Actio Pauliana Legal Reconstruction of Creditors in Bankruptcy Disputes to Achieve Substantive Justice

Abstract

Basically, bankruptcy and PKPU are a follow-up to the principle of parity creditoroum and the principle of pari passu prorle parte in the property law system. Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU) was enacted with the intention of protecting the rights of creditors who have receivables from the bankrupt party, bearing in mind that in general the assets left by the bankrupt party are smaller than the amount the debt. So this condition has the potential to cause chaos if the number of creditors is more than one, because each of them will fight over each other to control the assets left behind as compensation for paying off their receivables, and in the end among the creditors there will be: "whoever is quickest/strongest gets it, and who is slow will bite the finger." The problem in research is how to reconstruct the legal actio paulina of creditors who have been harmed by debtors? Normative Legal Research (doctrinal legal research) using the library research method. The purpose of this actio pauliana is to avoid losses from creditors, by requesting the court to cancel the debtor's legal actions which are deemed to be detrimental to creditors. Provisions regarding actio pauliana are contained in Article 1341 of the Civil Code, which stipulates that every creditor can apply for the cancellation of all acts that are not required to be carried out by the debtor.