Perlindungan Hukum Bagi Kreditor Terkait Keberadaan Lembaga Actio Paulina dalam Hukum Kepailitan di Indonesia (Studi Kasus Putusan Mahkamah Agung Nomor 15 k/Pdt.Sus-Pailit/2016)

Abstract

Jn Law on Bankruptcy, there is legal protection for creditors through actio pauline institution. Actio paulina is a very important institution for protecting creditors in law on bankruptcy. The research problems are as follows: 1) how about legal protection for creditors related to actio pauline institution; 2) how abut legal protection for the third party that has good faith toward creditors related to actio pauline institution; and 3) how about juridical analysis on judges consideration in settling and pronouncing actio pauline case in the Supreme Court's Ruling No. 15 .K/Pdt.Sus-Pailit/2016. The research used juridical normative and descriptive analytic method by analyzing all legal provisions related to actio pauline institution. The data were gathered by conducting library research and field research method. Based on the research problems, it can be concluded that 1) actio pauline is the facility given to creditors to file revocation on all actions which have not to be done by debtor 2) third parties who have good intention cannot be canceled because it has fulfilled the element of subjective good intention and objective good intention 3) the evaluation on Judex Facti Ruling is correct so that it is appropriate to be maintained. It is recommended that 1) the adjustment of debt payments should regulate in absolute tenns about the actions of debtors that categorized as detrimental to creditor, to protect from the actions of the bad creditors 2) concrete regulation on legal protection for the third party should be concrete concerning good faith of the third party, and 3) harmonization should be needed on the Judex Facti and Judex Juris Ruling so that the ruling searched for by litigants, in this case creditors, have legal guarantee