Tanggung Jawab Hukum Perusahaan Asuransi atas Penolakan Klaim Asuransi Marine Cargo yang Merugikan Pemegang Polis (Studi Putusan Nomor 209/Pdt.G/2024/Pn Jkt Pst)

Abstract

An insurance contract is made as a binding agreement between the insurer and the insured to transfer the insured’s risk, thereby providing a sense of security. The insurance agreement is established and binding upon both parties involved, along with the responsibility to fulfill the rights and obligations of each. Breach of contract refers to the inability or negligence in fulfilling contractual obligations, which requires the defaulting party to provide or pay compensation. The method used in this thesis is normative juridical, employing case and statutory approaches. The purpose of this thesis is to identify the factors causing the rejection of insurance claims in Indonesia, the legal liability borne by Marine Cargo Insurance companies for claim rejections that disadvantage policyholders, and the legal considerations of the Panel of Judges regarding the rejection of insurance claims by Marine Cargo Insurance companies in Decision Number 209/PDT.G/2024/PN Jkt.Pst. The factors leading to insurance claim rejections in Indonesia include events falling under policy exclusions, dishonesty at the time of application, inactive policies, claims submitted beyond the time limit, waiting periods, pre-existing conditions, and incomplete or invalid claim documents. The legal liability of Marine Cargo Insurance companies for rejecting claims that harm policyholders is carried out through civil liability in the form of compensation. The judges’ considerations for the claim rejection by the Marine Cargo Insurance company in Decision Number 209/Pdt.G/2024/PN Jkt.Pst are in accordance with the principles of justice, expediency, and legal certainty that must be present in every judicial decision.