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Purpose: The centrality of the bankruptcy trustee in bankruptcy cases requires bankruptcy law to maintain and enforce the trustee's standard of care. In the United States, the formulation of this standard at least includes the form of liability, level of violation, and exceptions to the trustee's liability. In Indonesia, this standard does not yet exist, so the legal certainty is still questionable. Indeed, there is general provision in Article 1365 of the Indonesia Civil Code and special provision in Article 72 of the Indonesia Bankruptcy Act 2004, but they are considered ineffective. Efforts are needed to borrow this standard from the United States. The most appropriate way of convergence is to carry out legal transplant. Therefore, this article discusses this standard in the United States, describes the text and legal context in Indonesia, and ultimately reveals transplant with the concept of path dependence. Method: The research conducted is normative legal research, so that discussions are carried out on the legal principles of liability, violations, and exceptions; in addition to discussions on comparative laws that exist in the United States. Given that the focus is only on legal materials (secondary data), the research is purely doctrinal research. With document study all results are collected, which are then subjected to quantitative analysis. Results: Research was conducted on the legal history of bankruptcy, namely the legal system (sources, institutions, and legal procedures) and legal culture (compliance, justice, and dispute resolution). There are indeed similarities in institutions and legal procedures that apply to both countries, although there is differentiation in the sources of law for the application of standard. In addition, there is a fairly high discrepancy between the two countries regarding compliance and justice experienced by the community, in addition to the differences in the main mode of court in the eyes of the community.
Gaffar et al. (Thu,) studied this question.