Legal Protection for Third Parties in Good Faith on Actio Pauliana Litigation in Bankruptcy Proceedings
I Nyoman Wiguna,
Laila Maghfira Andaretna,
Michael Christian Budianto
et al.
Abstract:Actio Pauliana in bankruptcy, as stipulated under Law Number 37 of 2004, empowers the Curator to seek the annulment of transactions undertaken by the bankrupt debtor, causing harm to the bankrupt estate. Actio Pauliana requires proof that a third party, the debtor's transaction partner is proven to not have acted in good faith, as outlined in the law. However, the legislation lacks clarity on the criteria safeguarding third parties in good faith against Actio Pauliana claims. This research employs a doctrinal … Show more
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