Analisis Penolakan Gugatan Actio Pauliana Sebagai Bentuk Perlindungan Hukum Terhadap Kreditur Pemegang Jaminan Fidusia dalam Sengketa Harta Pailit Berdasarkan Studi Putusan Mahkamah Agung No. 1288 K/Pdt.Sus-Pailit/2023

Abstract

This study examines legal issues regarding the rejection of actio pauliana claims as legal protection for creditors holding fiduciary guarantees in bankruptcy disputes. Actio pauliana, which is regulated in Articles 41-49 of the Bankruptcy and PKPU Law, aims to cancel the debtor's legal actions that are detrimental to the interests of creditors, especially those carried out before the bankruptcy verdict. However, on the other hand, fiduciary guarantees provide priority rights and execution rights to separate creditors, even when the debtor is in a state of bankruptcy. The potential conflict between the enforcement rights of fiduciary creditors and the curator's efforts to use actio pauliana to secure bankruptcy assets raises the following questions: How are the regulations and legal protection mechanisms for creditors holding fiduciary guarantees, and how can the legal considerations of the Panel of Judges in rejecting the actio pauliana lawsuit in this case provide legal certainty and protection. This study uses a normative legal research method with a legislative and case approach. The legal data sources used include primary legal materials, secondary legal materials, and tertiary legal materials. The analysis was carried out by describing the existing problems based on the collected data to analyze the actio pauliana regulation, identify legal protection mechanisms for creditors holding fiduciary guarantees, and analyze the legal considerations of the panel of judges. This study concludes that the rejection of the actio pauliana lawsuit in Supreme Court Decision No. 1288 K/Pdt.Sus-Pailit/2023 was based on the fulfillment of the exception element, “an act that must be done.” The surrender of the fiduciary object is considered a legal consequence of default and is in accordance with the right of execution attached to fiduciary guarantees. This decision clearly affirms legal certainty and provides protection for the position of creditors holding fiduciary guarantees, as well as providing important guidelines for curators in the enforcement of balanced bankruptcy law.