Wanprestasi Dalam Perjanjian Asuransi (Studi Putusan PN Jakarta Selatan Nomor 482/PDT.G/2020/PN JKT.SEL)

Abstract

Insurance agreements in their implementation often lead to legal problems, where the insurance party is often negligent in their responsibilities which results in default. This often becomes a problem that ends up in court and the judge acts as a mediator. This study aims to add insight to the readers, as well as provide a clear sequence and flow so that it makes it easier for the reader to understand. This study uses a normative juridical method and discusses cases related to acts of default, which resulted in the Defendant being declared defeated and having to be punished with a portion of the lawsuit filed by the Plaintiff. From this case it can be concluded that the agreement is a bond that must be carried out by both bound parties, and the responsibilities of both parties must be fulfilled and if not carried out, then there is a penalty that must be met by the originating party. The author believes that all considerations and judges' decisions are fair to restore the rights of both parties