Perlindungan Hukum Terhadap Kepentingan Para Kreditur Yang di Rugikan oleh Perbuatan Debitur dalam Bentuk Upaya Hukum Actio Pauliana (Studi Putusan Nomor 06/PDT.SUS.Gugatan Lain-Lain-AP/2020/Pn.Niaga.Jkt.Pst Jo Nomor 27/ Pdt-Sus-Pkpu /2015 /Pn.Niaga.Jkt.Pst)

Abstract

In bankruptcy proceedings, it is not uncommon to encounter debtors with malicious intent who engage in legal actions detrimental to their bankrupt estate, thereby harming their creditors. To address this, Bankruptcy Law and PKPU provide a solution in the form of Actio Pauliana, where the curator must prove the debtor's legal actions before filing the Actio Pauliana lawsuit. This is aimed at ensuring that the actions indeed prejudice the creditors' interests. The problem state ment in this thesis is: What are the debtor's actions detrimental to creditors that can serve as the basis for Actio Pauliana verdicts ; What are the legal consequences of the Actio Pauliana decision for legal actions carried out by debtors and legal protec tion for the interests of creditors; What are the legal consequences of Actio Pauliana verdicts for creditors' interests, How does the presumption of knowledge in Actio Pauliana protect creditors in Verdict Number 06/Pdt.Sus.Gugatan LainLain AP/2020/PN.Nia ga.Jkt.Pst. jo Number 27/Pdt Sus PKPU/2015/PN.Niaga.Jkt.Pst. The method used in this thesis research is the normative juridical research method, which involves conducting research using legal doctrines and court judgments to obtain legal data sources, name ly Primary, Secondary, and Tertiary, where interviews will be used to collect data, and deductive reasoning will be used in drawing conclusions. The research findings confirm that PT. Asuransi Bumi Asih Jaya indeed engaged in legal actions resulting in los ses for its creditors. Through presumptions in Actio Pauliana, the curator must establish three arguments against the debtor: that the accused's knowledge presumption is false concerning Time, Flow, and Value. However, during the trial, the debtor failed t o prove these arguments, indicating that they were aware or should have been aware of their actions harming the creditors. Based on this, the plaintiff, as the curator of PT. Asuransi Bumi Asih Jaya in bankruptcy, appropriately filed an Actio Pauliana laws uit to protect and restore the rights of the creditors affected by the debtor's actions, ensuring protection and legal certainty for the creditors.