Gugatan Actio Pauliana terhadap Debitur yang Melaksanakan Perjanjian Fasilitas Kredit

Studi Putusan No. 200PK/Pdt.Sus-PAILIT/2018

Abstract

Actio pauliana is a legal instrument in bankruptcy law used to annul actions by a debtor that are detrimental to creditors, particularly those conducted before the bankruptcy ruling. This study analyzes the case of PT Sumber Urip Sejati Utama, in which the transfer of company assets to personal property through a credit agreement before bankruptcy did not constitute a legal obligation under actio pauliana. The research employs a normative juridical method with a literature-based approach and qualitative analysis of secondary data. The results of the study show that, actio pauliana is regulated under Article 1341 of the Indonesian Civil Code and Law No. 37 of 2004, with cumulative requirements, the annulled credit agreement did not constitute a legal obligation, but rather a condition precedent, meaning the asset transfer is not exempt from actio pauliana, the panel of judges emphasized the timing of the transaction and the presence of good faith, thereby strengthening creditor protection. These findings are expected to serve as a guideline in future bankruptcy law practice.