The Concept of Actio Pauliana Creditor Law Bankruptcy Boedel Dispute Process to Achieve Substantive Justice

Abstract

Actio pauliana is a lawsuit that aims to establish the validity of the debtor’s legal actions in cases where they might harm the creditor. Actio Pauliana is a crucial instrument in bankruptcy law for ensuring the best possible implementation of substantive justice, especially for creditors. This research aims to analyze the substantive justice aspects of actio pauliana in the field of bankruptcy law. This research constitutes normative legal research by prioritizing conceptual and statutory approaches. The findings of the study validate that the fundamental purpose of actio pauliana in bankruptcy cases is to safeguard the rights of creditors, particularly in situations where debtors may take legal action that could be detrimental to creditors. This is how substantive justice views actio pauliana in bankruptcy disputes. Apart from that, Actio Pauliana also emphasizes the restitutive aspect as per the substantive justice concept, namely being able to declare the debtor’s actions to have no legal force if the action is detrimental to the debtor and reduces the number of bankruptcy debts as has been determined. In its development, the actio pauliana lawsuit in bankruptcy represents the fairness aspect as a manifestation of substantive justice, meaning that in the future, the actio pauliana lawsuit will encompass potential losses, that directly harm creditors. In addition, factual losses can be demonstrated fairly and appropriately.