Gugatan Actio Pauliana Terhadap Debitur yang Melaksanakan Perjanjian Fasilitas Kredit (Studi Putusan No.200 Pk/Pdt.Sus-Pailit/2018)

Abstract

Actio pauliana is a bankruptcy legal instrument used to annul debtor actions that harm creditors, particularly before a bankruptcy ruling. This study examines the case of PT Sumber Urip Sejati Utama, which was declared bankrupt after undergoing a Suspension of Debt Payment Obligations (PKPU) process. The curator discovered that company assets had been transferred to personal property through a credit facility agreement prior to bankruptcy. This action was deemed detrimental to creditors and became the basis for an actio pauliana lawsuit. The research questions include: 1. The regulation of actio pauliana in Indonesian law, 2. The Legal Consequences of a Credit Agreement Annulled by Actio Pauliana and 3. Analysis of the judges' considerations in Decision No. 200 PK/Pdt.Sus-Pailit/2018. The study employs a normative legal research method with a descriptive approach, using statutory and conceptual analysis. Secondary data was collected through library research and analyzed qualitatively. The findings indicate that actio pauliana is regulated under Article 1341 of the Indonesian Civil Code (KUH Perdata) and Law No. 37/2004, allowing the annulment of debtor actions if cumulative legal requirements are met. The credit agreement subject to the lawsuit was not obligatory, as there was no legally binding obligation. The credit agreement merely served as a condition precedent—an offer from the creditor rather than a compulsory legal obligation. Therefore, the asset transfer based on such terms cannot be considered a legal obligation exempt from actio pauliana. Decision No. 200/PK/Pdt.Sus-Pailit/2018 emphasizes the significance of timing and good faith in applying actio pauliana, reflecting legal consistency and protection for creditors.