PKPU. In implementing the PT Star Prima going concerned (in bankruptcy), the curator team collaborated as stipulated in the Management Agreement with PT Metropolitan Golden Management (MGM, Horison Hotel Group) to manage the hotel and finance all hotel operations at the PT Star Prima location.
