Akibat Hukum Pengurangan Jumlah Klaim Asuransi Properti Bagi Pemegang Polis (Studi Putusan Nomor 38/PDT/2023/PT AMB)

Abstract

Property insurance in Indonesia is a form of financial protection against loss or damage to the insured object, such as a building and its contents, as well as the consequences of risks stated in the policy. In Indonesia, property insurance is regulated by the Civil Code, the Commercial Code, Law Number 40 of 2014 concerning Insurance, and regulations from the Financial Services Authority (OJK), which oversees the insurance sector. In practice, insurance companies frequently reduce claim amounts, which can impact policyholders' rights. This study aims to analyze the legal consequences of property insurance claim reductions by insurance companies, both for the policyholder and the insured. The method used is a normative legal approach, examining insurance laws and regulations and the provisions of insurance policies. The claim submission mechanism that policyholders must follow to obtain their rights under the policy, starting from the completeness of the documents, the examination process by the insurance company, to the payment of insurance fees according to the type of insurance. Referring to Decision Number 38/Pdt/2023/PT Amb, it is clear that the insurance company committed an element of default. Therefore, the panel of judges concluded that the insurance company was in default and caused the policyholder a loss in terms of the amount of the claim they should have received. The legal consequences for both parties include the obligation to enforce the legally binding decision, particularly for the insurance company, which must pay the claim to the policyholder. Therefore, it is crucial for insurance companies to act with prudence, transparency, and good faith in handling claims, and for policyholders to thoroughly understand the contents and provisions of the policy.