Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)

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Actio Pauliana Legal Reconstruction of Creditors in Bankruptcy Disputes to Achieve Substantive Justice

Authors
Yapiter Marpi1, *, Pujiyono Suwadi1, Hari Purwadi1
1Faculty of Law, Universitas Sebelas Maret, Kentingan, Jl. Ir Sutami No.36, Kec. Jebres, Kota Surakarta, Central Java, Indonesia, 57126
*Corresponding author. Email: yapitermarpi@gmail.com
Corresponding Author
Yapiter Marpi
Available Online 22 February 2024.
DOI
10.2991/978-2-38476-218-7_112How to use a DOI?
Keywords
Creditors; Actio Pauliana; Debtors; Bankruptcy; Justice
Abstract

Basically, bankruptcy and PKPU are a follow-up to the principle of parity creditoroum and the principle of pari passu prorle parte in the property law system. Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU) was enacted with the intention of protecting the rights of creditors who have receivables from the bankrupt party, bearing in mind that in general the assets left by the bankrupt party are smaller than the amount the debt. So this condition has the potential to cause chaos if the number of creditors is more than one, because each of them will fight over each other to control the assets left behind as compensation for paying off their receivables, and in the end among the creditors there will be: “whoever is quickest/strongest gets it, and who is slow will bite the finger.“ The problem in research is how to reconstruct the legal actio paulina of creditors who have been harmed by debtors? Normative Legal Research (doctrinal legal research) using the library research method. The purpose of this actio pauliana is to avoid losses from creditors, by requesting the court to cancel the debtor's legal actions which are deemed to be detrimental to creditors. Provisions regarding actio pauliana are contained in Article 1341 of the Civil Code, which stipulates that every creditor can apply for the cancellation of all acts that are not required to be carried out by the debtor.

Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 February 2024
ISBN
978-2-38476-218-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-218-7_112How to use a DOI?
Copyright
© 2024 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Yapiter Marpi
AU  - Pujiyono Suwadi
AU  - Hari Purwadi
PY  - 2024
DA  - 2024/02/22
TI  - Actio Pauliana Legal Reconstruction of Creditors in Bankruptcy Disputes to Achieve Substantive Justice
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 678
EP  - 683
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_112
DO  - 10.2991/978-2-38476-218-7_112
ID  - Marpi2024
ER  -