Actio Pauliana As A Legal Protection Instrument for Creditors (Case Study of Supreme Court Decision 15 K/Pdt.Sus-Pailit/2016)

Abstract

Actio pauliana is a legal remedy that allows the curator or creditor to cancel the debtor's legal actions taken before bankruptcy and proven to be detrimental to creditors. This study aims to analyze the application of actio pauliana as a legal protection instrument

for creditors in bankruptcy cases based on Supreme Court Decision No. 15 K/Pdt.Sus- Pailit/2016. The research method used is a normative juridical approach, with a

statutory, conceptual, and case approaches. The results show that the Supreme Court granted the actio pauliana petition because it was proven that the debtor's assets were transferred to a third party without good faith and were not comparable to the fair economic value, thereby reducing the bankruptcy estate. The judge's consideration emphasized that the fulfillment of the elements of creditor loss, the timing of the act prior to bankruptcy, and indications of dishonesty were the basis for canceling the transaction. This decision confirms the function of actio pauliana as an instrument for recovering assets into the bankruptcy estate to maintain the principle of pari passu prorata parte and to provide legal certainty for creditors in the settlement of bankruptcy in Indonesia.