Pelindungan Hukum kepada Pemegang Polis Marine Cargo atas Wanprestasi yang Dilakukan oleh Perusahaan Asuransi Kerugian (Studi Putusan No.16/Pdt.G.S/2022/PN.Mks)

Abstract

Insurance is an essential instrument in providing protection against the risk of loss, including in the transportation of goods by sea, known as marine cargo insurance. However, in practice, breaches of contract (wanprestasi) by insurance companies that harm policyholders are not uncommon. One case that becomes the focus of this study is Decision No. 16/Pdt.G.S/2022/PN.Mks, which illustrates how the rights of marine cargo policyholders were neglected by the insurance company through the rejection of claims for losses that should have been covered. The main issues discussed in this research include: the causal factors of breach of contract committed by the insurance company against marine cargo policyholders; the legal protection that can be provided to disadvantaged policyholders; and the legal considerations of the Panel of Judges regarding legal protection for marine cargo policyholders against breach of contract by insurance companies based on Decision No. 16/Pdt.G.S/2022/PN.Mks. This thesis applies a normative juridical research method with a descriptive approach and statutory approach. The data used is secondary data as the primary source, collected through literature study, analyzed qualitatively, and supported by case approach based on the court decision in question. The findings indicate that in Decision No. 16/Pdt.G.S/2022/PN.Mks, the Panel of Judges concluded that the insurance company committed a breach of contract by rejecting the claim submitted by the marine cargo policyholder, even though the event that caused the loss was covered under the insurance policy. The insurance company’s rejection was based on a unilateral interpretation of the “Port to Port Only” clause, which they argued had ended the coverage. However, trial facts proved that the unloading process had not been completed when the vessel encountered an accident due to severe weather. The judges considered that the incident still fell within the scope of protection under the Total Loss Only (TLO) insurance type. Referring to Articles 1238 and 1243 of the Indonesian Civil Code on breach of contract, and the principles of consumer protection under the Insurance Law and Article 28D paragraph (1) of the 1945 Constitution, the judges concluded that the insurance company had failed to fulfill its obligations and decided to partially grant the plaintiff’s claims. This decision emphasizes the importance of providing legal protection to policyholders, which must be implemented honestly, transparently, and fairly, in accordance with the terms agreed upon in the policy.