Legal Literacy - Learn about Actio Pauliana, a legal remedy for creditors who are harmed by debtors. Discover: The Definition of Actio Pauliana, Conditions for filing Actio Pauliana, Filing period, Proof of Actio Pauliana, Legal consequences of Actio Pauliana, and Examples of Actio Pauliana cases.

Actio Pauliana and Its Application based on Bankruptcy

Actio Pauliana is a form of legal protection for creditors against legal actions such as affiliations, grants, or payments of debts made by debtors to third parties where creditors feel aggrieved by these legal actions. Actio Pauliana is regulated in Article 41 and Article 42 Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU).

In addition, the provisions of Actio Pauliana are also regulated in Article 1341 of the Civil Code which states that every creditor has the right to file for cancellation of all debtor's actions that are not required to be carried out, and which are detrimental to the creditor, provided that it can be proven that when the action was taken, both the debtor and the person or for whom the debtor acted knew that the action would have detrimental consequences for the creditor. Examples of actions taken by the Debtor include selling or granting his assets, whether the action is reciprocal (such as buying and selling) or unilateral (such as grants) and doing something that can increase the burden of the debtor's obligations.

Creditors in filing an Action Pauliana must meet the following conditions: it is carried out for the benefit of the bankruptcy estate, the debtor who has been declared bankrupt has committed a legal act before being declared bankrupt that is detrimental to the creditors, and the legal act is not required by agreement or law.

In addition, according to expert Hadi Shubhan, the elements that must be fulfilled in filing an Action Pauliana are: First, the legal act is an act that is detrimental to the creditor and is carried out within 1 year before the bankruptcy decision. Second, the legal act is an act that is not obligatory/necessary for the debtor to carry out so that the act is detrimental to the creditor. Third, the legal act is an agreement in which the debtor's obligations far exceed the obligations of other parties in the agreement, which is detrimental to the creditor. Fourth, a legal act that is detrimental to the creditor for payment or provision of guarantees for debts that have not yet fallen due and/or have not yet or cannot be collected. Fifth, a legal act that is detrimental to the creditor which is carried out against affiliated parties.