IMPLEMENTASI PRINSIP SUBROGASI DALAM ASURANSI KERUGIAN KEPADA PIHAK KETIGA DI PT ASURANSI RAMAYANA Tbk JAKARTA

Sembiring, Ruth Maria Br (2009) IMPLEMENTASI PRINSIP SUBROGASI DALAM ASURANSI KERUGIAN KEPADA PIHAK KETIGA DI PT ASURANSI RAMAYANA Tbk JAKARTA. S1 thesis, UAJY.

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Abstract

Insurance law recognizes some principles; one of them is subrogation principle. The explanation of the principle is seen in the article of 284 Wetboek Van Koophandel (WvK), in which, through the principle, a guarantor can replace the position of an endured person. Subrogation can only be done by the insurance company as a guarantor under condition if the third party has their own obligation to give a claim loss to the endured party. Therefore, this research is done to explain how far the scope of the subrogation principle if there is an evenement to the third party, which particularly happened in the Asuransi Ramayana Company in Jakarta. The research method used in this field is the empirical law research. It is a law research that focuses on the society behavior (law in action) which is done directly to the informants that is used as the primary data. In the implementation process of this subrogation principle, the right of claim will move to the guarantor when the claim losss have already approved by the endured party and then the guarantor will execute the right of subrogation by doing mediation or sending a lawsuit to the court. However, it can be seen later in this research whether the guarantor's taking steps will gain profit or loss. Therefore in these rights, the guarantor should explain the scope of subrogation principle if there is an evenement occurs in a certain condition and the endured party is also able to give a clear identity to the third party in order to gain a good condition in the implementation of subrogation principle.

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