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Regulation model for filing an actio pauliana lawsuit by creditors to revoke the debtor's legal actions prior to declaration of bankruptcy by the commercial court

Author

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  • Hendra Onggowijaya

    (Universitas Trisakti Indonesia, Indonesia)

Abstract

This paper aims to evaluate the regulation model for filing an action pauliana lawsuit by creditors to revoke the debtor’s legal actions prior to the declaration of bankruptcy. The research method used is normative juridical. The results show that the model for regulating the authority of creditors who wish to file an actio pauliana lawsuit against debtors in bankruptcy law can be done by making changes to Law Number 37 of 2004 concerning Bankruptcy by adding an article which regulates the procedural law of how a creditor can file a lawsuit. action pauliana in the following way: Creditors who acknowledge the existence of a Debtor's legal action, which is not required to be carried out within one year before the bankruptcy decision is pronounced, may submit an application to the Supervisory Judge by attaching valid evidence so that the Supervisory Judge will issue a ruling concerning the Debtor's legal action is in one year before the bankruptcy decision is pronounced, is not mandatory and shall be revoked. Key Words:Regulatory Model, Actio Paulino Lawsuit, Bankruptcy, Commercial Court

Suggested Citation

  • Hendra Onggowijaya, 2022. "Regulation model for filing an actio pauliana lawsuit by creditors to revoke the debtor's legal actions prior to declaration of bankruptcy by the commercial court," International Journal of Research in Business and Social Science (2147-4478), Center for the Strategic Studies in Business and Finance, vol. 11(7), pages 350-356, October.
    • Handle: RePEc:rbs:ijbrss:v:11:y:2022:i:7:p:350-356
    DOI: 10.20525/ijrbs.v11i7.2165
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