Legal Protection For Policyholders Against Unlawful Acts In The Rejection Of Life Insurance Claims By Insurance Companies (A Study of Decision Number 149/PDT.G/2024/PN Mdn)

Abstract

The rapid development of the insurance industry in Indonesia, with various types of insurance such as life, general, and social insurance, demonstrates the important role of insurance in mitigating life and business risks. However, public awareness of insurance is often accompanied by concerns about claim rejections by insurance companies, which can be detrimental to policyholders. The case of death claim rejection by PT. Asuransi Jiwa Generali Indonesia against Luster Manurung (Decision Number 149/Pdt.G/2024/PN. Mdn), on the grounds of financial data inconsistency and BLT recipient status, highlights the urgency of this study to examine unlawful acts by insurance companies and the legal protection that policyholders should receive. This study aims to analyze the legal provisions regarding legal protection for life insurance policyholders, understand the forms of unlawful acts committed by insurance companies against policyholders in life insurance, and analyze the legal considerations of the panel of judges in Decision Number 149/Pdt.G.2024/PN. Mdn regarding the rejection of life insurance claims as unlawful acts.. This study uses a normative juridical method with primary and secondary data through library research. This study analyzes the legal provisions in related cases and other reference materials relevant to the objectivity of the study. The results of the study of Medan District Court Decision Number 149/Pdt.G/2024/PN.Mdn show that the action of PT. Asuransi Jiwa Generali Indonesia in unilaterally rejecting life insurance claims is considered an unlawful act because it violates the principles of good faith, legal obligations, and consumer protection. The panel of judges based its considerations on Articles 1365 and 1338 of the Civil Code, POJK No. 23/POJK.05/2015 and Law Number 40 of 2014 concerning Insurance. Based on these legal grounds, the judge ruled that the insurance agreement remained valid and binding, and ordered the insurance company to pay the sum assured to the policyholder. This ruling emphasizes the importance of applying the principles of justice and legal protection for policyholders against arbitrary actions by insurance companies in rejecting claims without a valid basis.128 PagesSkripsi Sarjan