Perlindungan Hukum Bagi Ahli Waris yang Tidak Tercantum sebagai Penerima Manfaat dalam Asuransi Jiwa

The research objective was to find a form of legal protection that was given to heirs who were not listed as beneficiaries of insurance funds on a life insurance policy. The study used the normative juridical method by using the statute approach and the conceptual approach, the technique of gathering legal material through literature study, and the analysis technique was carried out prescriptive. The results of the study showed that heirs were the most interested parties as beneficiaries of life insurance funds. The heirs who were not listed as beneficiaries in the life insurance policy received legal protection in the form of external and internal legal protection. External legal protection was provided by legislation, while internal legal protection was provided by a life insurance policy that had been mutually agreed upon and under the principles of life insurance.

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Legal protection for debtors in determining the application requirements for suspension of debt payment obligations

International Journal of Research in Business and Social Science (2147-4478) ◽

10.20525/ijrbs.v10i6.1301 ◽

2021 ◽

Vol 10 (6) ◽

pp. 394-402

Author(s):

Zeto Bachri ◽

Suhariningsih Suhariningsih ◽

Sukarmi Sukarmi ◽

Iwan Permadi

Keyword(s):

Legal Protection ◽

Comparative Approach ◽

Bankruptcy Law ◽

Legal Interpretation ◽

Conceptual Approach ◽

Business World ◽

Analysis Technique ◽

Materials Used ◽

Application Requirements ◽

Debt Payment

The establishment of the Bankruptcy Law aims to overcome the difficulties of the business world in terms of debt and receivables in continuing their activities. However, in practice the PKPU and Bankruptcy institutions are used as a means of resolving ordinary civil disputes, this is due to Article 225 paragraph (3) and (5) in conjunction with Article 222 paragraph (1) and (2). The purpose of this study is to analyze the ratio legis for debtors in relation to the ratio legis Article 225 paragraph (3) and paragraph (5) associated with the purpose of establishing Bankruptcy and Suspension Of Debt Payment Obligations (UUK-PKPU). This research is normative legal research with a statute approach, the case approach, historical approach, comparative approach, and the conceptual approach. The legal materials used are primary, secondary, and tertiary. The analysis technique uses legal logic, legal interpretation teleologically, hermeneutics, grammatically, and systematically. The results of the study indicate that the ratio legis regarding PKPU as regulated in Article 225 paragraph (3) and paragraph (5) has a vague norm when it comes to the purpose of establishing UUK-PKPU, that PKPU is a means for debtors so that debtors can restructure their debts. So that no rights are given to debtors who are not present at the PKPU session resulting in no legal protection for the debtor to defend himself by conveying the reasons for the debtor's absence.

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PERLINDUNGAN HUKUM TERHADAP AHLI WARIS ATAS UANG PERTANGGUNGAN ASURANSI JIWA (Studi Kasus Putusan Pengadilan Negeri Lubuk Pakam Nomor : 10/Pdt.G/2015/PN Lbp)

Jurnal Darma Agung ◽

10.46930/ojsuda.v29i1.945 ◽

2021 ◽

Vol 29 (2) ◽

pp. 44

Author(s):

Alusianto Hamonangan ◽

Ria Sintha Devi ◽

Melky Saro Bulyan Zebua

Keyword(s):

