Actio Pauliana Sebagai Bentuk Perlindungan Hukum Bagi Kreditur Kepailitan. (Paulian Action as a Form of Legal Protection for Bankruptcy Creditors).

Khaqiqi, M. Ikhfal (2025) Actio Pauliana Sebagai Bentuk Perlindungan Hukum Bagi Kreditur Kepailitan. (Paulian Action as a Form of Legal Protection for Bankruptcy Creditors). Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

There are various problems that cause creditors' rights not to be fulfilled. The problem that causes creditors not to get the fulfillment of their debts is if the bankrupt debtor transfers his property to a third party before the bankruptcy decision is made by the Commercial Court judge, so that the bankrupt debtor's assets are insufficient to pay his debts to creditors. Based on this, the actions taken by the debtor can harm the creditors so that Law Number 37 of 2004 concerning Bankruptcy and PKPU provides protection for creditors called Actio Pauliana. So that there are legal issues as a formulation of problems related to protection efforts for Creditors whose Actio Pauliana lawsuit is rejected by the Court and how to prove that there is an act of the Debtor that is detrimental to the Creditor so that an Actio Pauliana lawsuit can be filed. The method used in this research is normative juridical with a statutory approach, conceptual approach, and case approach. The results of this study are that in the event that the lawsuit is rejected at the first level court, the curator can file an appeal, but if the lawsuit at the first level, cassation, review is still rejected, the bankruptcy property is still in effect by the curator with the distribution of assets according to Article 176, Article 124 and applies Article 97, Article 124 of the Bankruptcy and PKPU Law and at the suggestion of the Supervisory Judge, detention can be carried out according to Article 93 and Article 95. Meanwhile, related to how to prove the debtor's actions that are detrimental to creditors, namely First, the actions carried out for the benefit of the bankruptcy estate; Second, there is a legal action; Third, the debtor is declared bankrupt; Fourth, detrimental to creditors; Fifth, the action was carried out before the bankruptcy declaration; Sixth, it is considered to have known or should have known that it could harm the creditor; Seventh, the party with whom the action was carried out knew or should have known that his actions were detrimental to the creditor.... If the legal act committed by the bankrupt debtor with a third party has fulfilled the elements mentioned above, the Curator, with the permission of the Supervisory Judge, can file an Actio Pauliana lawsuit with the Commercial Court according to its jurisdiction.

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