Tanggung Jawab Perusahaan Asuransi terhadap Pembayaran Angsuran Kredit Bank Apabila Debitur Meninggal Dunia (Studi Putusan Nomor 613/Pdt.G/2023/PN SMG)

Abstract

A credit agreement between a bank and a debtor is generally accompanied by credit life insurance to minimize the risk of default caused by the debtor’s death. In practice, if the debtor passes away, the insurance company is obliged to pay the remaining loan to the bank in accordance with the terms of the policy. However, in Court Decision Number 613/Pdt.G/2023/PN.Smg, a legal issue arose in which the insurance company and the bank failed to fulfill their obligation to pay the life insurance claim to the debtor’s heirs. The problems examined in this research include: how the responsibility of the insurance company is regulated in relation to the debtor’s life insurance policy claim, what the obligations of the insurer are in paying claims when the debtor dies, and how the judge’s considerations and decision addressed the rejection of the claim. The research method used in this study is normative juridical, with a descriptive nature, employing a statutory approach and a case study of court decisions. The study utilizes secondary data, including primary and secondary legal materials. Data collection was conducted through literature review, and conclusions were drawn using deductive reasoning. The research findings demonstrate that the regulation of insurance companies’ liability for the payment of life insurance claims on debtors, serving as collateral for bank credit repayment, is grounded in Article 246 of the Commercial Code (KUHD) concerning risk transfer agreements with premium payments, as well as Articles 1320 and 1338 of the Civil Code (KUHPerdata) regarding the validity requirements of agreements and the obligation to execute them in good faith. The liability of insurance companies in fulfilling insurance claim payments is based on Article 52 Paragraph (1) of Law Number 40 of 2014 on Insurance, which affirms the insurer’s obligation to fulfill the rights of policyholders. Claim denials without lawful grounds constitute unlawful acts pursuant to Article 1365 of the Civil Code. According to Court Decision Number 613/Pdt.G/2023/PN.Smg, the unilateral termination of insurance cooperation without notification to the debtor violates Articles 1338 Paragraphs (1) and (3) of the Civil Code. The judge ruled that the claim denial was contrary to legal grounds, thereby obligating the insurance company to pay off the debtor’s outstanding credit to the bank. Accordingly, this decision reinforces the principle of pacta sunt servanda (agreements must be fulfilled) and provides legal certainty for both debtors and heirs in credit life insurance legal relationships.