Kedudukan Hukum Perusahaan Asuransi dalam Penerapan Hak Subrogasi terhadap Perusahaan Pelayaran pada Kasus Kerusakan Muatan CPO (Studi Putusan Pengadilan Tinggi DKI Jakarta Nomor: 675PDT2017PT.DKI)

Abstract

Maritime transportation, as a vital means of goods distribution across the Indonesian archipelago, carries high risks of cargo damage due to human negligence or force majeure. To mitigate potential losses, cargo owners typically transfer such risks to insurance companies through marine cargo insurance agreements. In practice, after compensating the insured for their claims, the insurer has the right to pursue recovery from third parties based on the principle of subrogation, as regulated under Article 284 of the Indonesian Commercial Code (KUHD). The research method used in this study is normative juridical, with a descriptive-analytical nature. The approach applied includes a statutory approach and case study of court decisions, utilizing secondary data, consisting of primary legal materials and secondary legal materials. Data collection is conducted through literature study, and conclusions are drawn using deductive reasoning. . The research findings indicate that the regulation of marine cargo insurance in Indonesia is based on the Indonesian Commercial Code (KUHD), Law No. 17 of 2008 on Shipping, and Law No. 40 of 2014 on Insurance, which comprehensively provide legal protection against the risks of cargo damage or loss during maritime transportation. Pursuant to Article 284 of the KUHD, insurance companies that have paid compensation claims are legally entitled to obtain subrogation rights against third parties responsible for the loss. However, in practice, as exemplified in Decision No. 675/PDT/2017/PT.DKI, such rights may be denied if the insurer fails to establish proper legal standing or valid evidence of rights transfer (subrogation receipt). The court also held that losses caused by force majeure, such as high waves resulting in cracked ship pipelines, exempt the carrier from legal liability in accordance with Article 40(2) and Article 41(3) of the Shipping Law. Furthermore, an insurance policy that is not classified as all risk does not cover natural disaster risks. Therefore, the enforcement of subrogation rights in marine cargo insurance must strictly fulfill both formal and substantive requirements, including proof of the carrier’s negligence and the appropriateness of the policy type, to be effectively enforced before the law.