ANALISIS YURIDIS PUTUSAN MAHKAMAH AGUNG NOMOR 15 PK/PDT.SUS-PAILIT/2021TERKAIT ACTIO PAULIANA DALAM KEPAILITAN

Abstract

This research aims to analyze the application of actio pauliana in bankruptcy proceedings based on the Supreme Court Decision Number 15 PK/Pdt.Sus-Pailit/2021, particularly concerning the judges’ legal considerations in assessing the elements of actio pauliana and the legal consequences arising for the parties involved. The main issues examined in this study focus on how the court assesses the element of creditor loss and bad faith in asset transfers conducted by the debtor prior to bankruptcy, as well as the implications of granting actio pauliana for the settlement and auction of the bankruptcy estate.

This research employs a normative legal research method using statutory, case, and conceptual approaches. The legal materials consist of primary legal materials in the form of legislation and court decisions, as well as secondary legal materials including legal doctrines, books, and scholarly journals. The analysis is conducted using a qualitative descriptive method by examining the consistency between legal norms and judicial reasoning in the relevant decision.

The results of the study indicate that the Supreme Court interprets creditor loss not merely as an actual or quantifiable loss, but as a reduction in the potential fulfillment of creditors’ claims due to the diminution of the bankruptcy estate. Therefore, actio pauliana serves as an essential asset recovery instrument to ensure creditor protection and the effectiveness of the bankruptcy system.