Furthermore, Actio Pauliana can only be filed by the Curator who has the authority based on law to file it as long as the curator has sufficient evidence of the debtor's actions that are detrimental to the creditor. The time period for filing Actio Pauliana based on bankruptcy law and PKPU is ideally 1 year before the bankruptcy decision, this is intended to provide legal certainty for the curator in filing an Actio Pauliana Lawsuit to the Commercial Court.

Proof of Actio Pauliana, if it is still within 1 year before the pronouncement of the bankruptcy decision, the bankrupt debtor is obliged to prove that the legal act is valid and does not harm the interests of the creditors or the debtor is deemed or should have known that the act harmed the creditor. However, if the 1-year filing period has passed, the curator is obliged to prove that the legal act committed by the debtor with a third party has harmed the interests of the creditors.

Actio Pauliana is closely related to bankruptcy law because it can have an impact on the process of settling the bankrupt debtor's assets who is undergoing the bankruptcy process. In the event that the curator has filed an Actio Pauliana Lawsuit and the lawsuit is granted, then as a legal consequence, the debtor's legal act being sued is canceled. The legal act that is canceled is generally an act involving a third party.

The legal consequence of the cancellation of the debtor's actions above, because it has harmed the creditor, creates an obligation for the parties in the Actio Pauliana Lawsuit to return the assets that have been obtained from the debtor to the curator because the assets are considered as bankruptcy assets.

In addition, legal protection for third parties who act in good faith and are involved in the Actio Pauliana Lawsuit based on the provisions of Article 49 paragraph (4) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU) states in essence that for goods that have been received by the Debtor or the price of goods that have been paid to the Debtor by a Third Party, the Curator of the bankrupt debtor subject to Actio Pauliana has an obligation to return the goods that have been received by the Debtor or the price of goods that has been paid by the third party to the Debtor as far as the bankruptcy estate is benefited.