Charla, Charla
(2019)
Implementasi kewenangan kurator dalam mengajukan gugatan actio pauliana (studi kasus putusan nomor 01/ pdt.Sus/actiopauliana/2016/pn.Niaga.Jkt.Pst) = Implementation of curator’s authority in filling an actio pauliana suit (study of case verdict number 01/pdt.Sus/actiopauliana/2016/pn.Niaga.Jkt.Pst).
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
As a means of protecting the interest of creditors which are prejudiced due to legal actions conducted by debtors, Law Number 37 Year 2004 regarding Bankruptcy and Suspension of Obligation for Payment of Debts provides a legal action to nullify the prejudicial act conducted by the debtor towards the creditor through actio pauliana which is regulated within Article 41 Law Number 37 Year 2004. The research based on Verdict Number 01/Pdt.Sus/ActioPauliana/2016/PN.Niaga.Jkt.Pst which will be conducted by the author is in order to analyze further regarding the authority of curators in filing an actio pauliana suit pursuant to Law Number 37 Year 2004 regarding Bankruptcy and Suspension of Obligation for Payment of Debts, the authority of Tommy Simorangkir as a curator in filing an actio pauliana suit towards the debtor’s bankrupt assets in the form of a plot of land which is not only owned by the bankrupt debtor alone, but owned by 2 (two) other person, as well as whether the legal consideration of the panel of judges in deciding the case has been correct or incorrect. The type of research which the author uses in this research is a normative research with a qualitative type of research and uses the statue and case approach. The data which is used in this research are secondary data by using primary, secondary and tertiary legal materials. The result of this research finds that the authority to file an actio pauliana suit in a bankruptcy case is possessed by curators and Tommy Simorangkir as the curator has the authority to file actio pauliana in the said case although the asset is not only owned by the debtor alone, however, actio pauliana filed by Tommy Simorangkir as curator in the said case shall be rejected since it is not proven that the debtor is aware that his conduct is prejudicial to the creditor.
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