Hubungan Antara Wanprestasi dengan Klaim Asuransi Kehilangan Kendaraan Bermotor Objek Pembiayaan Bermotor (Analisis Pututsann Pengadilan Negeri Medan NOMOR : 666/PDT.G/2013?PN.MDN)

Abstract

Insurance shall be stipulated in Chapter IX Articles 246 up to Article 308 of the Trade Code and Law no. 40 Year 2014 About Insurance. In insurance practice of motor vehicle is basically the risk insured is risk caused by circumstance outside of calculation of policy holder. This research will raise the issue of insurance wanprestation against car loss risk reduction, as in the Medan District Court Ruling. 666 / Pdt.G / 2013 / PN.Mdn .. Problems raised in this research is how the legal relationship of the parties in the motor vehicle insurance agreement, how the effect of the insurance wanprestasi law against the risk of car vehicle loss and how the legal analysis of the decision of the Medan District Court Number: 666 / Pdt.G / 2013 / PN .Mdn? To discuss the problem, the research is conducted in the library and field research at the Medan District Court. The results of research and analysis explain the legal relationship of the parties in the motor vehicle insurance agreement, it is known is the legal relationship that occurs because of the sale and purchase agreement in installments on a four-wheeled motor vehicle. As a result of the insurance wanprestation law against the risks of losing the car vehicle, the insurer shall be jointly liable to pay damages of 180,935,454, - (one hundred and eighty million nil hundred and thirty five thousand four hundred fifty four) at once and simultaneously to Plaintiff. In addition to paying the losses of the insured, the insurer must also pay a case fee of Rp. 1.291.000, - (one million two hundred ninety one thousand rupiah). Legal analysis of the decision of Medan District Court Number: 666 / Pdt.G / 2013 / PN.Mdn then the verdict handed down by the panel of judges in the decision of Medan District Court. 666 / Pdt.G / 2013 / PN. Mdn is correct by granting partial plaintiff's claim. And with the granting of the plaintiff's claim in part means that the judge places the Plaintiff's rights in place and punishes the defendant to pay the damages resulting from the wanprestation