Itikad Tidak Baik Debitur Pailit dalam Pengalihan Harta Pailit yang Berakibat Gugatan Actio Pauliana (Studi Putusan No.06/Pdt.Sus-Actio Pauliana/2016/PN.Niaga.Jkt.Pst)

Abstract

Bankruptcy is a general seizure of all assets of a debtor who has been declared bankrupt. In practice, problems are found where bankrupt debtors in bad faith, without rights, and a legitimate reason transfer bankrupt assets that are detrimental to the interests of the bankrupt estate by reducing the value of the bankrupt estate. The curator is given the right by law to ask the court to cancel the transfer through actio pauliana as an effort to protect the bankrupt estate. The method used in this thesis research is a legal research method with a normative legal research type. The nature of this research is descriptive with a statutory approach method and a case approach. The data used is secondary data as the main data consisting of primary, secondary, tertiary legal materials obtained by library research data collection techniques and using qualitative data analysis. This research produces a conclusion, first the legal consequences of the transfer of bankrupt assets by bankrupt debtors are the transfer of ownership rights to bankrupt assets so that the value of the bankrupt assets is reduced and results in losses for creditors. Second, the bad faith of the bankrupt debtor resulting in an actio pauliana lawsuit refers to the intention or manifestation of the bankrupt debtor's actions who want to avoid obligations and/or benefit themselves by committing acts such as transferring bankrupt assets, colluding with certain creditors, and entering into agreements that are detrimental to the bankrupt assets. To cancel the bad faith of the bankrupt debtor, it is necessary to prove that at the time the act was committed, the debtor and the party with whom the act was committed were deemed to have known or should have known that the act would result in losses for the creditors. Third, actio pauliana as a legal remedy in canceling the transfer of bankrupt assets by the bankrupt debtor is by proving the bad faith of the bankrupt debtor and fulfilling the requirements of actio pauliana as stipulated in Articles 41-49 of the KPKPU Law. Explicit regulations should be made in the KPKPU Law regarding bad faith so as not to cause multiple interpretations and to achieve legal certainty in deciding actio pauliana.