Al Amri, Haeder and Suparta, I Wayan and Sjofjan, Lindryani (2022) Analisis Yuridis Pelimpahan Hak (Letter Of Subrogation) Dari Asuransi PT. Asuransi AXA Indonesia Kepada Perusahaan Pelayaran PT. Surya Bintang Timur Atas Kecelakaan Laut. Skripsi thesis, Universitas Pakuan.
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Abstract
The application of the implementation of insurance subrogation to shipping companies for marine accidents through legal events, namely the stages of an agreement made by several parties involved in it. Loss insurance or transportation insurance has clauses in it, namely institute cargo clause A (ICC A), institute cargo clause B (ICC B), institute cargo clause C (ICC C), institute strike clause, institute war clause. The standard agreement between the insured and the sea transportation company and the insured to the insurer in insurance is carried out standardly or unilaterally. According to Charles Mitchell with a book entitled The Law of Subrogation, simple subrogation is a payment made by the insurer for an accident in accordance with the principle of compensation or indemnity. The responsibility of the insurer in article 1 number 1 letter a of Law No. 40 of 2014 concerning insurance is to provide compensation to the insured or policy holder due to loss, damage to the policy holder due to the occurrence of an uncertain event. It can be seen that the liability of the insurance company, especially the responsibility of third parties, is not to the insured party but to the insurer based on the provisions of Article 1365 of the Civil Code. The responsibility of the sea transportation company in article 40 paragraph 1 is the responsibility of the carrier, namely for the safety of the passengers and the goods being lifted, in article 41 paragraph 1 letter b it is explained that this responsibility is in the form of destruction, loss or damage to the goods being transported, in addition to the number 2 it is stated that if the carrier can prove that the carrier did not make a mistake, then his guilt can be acquitted, in accordance with the principle of responsibility, namely based on presumption. Another violation is the exoneration clause that the agreement in this case violates Article 18 paragraph (1) of Law Number 8 of 1999 concerning consumer protection.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Subjects: | Fakultas Hukum > Umum > Kecelakaan Fakultas Hukum > Umum > Laut Fakultas Hukum > Hukum > Pelimpahan Hak |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | PERPUSTAKAAN FAKULTAS HUKUM UNPAK |
| Date Deposited: | 15 Oct 2022 03:01 |
| Last Modified: | 15 Oct 2022 03:01 |
| URI: | http://eprints.unpak.ac.id/id/eprint/4729 |
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