OTHER LAWSUITS AND ACTIO PAULIANA IN BANKRUPTCY LAW AS AN IMPLEMENTATION OF INDONESIAN CIVIL PROCEDURE LAW

Jayadi, Hendri (2023) OTHER LAWSUITS AND ACTIO PAULIANA IN BANKRUPTCY LAW AS AN IMPLEMENTATION OF INDONESIAN CIVIL PROCEDURE LAW. Russian Law Journal, 11 (5). pp. 2669-2673. ISSN 2312-3605

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Abstract

Bankruptcy law is an important part of the legal system that regulates the process of resolving corporate bankruptcy. In Indonesian civil procedural law, there are two aspects that have a significant role in bankruptcy law, namely other lawsuits and actio Pauliana. This study aims to analyze and understand other lawsuits and actio Pauliana in the context of bankruptcy law in Indonesia. This research uses normative research methods. The data collection technique in this research is carried out by the literature study method by exploring journals, books, laws and information relevant to the research obtained through Google Schoolar. The data that has been collected is then analyzed in three stages, namely data reduction, data presentation and conclusion drawing. The results showed that other lawsuits in bankruptcy law as an implementation of civil procedural law refer to the KPKPU Law including lawsuit requirements, filing a lawsuit, court hearings and court decisions. Meanwhile, the implementation of actio pauliana refers to 1341 of the Civil Code, namely that the creditor must prove the existence of important elements, namely the existence of legal acts that are detrimental to the rights of creditors, the existence of losses incurred, the existence of malicious intent of the debtor to harm creditors, and the existence of a causal relationship between these legal acts and the losses suffered by creditors. Keywords: Other Lawsuits, Actio Pauliana, Bankruptcy Law, Civil Procedure Law

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