Pelindungan Hukum Bagi Pemegang Polis Asuransi Marine Hull and Machinery terhadap Perbuatan Wanprestasi Perusahaan Asuransi (Studi Putusan Nomor 951/Pdt.G/2023/PN.Jkt Brt)

Abstract

An insurance agreement is an agreement that creates a legal relationship between the insurer and the insured, whereby the insurer accepts the transfer of risk from the insured as a form of guarantee against potential losses. This form of risk transfer has developed into various types of coverage that are tailored to the characteristics of each insurance object, one of which is marine hull and machinery insurance, which provides protection against natural hazards at sea or other guaranteed factors. However, in practice, problems often arise in the form of unilateral rejection of insurance claims by insurance companies, which is detrimental to policyholders. One such problem occurred in Decision No. 951/Pdt.G/2023/PN.Jkt.Brt, where the insurance company rejected the insurance claim of the policyholder, which should have been covered by the insurance company. This study aims to determine: the factors causing default that harm marine hull and machinery insurance policyholders; the legal consequences of default by insurance companies that harm marine hull and machinery insurance policyholders; the legal considerations of the panel of judges regarding legal protection for marine hull and machinery insurance policyholders based on Decision No. 951/Pdt.G/2023/PN.Jkt.Brt. The research method employed is normative juridical, using statutory and case approaches through literature study, referring to primary, secondary, and tertiary legal materials. The data collection technique used in this research is library research, with data processed and analyzed qualitatively drawing deductive conclusions. The results of the study show that the factors causing the rejection of marine hull and machinery insurance claims are due to several factors, such as the cause of damage not being covered by the policy, the claim submitted being one of the policy exclusions, the insured providing inaccurate information, and the ship being unseaworthy. The legal consequence of default by the insurance company is that the insured has the right to claim compensation for the insurer's failure to fulfill its obligations. Decision Number 951/Pdt.G/2023/PN.Jkt.Brt confirms that the rejection of claims by the insurer without a valid agreement constitutes a breach of contractual obligations, so that policyholders are entitled to legal protection based on the principle that every insurance agreement must be executed in good faith.