| dc.description.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. | en_US |
