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| Jenis | : |
KKM
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| Judul | : |
UTMOST GOOD FAITH PRINCIPLES IN DISPUTES OF DEFECT OF VESSEL INSURANCE CLAIMS (Study Decision Number 176/Pdt.G/2023/PN Pbr)
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| Subjek | : |
Insurance
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| Pengarang | : |
Altezza Cahaya Nirwana
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| Pembimbing | : |
Handityo Basworo,
Lintang Ario Pambudi
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| Prodi | : |
ILMU HUKUM KELAS INTERNASIONAL
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| Tahun | : |
2024
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| Call Number | : |
346.086 NIR u
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Disputes that often occur in insurance agreements are insurance claim payment
issues, the presence of the principle of good faith in insurance arises from the need
to overcome information asymmetry, namely a phenomenon of lack of
information transformation between the insured and the insurer, this principle is
very vulnerable to abuse by one of the parties. This research aims to analyze the
breach of the insurance claim contract and the application of the principle of good
faith in the default dispute of ship insurance claims in Pekanbaru Court Decision
Number 176/Pdt.G/2023/PN Pbr. The research method used in this research is
normative juridical with a statutory approach, conceptual approach, and case
approach, and with prescriptive research specifications. This research utilizes
secondary data obtained through library data collection and presented in narrative
form which is then analyzed normatively qualitatively. The results showed that the
refusal to pay claims made by the insurer is an act of default because it does not
perform the performance to pay claims in the amount agreed upon in the policy.
Meanwhile, in the application of the principle of good faith, the insurer did not act
in good faith by covering up the defects in the requirements for closing the policy
and rejecting insurance claims when the policy was closed. Insurers and insureds
should pay more attention to their rights and obligations regarding giving and
receiving honest, clear and complete information, this is in line with the principle
of perfect good faith.
Keywords: Utmost Good Faith; Defect of Insurance Claims; Insurance Claims;
Vessel Insurance.
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