ARCHIVES
VOL. 12, ISSUE 1 (2026)
Legal responsibility of PT Axa Financial Indonesia towards the insured for rejection of payment of life insurance claims (Study of Decision Number 269/Pdt.G/2023/PN Jkt.Sel)
Authors
Bunga Putri Nirwana Harahap, Edi Wahjuni, Rhama Wisnu Wardhana, Nuzulia Kumala Sari
Abstract
Insurance is often chosen by people to
transfer risks that may be incurred as a result of an event that may occur, so
many choose to insure their risks with an insurance company. However, as
insurance agreements come into effect, conflicts often arise between the
insured and the insurer, especially when claiming insurance. As in decision No.
269/Pdt.G/2023/PN JKT.SEL, the insurance company refused to pay the insurance
benefits to the policyholder on the grounds that the insured did not act in
good faith when filling out the SPAJ. The purpose of this study is to determine
and examine the suitability of the judge's considerations with the applicable
regulations and to determine the legal responsibility of insurance companies
for rejecting life insurance claims in decision 269/Pdt.G/2023/PN JKT.SEL. The
method used is normative research with two approaches, namely the legislative
and conceptual approaches. The results of the research on the research
questions, namely, first, the appropriateness of the judge's legal
considerations, namely the judge's considerations in the decision focused on
two things, first, the existence of a legal relationship between the plaintiff
and the defendant in accordance with Article 1320 of the Civil Code, namely the
existence of an agreement between the parties is a requirement for a valid
agreement and is supported by several pieces of evidence P-1, P-2 Jo Evidence
T-2 in the form of an SPAJ in the name of Yawasadodo Sihura dated February 25,
2021, issued by PT AXA Finansial Indonesia (AFI) and policy number: 570
-5148491 issued by PT AXA Finansial Indonesia, which is in accordance with
Article 255 of the Commercial Code, which states that an insurance agreement
must be made in writing with a deed called a policy containing the rights and
obligations of the insured and the insurer. Second, PT AXA Finansial
Indonesia's legal responsibility to the insured is to pay compensation for
damages resulting from default as stated in Article 1243 of the Civil Code,
which states that "Reimbursement of costs, losses and interest due to
non-fulfillment of an agreement shall be required, if the debtor, despite
having been declared in default, remains in default of the obligation, or if
something that must be given or done can only be given or done within a period
exceeding the period that has been determined.
Download
Pages:278-280
How to cite this article:
Bunga Putri Nirwana Harahap, Edi Wahjuni, Rhama Wisnu Wardhana, Nuzulia Kumala Sari "Legal responsibility of PT Axa Financial Indonesia towards the insured for rejection of payment of life insurance claims (Study of Decision Number 269/Pdt.G/2023/PN Jkt.Sel)". International Journal of Law, Vol 12, Issue 1, 2026, Pages 278-280
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.