Actio Pauliana As a Legal Protection Effort Towards Creditors from Bad Faith Debtors in Bankruptcy Cases

Abstract

Actio pauliana is closely related to the issue of Receivable and Liability. Article 1131 of the Civil Code stipulates provisions specifying that all debtor’s property shall become dependent for all individual engagements. With this article, a debtor is not bound in determining how they will make use of all the objects they have as long as the stipulated provisions do not harm the creditor. The moment when the debtor continues to take actions that are detrimental to the creditor is the moment where Actio Pauliana may come into effect. The type of research used in this study is normative juridical research with a statute approach. The data were analyzed using legal argumentation technique. In the case of bankruptcy, the court appoints a curator, namely the person in charge of managing and resolving bankruptcy cases. If a matter has been decided a bankruptcy, the curator is responsible for filing a lawsuit to the court containing cancellation of all actions that are considered detrimental to the creditor.