PERLINDUNGAN HUKUM TERHADAP PEMEGANG POLIS ASURANSI ATAS WANPRESTASI PERUSAHAAN ASURANSI DIKAITKAN DENGAN PERLINDUNGAN KONSUMEN

An insurance agreement can be carried out properly if between the parties, both the insured and the insurer can fulfill their achievements in accordance with the agreement without any party losing. However, sometimes the agreement is not carried out properly in its implementation because of the emergence of a default by one of the parties. The purpose of this thesis is to examine how to resolve disputes against insurance companies that are in default based on court decisions, then how to analyze the court decisions regarding default cases carried out by insurance companies, and examine aspects of legal protection for insurance policy holders for default actions by companies insurance. The method used are the normative juridical research method, using a statutory, conceptual, and case approach. The results showed that the three court decisions studied, namely District Court Decision Number 9/Pdt.G/2020/PN Mme, District Court Decision Number 482/Pdt.G/2020/PN JKT.SEL, and District Court Decision Number 91/Pdt.G/2021/PN Bjm. Refer to the three decisions itself, the Plaintiff's main claim has been granted, but there is only one decision that grants the additional claim from the Plaintiff, namely District Court Decision Number 482/Pdt.G/2020/PN JKT.SEL. Thus, in the perspective of legal protection, policyholders have not been said to have received optimal legal protection. If that point to the Article 1246 of the Civil Code, Articles 4 and 7 of the Consumer Protection Law, it has regulated the rights of policyholders to obtain compensation, both material and immaterial. Furthermore, based on the theory of preventive and repressive legal protection from Philipus M. Hadjon, that policyholders have obtained preventive legal protection as evidenced by the draft-policies of insurance agreements as stipulated in the laws and regulations and also recognized by the Panel of Judges. However, the preventive legal protection is not optima yet, because the immaterial losses of policyholders are not considered comprehensively by the Panel of Judges in court