Tanggung Jawab Penyewa Gedung sebagai Pemegang Polis Asuransi Kebakaran terhadap Pemilik Gedung yang Terbakar (Studi Putusan MA Nomor 545 K/Pdt/2023)

Abstract

Rental activities are inseparable from the risk of damage or destruction of rental objects. To minimize these risks, tenants sometimes insure rental objects on their own behalf. However, when a fire occurs, the tenant refuses to be responsible for the loss on the grounds that he has paid the premium and is listed as a policyholder, thus claiming the entire insurance benefit even though the insured object does not belong to him. As stated in the case in the Supreme Court's decision, precisely in Decision Number 545 K/Pdt/2023. The purpose of this study is to find out the legal relationship between the building owner, tenant, and insurance company in a fire dispute on a rental object insured by the tenant, understand the responsibility of the building tenant as a fire insurance policy holder against the owner of the building that burns under the Civil Code, and to analyze the legal considerations of the panel of judges regarding the legal responsibility of the building tenant as a fire insurance policy holder against the owner building that burned based on Supreme Court Decision Number 545 K/Pdt/2023. The method used in writing this thesis is a normative juridical method, which is an approach that relies on the analysis of positive legal norms. This research was carried out through a literature study to obtain secondary data consisting of primary, secondary, and tertiary legal materials. Data sources are obtained through laws and regulations, legal literature such as books, scientific journals, and the results of previous research that are relevant to the problem being studied. The results of the study show that the legal relationship between building owners, tenants, and insurance companies is formed through a lease-lease agreement and a valid insurance agreement. The tenant has a direct relationship with the insurance company, while the building owner has an indirect interest as the owner of the insured object. Based on the provisions of Articles 1560, 1564, and 1565 of the Civil Code, the Tenant is responsible for the fire of the plaintiff's building so that the plaintiff is entitled to compensation in the form of fire insurance benefits whose policy is held by the tenant. The Panel of Judges considered that PT Danao Furniture International had fulfilled the elements of unlawful acts as stipulated in Article 1365 of the Civil Code because the tenant was proven to have been negligent by making changes to the structure of the building and adding electrical installations without a permit which caused the fire to occur.