NEGREI: Academic Journal of Law and Governance
Vol. 5 No. 2 (2025)

The Balance of Legal Liability in Marine Cargo Insurance Based on the Principle of Subrogation in Indonesia

nurfani, Anggun Nurfani (Unknown)
Sunaryo (Unknown)
Hamzah (Unknown)
Kasmawati (Unknown)



Article Info

Publish Date
05 Jan 2026

Abstract

This article examines the implementation of subrogation rights in marine cargo insurance contracts in Indonesia, with an emphasis on the balance of legal responsibilities in subrogation practices. Subrogation rights, which allow the insurer to assume the legal position of the insured after claim payment, often face issues of unequal legal protection, particularly in cases involving third parties. This study employs a normative juridical method, using a statutory approach and case study analysis of court decisions. Findings indicate a lack of clear regulations and mechanisms ensuring a balance in legal responsibilities related to subrogation rights. Therefore, a reconstruction of contractual norms and regulatory frameworks is needed to guarantee proportional legal protection for all parties involved. The state holds a crucial role that must be optimized through the formulation of legal norms and regulations to ensure subrogation rights are exercised proportionally

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Journal Info

Abbrev

negrei

Publisher

Subject

Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Negrei : Academic Journal of Law and Governance established since 2021 based on SK Rector of IAIN Curup Number : 0108/In.34/R/KP.07.6/01/2021 of 20 June 2021. The journal aims to provide for legal and politic scholars and practitioners to accept and give constructive criticism to enhance their ...