According to Munir Fuady in his book, he explains that there are requirements for the curator to return the price of goods to third parties in Actio Pauliana, there are 2 requirements including: if and to the extent that the price of the goods has benefited the bankruptcy estate and if the price of the goods is available. Thus, if these conditions are met, the curator based on applicable law is obliged to return the price of the goods as a right that should be obtained by a third party involved in Actio Pauliana due to the cancellation of the transaction that has occurred.

Actio Pauliana Case in Bankruptcy

The following is one example of an Actio Pauliana Lawsuit filed by the Curator against the Debtor in bankruptcy, namely decision Number 659 K/Pdt.Sus-Pailit/2017. The filing of the Actio Pauliana Lawsuit was based on the fact that Debtor PT AJB is a Company that has been declared bankrupt based on the decision of the panel of judges of the Commercial Court that examined the case a quo. Then Debtor PT AJB took bad faith actions by transferring one of the assets/land and building assets of PT AJB which are included in the bankruptcy estate by carrying out a sale and purchase to a third party 2 days before the bankruptcy decision.

Debtor PT AJB should have known that the land and building assets were bankruptcy estate assets so Debtor PT AJB should have handed them over to the Creditors in the context of settling the bankruptcy of PT AJB. The unlawful act committed by Debtor PT AJB has actually made the creditors of PT AJB.

The Creditors filed an Actio Pauliana Lawsuit with the petitum of the Lawsuit being to request that the sale and purchase agreement for assets or assets belonging to the bankruptcy estate be null and void and return the money from the sale of the land and building to a third party and state that the Creditor of PT AJB as the Plaintiff is the legal party and entitled to the land and building assets.

The decision of the Panel of Judges at the first level was to grant the Lawsuit of the Creditors of PT AJB, stating that the legal act of Debtor PT AJB transferring the land and building assets of the bankruptcy estate resulted in losses for the creditors, stating that the deed of sale and purchase of land and buildings carried out by Debtor PT AJB with a third party was null and void, handing over the assets and certificates to the creditors as the PT AJB Curator Team, ordering Debtor PT AJB to return the money from the sale of the land and building assets to a third party and stating that the creditors are the legal parties to the land and buildings of the bankruptcy estate.