Analisis Penerapan Asas Itikad Baik Dalam Kontrak Bisnis Asuransi (Studi Terhadap Putusan Nomor 134/Pdt.G/2023/PN MDN)

Abstract

In the development of law in this globalization era, the regulation of the principle of good faith since ancient times in contractual and agreements in Indonesian civil law only focuses on Article 1338 of the Civil Code. Even so, the position of the principle of good faith in contractual relations is very important. Therefore, the application of the principle of good faith is carried out from the beginning of contract making to contract execution. In contractual relations, there are still violations of the principle of good faith. For this reason, research was conducted on the application of the principle of good faith in business contracts in decision No. 134/Pdt.G/2023/PN Mdn. This research is a normative juridical research conducted by researching through secondary data consisting of primary legal materials such as laws and regulations and also using secondary legal materials such as legal literature related to the formulation of problems in this study. To analyze this research, two approaches are used, namely the legislation approach and the case approach. The data collection method is carried out using a literature study procedure by reviewing written information from various sources related to the application of the principle of good faith in business contracts. The results showed that the insurance company in this case had basically applied the principle of good faith while the policyholder did not state the truth about the insured's health condition. However, in this case the insurance company as the insurer did not provide strong enough evidence in the judicial process. For this reason, the Panel of Judges granted the lawsuit filed by the policyholder so that the insurance company must pay the insurance claim filed by the policyholder. From this analysis, both parties should equally apply the principle of good faith in the business contract because good faith is the basis of contractual relations.