Kepastian Hukum terhadap Putusan Actio Pauliana dalam Perkara Pailit Atas Kerugian yang di Alami Kreditor (Studi Kasus Putusan Nomor 1 / PDT.SUS – Actio Pauliana / 2018 / PN. Niaga MDN JO. Putusan Mahkamah Agung Nomor 89 K / PDT.SUS – Pailit / 2019 / PN. MDN.)

Abstract

In the case of bankruptcy, a debtor usually attempts to decrease the bankrupt property by doing legal remedy for it which makes the creditor suffer financial loss. In order to protect the creditor's right, Article 1341 of the Civil Code and Article 41 until Article 50 of Law No. 37/2004 on Bankruptcy and KPPU have provided actio pauliana. The objective of this research is to find out whether actio pauliana can provide legal protection by a curator for creditor, actio pauliana can give guarantee to creditor against debtors and the implementation of legal certainty in the analysis on the actio pauliana Ruling (A case study on 1/Pdt.Sus-Actio the Ruling No. Pauliana/2018/PN.Niaga.Mdn Jo the Supreme Court's Ruling No. 89 K/Pdt.Sus- Pailit/2019/PN.Mdn. The research employs juridical normative method with statute, case, and legal doctrine approaches. The data are analyzed by using descriptive qualitative analytic method on secondary legal materials. The conclusion is drawn by using legal argumentation and evaluation, legal doctrines and principles in order to respond the problems concerning actio pauliana legal remedy as the realization of legal certainty for creditors. The result of the research, based on the study on the Ruling No. 1/Pdt.Sus-Actio Pauliana/2018/PN.Niaga.Mdn Jo the Supreme Court's Ruling No. 89 K/Pdt.Sus- Pailit/2019/PN.Mán, shows that actio pauliana Ruling and the Supreme Court's Ruling which reject the complaint about the revocation of legal act by Bun Hui (bankrupt debtor) and Arifin Thjin (defendant I) so that the bankrupt property is still owned by Arifin Thjin (defendant I) which causes the decrease in the bankrupt property. The resolution of dispute in the court should give legal certainty to creditor in the case of bankruptcy.