PEMBATALAN SEPIHAK POLIS ASURANSI OLEH PERUSAHAAN ASURANSI (STUDI PUTUSAN NO: 930 K/ PDT/ 2019)

Muhamad Makhsun, NIM.: 19103040015 (2025) PEMBATALAN SEPIHAK POLIS ASURANSI OLEH PERUSAHAAN ASURANSI (STUDI PUTUSAN NO: 930 K/ PDT/ 2019). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Insurance policy is a written agreement between the insurer (insurance company) and the insured (policyholder), serving as valid evidence of an insurance contract. Mrs. Efi Yusliana, as the insured and policyholder who had fulfilled her obligations, experienced a unilateral cancellation of her insurance policy by PT. Asuransi Jiwa Manulife Indonesia as the insurer. This action resulted in the violation of Mrs. Efi Yusliana’s rights as the insured party. This research is a library-based study (library research) with a descriptive-analytical approach, which explains the importance of legal clarity regarding the unilateral cancellation of insurance policies. The primary data source used in this study is an analysis of the Supreme Court Decision No. 930 K/PDT/2019. In addition, supporting legal references include the 1945 Constitution of the Republic of Indonesia, Law No. 8 of 1999 on Consumer Protection, the Indonesian Civil Code (KUHPerdata), and other relevant legal instruments used as the analytical foundation for this research. The results of the study indicate that: First, the unilateral cancellation of the insurance policy in Supreme Court Decision No. 930 K/Pdt/2019 does not fulfill the elements of a tort (unlawful act), as the legal relationship between the parties is contractual in nature. Therefore, the dispute is more appropriately categorized as a breach of contract (wanprestasi). The panel of judges found that the insurer failed to fulfill its contractual obligations and thus ruled that the defendant must pay all medical and treatment expenses incurred by the insured. Second, from the perspective of the principle of justice, the decision is considered to have provided fairness to the insured party by restoring the rights that should have been granted under the terms of the insurance policy. Third, this study finds that legal protection for policyholders has been established through various legal instruments, including the Indonesian Civil Code (KUHPerdata), the Commercial Code (KUHD), Law No. 8 of 1999 on Consumer Protection, and Law No. 40 of 2014 on Insurance, further reinforced by regulations issued by the Financial Services Authority (OJK). Therefore, it is essential to enhance compliance and transparency within insurance companies to ensure that the rights of the insured are optimally protected.

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