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The Actio Pauliana Principle in Indonesian Business Law

Halu Oleo Law Review (HOLREV) · Vol. 8 No. 1 (2024) · pp. 1–13

DOI
10.33561/holrev.v8i1.104
ISSN
2548-1754, 2548-1762
Published
2024-03-07
Publisher
Faculty of Law, Halu Oleo University
Language
eng
License
creativecommons.org/licenses/by/4.0

Abstract

In reality, the debtor who will be sentenced to bankruptcy, often avoids the legal consequences of the decision by transferring his assets to another party to ensure the creditor does not fully get his rights back. Therefore, in the bankruptcy law regulation, it is stated that the legal instrument for the Creditor (through the Curator) who feels aggrieved by the Debtor's legal actions is to file a lawsuit in the form of canceling the transaction. Such legal instruments are known as actio pauliana. Previously, actio pauliana was regulated in various legal rules, such as the Civil Code, Faillissements-Verordening, and Law no. 4 of 1998 concerning Bankruptcy. But nowadays, actio pauliana is regulated in Law no. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payments. Actio pauliana can be carried out against the debtor's legal actions that harm the creditor in relation to affiliation, grants, and debt payment. In its journey, actio pauliana did not run effectively, because not all creditors (cq. curators) used this instrument to reclaim their rights that had been harmed by the debtor. problem is the difficulty of proving the actio pauliana and legal protection for third parties who transact with the debtor.

Keywords

Collaboration network of the authors

7 authors · 11 co-authorship links

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  • Sekolah Tinggi Ilmu Hukum Sumpah Pemuda
  • Affiliation unknown
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  • Thicker line = more joint articles · bigger circle = more articles
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Co-authorOrganisationJoint articles
Aprila NiravitaAffiliation unknown2
Bhanu Prakash NunnaAffiliation unknown2
Sitta SarayaAffiliation unknown1
Firman Freaddy BusrohAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://holrev.uho.ac.id/index.php/journal/oai, first harvested 30 Oct 2026, last seen 8 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en-US">The Actio Pauliana Principle in Indonesian Business Law</dc:title>
	<dc:creator>Busroh, Firman Freaddy</dc:creator>
	<dc:creator>Khairo, Fatria</dc:creator>
	<dc:creator>Zhafirah, Putri Difa</dc:creator>
	<dc:subject xml:lang="en-US">Actio Pauliana</dc:subject>
	<dc:subject xml:lang="en-US">Legal Principles</dc:subject>
	<dc:subject xml:lang="en-US">Indonesian Law</dc:subject>
	<dc:description xml:lang="en-US">In reality, the debtor who will be sentenced to bankruptcy, often avoids the legal consequences of the decision by transferring his assets to another party to ensure the creditor does not fully get his rights back. Therefore, in the bankruptcy law regulation, it is stated that the legal instrument for the Creditor (through the Curator) who feels aggrieved by the Debtor's legal actions is to file a lawsuit in the form of canceling the transaction. Such legal instruments are known as actio pauliana. Previously, actio pauliana was regulated in various legal rules, such as the Civil Code, Faillissements-Verordening, and Law no. 4 of 1998 concerning Bankruptcy. But nowadays, actio pauliana is regulated in Law no. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payments. Actio pauliana can be carried out against the debtor's legal actions that harm the creditor in relation to affiliation, grants, and debt payment. In its journey, actio pauliana did not run effectively, because not all creditors (cq. curators) used this instrument to reclaim their rights that had been harmed by the debtor. problem is the difficulty of proving the actio pauliana and legal protection for third parties who transact with the debtor.</dc:description>
	<dc:publisher xml:lang="en-US">Faculty of Law, Halu Oleo University</dc:publisher>
	<dc:date>2024-03-07</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:type xml:lang="en-US">Peer-reviewed Article</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://holrev.uho.ac.id/index.php/journal/article/view/104</dc:identifier>
	<dc:identifier>10.33561/holrev.v8i1.104</dc:identifier>
	<dc:source xml:lang="en-US">Halu Oleo Law Review; Vol. 8 No. 1 (2024): Halu Oleo Law Review: Volume 8 Issue 1; 1-13</dc:source>
	<dc:source>2548-1754</dc:source>
	<dc:source>2548-1762</dc:source>
	<dc:source>10.33561/holrev.v8i1</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://holrev.uho.ac.id/index.php/journal/article/view/104/27</dc:relation>
	<dc:relation>10.33561/holrev.v8i1.104.g27</dc:relation>
	<dc:rights xml:lang="en-US">Copyright (c) 2024 Halu Oleo Law Review</dc:rights>
	<dc:rights xml:lang="en-US">https://creativecommons.org/licenses/by/4.0</dc:rights>
</oai_dc:dc>