Breach of Contract in Insurance Claim Disputes and Its Enforcement
- DOI
- 10.2991/978-2-38476-531-7_16How to use a DOI?
- Keywords
- Insurance Law; Breach of Contract; Legal Protection; Medan District Court; OJK
- Abstract
This research analyzes the effectiveness of legal enforcement mechanisms in addressing insurance claim disputes handled by the Medan District Court during the period 2022–2024, with a particular focus on issues of breach of contract (wanprestasi). The study adopts a descriptive approach integrated with a normative juridical framework, and bases its analysis on primary as well as secondary legal references, including academic literature, case law, and statutory provisions. The findings indicate an increasing number of lawsuits filed against insurance companies, primarily due to claim rejections, misinterpretations of policy terms, and lack of transparency in contractual agreements. The most frequent disputes involve general and life insurance sectors. Results also reveal that non-litigation mechanisms, such as mediation through the Financial Services Authority (OJK), are seldom utilized and lack binding enforcement power, whereas litigation processes remain costly and lengthy. To ensure fair and efficient dispute resolution, this study recommends strengthening legal regulations, enhancing public awareness through legal literacy programs, and expanding OJK’s authority. Furthermore, this research contributes to the theoretical development of insurance law and offers practical insights for improving policy implementation.
- Copyright
- © 2025 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Ricky Lexmana AU - Kartina Pakpahan AU - Elvira Fitriyani Pakpahan AU - Emir Syarif Fatahillah Pakpahan AU - Willy Tanjaya PY - 2026 DA - 2026/01/03 TI - Breach of Contract in Insurance Claim Disputes and Its Enforcement BT - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025) PB - Atlantis Press SP - 147 EP - 159 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-531-7_16 DO - 10.2991/978-2-38476-531-7_16 ID - Lexmana2026 ER -