Tinjauan yuridis penerapan actio pauliana terhadap upaya direksi dalam melakukan pengalihan aset berdasarkan putusan nomor 01/PDT.Sus/Actiopauliana/2014/PN.Niaga.Jkt.Pst = Juridical review of the implementation of actiopauliana on the directors effort in transfering assets based on court decision no.01/pdt.Sus/Actiopauliana/2014/PN.Niaga.Jkt.Pst

Januardi, Benedictus (2019) Tinjauan yuridis penerapan actio pauliana terhadap upaya direksi dalam melakukan pengalihan aset berdasarkan putusan nomor 01/PDT.Sus/Actiopauliana/2014/PN.Niaga.Jkt.Pst = Juridical review of the implementation of actiopauliana on the directors effort in transfering assets based on court decision no.01/pdt.Sus/Actiopauliana/2014/PN.Niaga.Jkt.Pst. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Human is a social being that needs to be connected with one another, it shows that human cannot live alone but together with another individual. To be peacefully interconnected, as well as make a good bound in the society, a law is needed to keep the harmony, prosperity, and justice. In relation with liquidation, these means was the most important aspects in order to reach the harmony, especially a law that can protects the rights of debtors and/or the creditors in a case of bankruptcy and liquidation. Therefore, a law is a tool to make everything in order and justice according to norm in the society.The purpose of this thesis is to know whether or not our regulation, especially our law of bankruptcy and liquidation can protect the inventory of liquidation so that there won’t be any tort done by the debtor to the Creditor, by transferring the asets of the company. In accordance to Article 1341 of Indonesian Civil Code, each creditor may invalidate any acts which were not compulsory, committed by the debtor, which are detrimental to the creditors. The research question is regarding how each creditor invalidate any acts, called actio pauliana to abort the acts of creditors which were not necessary, or required during the time before the bankruptcy. In order to spot a violation, an observation and investigation are needed in order to gather some evidence to prove the transfer asets of the debtor. To support this thesis, the writer will do a normative observation by doing legal research by a case approach, statue approach and conceptual approach. However, pursuant to the issuance of Commercial Court and based on the results of research, according to the act which were not compulsory implied by the debtor to move the aset during the time before bankruptcy were categorized violation of the law

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