5/21/2023 0 Comments Actio paulianaThe action pauliana claim is submitted to the Commerce Court to cancel the debtor action that cause the loss to the bankrupt properties. Act of bankruptcy contain the special terms on other case from the bankrupt case that decided by the Commerce Court according to Article 300 paragraph (1) of Act No. The application of action pauliana is a continuation of bankruptcy decision in handle the property of bankrupt. The Commerce Court ask the curator to assess the properties of debtor after the bankruptcy decision. The commerce court has authority to investigate and take judgment on action pauliana in the bankruptcy case. 37 of 2004 said that for the interest of the bankrupt properties, it can apply the cancelation on all of legal action of debtor in bankruptcy that may cause the loss to the creditor that conducted before the bankruptcy. The action pauliana from Article 30, 41 up to 50 that more comprehensive than the provision or term in Civil Code (KUHPerdata) or in previous Bankruptcy Regulation (S.1905-217 in connection with S. Based on the results of research indicates that Act No. law research by focus to the library material or document that known as secondary data in addition to primary, secondary and tertiary law material. The approach method applied in this research is normative juridical method, i.e. The authority of commerce court in action pauliana claim is to save the bankrupt property in bankruptcy. 37 of 2004 concerning to the Bankruptcy and Postponement of liability for debt payment. The problem in this research is management of action pauliana according to Act No. Actio Pauliana is facility provided by regulation to each creditor to submit cancelation of not required action that implemented in which the action cause the loss to the creditor in management of bankruptcy properties. Each economic organization in any form or scale always requires the sufficient fund to enable the activities and development can be realized based on its planning.
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