Pengajuan gugatan lainlain (Actio Pauliana) oleh kurator dalam perkara kepailitan (studi putusan Nomor 3/PDT.SUS-Lain Lain/2020/ PN Niaga MDN dan Nomor 1/PDT.SUS-Actio Pauliana/2018/PN Niaga MDN)

Hanifah, Dinda (2022) Pengajuan gugatan lainlain (Actio Pauliana) oleh kurator dalam perkara kepailitan (studi putusan Nomor 3/PDT.SUS-Lain Lain/2020/ PN Niaga MDN dan Nomor 1/PDT.SUS-Actio Pauliana/2018/PN Niaga MDN). Bachelor (S1) thesis, Wijaya Kusuma Surabaya University.

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Abstract

Actio pauliana in bankruptcy law is the authority of a trustee in bankruptcy that is submitted to the Commercial Court to cancel a transaction carried out by a debtor in which the transaction is determined to cause more loss and/or disadvantage for the creditor and is an legal act that is not required to be carried out by the debtor and in this case, the legal act is carried out within a period of 1 (one) year before the bankruptcy verdict is pronounced. In order to protect the interests of creditors in bankruptcy cases who are harmed by bankrupt debtors against non-obligatory actions that have been carried out by debtors in bankruptcy cases, there is a legal basis for the Civil Code and Law Number 37 of 2004 concerning Bankruptcy and PKPU as a legal umbrella that regulates legal remedies referred to as actio pauliana as a means to provide protection to creditors and the value of bankrupt assets. This research is based on verdict Number 3/Pdt.Sus-Lainlain/2020/Pn Niaga Medan and Number 1/Pdt.Sus-Actio Pauliana/2018/Pn Niaga Mdn to further the analysis of the legal basis that supports the trustee’s authority in filing a lawsuit of actio pauliana based on Law Number 37 of 2004 concerning Bankruptcy and PKPU. This study also analyzes the legal opinion and considerations of the Panel of Judges in applying actio pauliana to the bankruptcy case. The research method used in this scientific research is a normative research method and is followed by a bankruptcy case approach and actio pauliana against the bankrupt debtor Bun Hui (In Bankruptcy). The analysis of the legal basis for the application of the legal action lawsuit against actio pauliana which has been granted by the Panel of Judges in the verdict provided is that for legal actions in which it can be proven that there was bad intention of a legal act form, from the bankrupt debtor and the act did not provide justice and fulfillment of obligations to the creditor, then The trustee may file a lawsuit using the actio pauliana method and as a result the debtor is obliged to return the assets which have been given away and/or have been transferred to the third party, and the trustee can register those assets in a bankruptcy estate registration.

Item Type:	Thesis (Bachelor (S1))
Uncontrolled Keywords:	Actio Pauliana, Kurator, Debitor, Kreditor, Kepailitan
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law
Depositing User:	Dinda Hanifah
Date Deposited:	13 Apr 2022 02:06
Last Modified:	13 Apr 2022 02:06
URI:	http://erepository.uwks.ac.id/id/eprint/11428

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