Adanya putusan pailit terhadap perusahaan asuransi ini, dapat menyebabkan dampak atau akibat hukum terhadap pemegang polis asuransi, sebagai pihak yang telah mengalihkan risiko dan melakukan pembayaran premi kepada perusahaan asuransi. Dalam kepailitan ini, pemegang polis sebagai tertanggung berkedudukan sebagai kreditor konkuren sedangkan perusahaan asuransi sebagai penanggung berkedudukan sebagai debitur. Meskipun debitur dinyatakan pailit olehpengadilan niaga, para kreditur tetap akan dilindungi oleh hukum yaitu dengan memperoleh pembagian dari hasil penjualan barang atau harta kekayaan (aset) yang dimiliki debitur pailit sesuai dengan besar kecilnya utang masing-masing kreditur.
Dengan demikian pada saat pernyataan putusan pailit terjadi, terdapat perjanjian timbal balik yang belum pasti atau baru sebagian saja dipenuhi, pihak yang mengadakan perjanjian dengan debitur dapat meminta kepada kurator untuk memberikan kepastian tentang kelanjutan pelaksanaan perjanjian tersebut dalam jangka waktu yang telah disepakati oleh kurator dari setiap pihak tersebut. Hal ini sesuai dengan ketentuan Undang-Undang No. 37 Tahun 2004 Pasal 36 ayat (3) menyatakan bahwa, apabila dalam jangka waktu tersebut kurator tidak memberikan jawaban atau tidak bersedia melanjutkan pelaksanaan perjanjian tersebut maka perjanjian berakhir dan pihak dalam perjanjian tersebut dapat menuntut ganti rugi dan akan diperlakukan sebagai kreditor konkuren.
Dari pernyataan diatas, maka dapat disimpulkan bahwa para kreditur dalam hal pemegang polis asuransi tetap dilindungi oleh hukum apabila perusahaan asuransi atau debitur tersebut mengalami kepailitan, sebab jika perjanjian tersebut tidak dilanjutkan maka perjanjian itu diangap berakhir dan para kreditur dapat mengajukan gugatan pada kurator.
Ditulis Oleh : Gloria Stefani Lumban Tobing (Mahasiswa Fakultas Hukum Universitas Palangka Raya)***
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