Perlindungan Hukum Terhadap Pihak Ketiga Dalam Actio Pauliana

Abstract

Actio Pauliana is a term for the cancellation of a legal action carried out by the debtor because the legal action can harm the creditor and is not required to be carried out. Actio Pauliana is closely related to bankruptcy law because it can have implications for the process of settling bankrupt assets of debtors who are undergoing the bankruptcy process. In the settlement of bankruptcy assets, the curator will conduct an examination of the ownership of the debtor's bankrupt property which will be used to resolve the bankruptcy process to its creditors. If Actio Pauliana's lawsuit is granted, as a result, the legal action of the debtor being sued by Actio Pauliana will be canceled. The canceled legal action involves a third party in transactions in general and creates an obligation for the third party to return the debtor's bankrupt property. The formulation of the problem in this research is what is the legal protection for third parties in Actio Pauliana's lawsuit. The purpose of writing this thesis is to fulfill one of the requirements to obtain a Bachelor of Law degree at the Faculty of Law, University of Surabaya. The writing of this study uses a normative juridical legal research type, from legal research carried out with this method, the results obtained that legal protection for third parties in the Actio Pauliana lawsuit gives a third party the right to get back the object that has been received by the debtor or its replacement value or the price of the goods. which has been paid to the debtor. Meanwhile, for the lack of the replacement value of the object or the price of the goods that have been paid by a third party to the Debtor, the third party in the Actio Pauliana lawsuit may appear as a Concurrent Creditor.