Life Insurance ◽

Insurance Coverage ◽

Legal Protection ◽

Court Decision ◽

District Court ◽

Legal Certainty ◽

Insurance Policy ◽

The Status ◽

Insured Person ◽

The Right

Life insurance is an insurance, whereby an insurer binds himself to an insured person, by receiving a premium, to provide reimbursement due to a death event. Study and analyze the heirs whose names do not recommend as beneficiaries in a life insurance policy to which the heirs have responded as heirs. Indication of wishes to the insured party's wishes submitted in the SPAJ and agreed upon in an agreement document called an Insurance Policy. In this study raised the title Legal Protection Against Inheritance Who Is Not Designated in Life Insurance Policy (Study District Court Decision Number: 10 / Pdt.G / 2015 / PN Lbp). The formulation of the problem in this research, first how are the beneficiaries in life insurance after the insured dies (District Court Decision Number: 10 / Pdt.G / 2015 / PN Lbp)? Second, how are the legal efforts of the heirs appointed to get the right to money? life insurance coverage as inheritance (District Court Decision Number: 10 / Pdt.G / 2015 / PN Lbp)?, three, how is the legal protection in the decision that decides the inheritance rights to life insurance coverage money (District Court Decision Number: 10 / Pdt.G / 2015 / PN Lbp)?. This type of research is a normative legal approach method, the nature of this research is descriptive in accordance with the problem and research objectives.The results of the study investigated the consideration that the judge's consideration in making the decision number: 10 / Pdt.G / 2015.PN Lbp, based on several considerations, the judge examined arguments, letters, certificates and decided that the sum insured was an inheritance that the panel of judges ordered and passed guided by arguments, evidence and evidence submitted in the trial. The judge's decision obtains a stipulation regarding the legal heir for the party who wins the case, obtains legal certainty regarding the status of inheritance ownership in the form of compensation from life insurance. As a recipient of life insurance funds, they have an administration because the heirs are actually the heirs regulated in the Civil Code and determined by a judge's decision. The judge's decision obtains a stipulation regarding the legal heir for the winning party in the case, obtains legal certainty regarding the status of inheritance ownership in the form of compensation from life insurance to the legal heir.

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Legal Protection of Labor in Employment for Termination of Employment Due to the Acquisition of the Company

Substantive Justice International Journal of Law ◽

10.33096/sjijl.v3i1.51 ◽

2020 ◽

Vol 3 (1) ◽

pp. 36

Author(s):

I Putu Rasmadi Arsha Putra ◽

I Ketut Tjukup ◽

Dewa Gede Pradya Yustiawan

Keyword(s):

Industrial Relations ◽

Legal Protection ◽

Field Research ◽

Literature Study ◽

Conceptual Approach ◽

Legal Rules ◽

Positive Law ◽

The Subject ◽

The Stability ◽

Sense Of Justice

The emergence of competition makes companies do various things to maintain their existence and the stability of companies in the world of economy. One of the ways the company survives in the agreement is to make an acquisition. In addition to generating profits for the company that acquires the acquiring company, acquiring can also balance employment including termination of employment that is detrimental to workers. The subject matter of this research is protection for workers carried out with the approval and how to solve the problems requested by companies that carry out procurement actions. This research is normative legal research, which is assisted by field research with interview techniques. The agreement used was approval on the invitation (statute approach), conceptual agreement (conceptual approach) and case approach (case approach). Data is collected by literature study, by reading references that are used such as invitation rules, books, journals, which are related to the debate raised, then analyzed by description analysis techniques. Regarding the results obtained in Indonesia's positive law legal protection for workers resulting from acquisitions by companies still relies on the Labor Act, there is no sense of justice for workers when there are terminations due to the acquisition. Termination of employment is resolved by legal action in the form of non-litigation and legal litigation under the Settlement of Industrial Relations Disputes Act. This research is important because the labor law is far from the concept of the Pancasila legal rule in which the Pancasila legal rules always uphold public welfare and social justice in the protection of workers, workers in Indonesia are still underestimated and do not have enough space to protect.

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PERLINDUNGAN HUKUM TERHADAP KEPENTINGAN BANK SEBAGAI PERUSAHAAN TARGET AKUISISI

Jurnal Privat Law ◽

10.20961/privat.v5i1.19338 ◽

2017 ◽

Vol 5 (1) ◽

pp. 16

Author(s):

Indrianita Melissa Purnamasari ◽

Pujiyono ,

Keyword(s):

Government Regulation ◽

Legal Protection ◽

Source Material ◽

Conceptual Approach ◽

Controlling Shareholder ◽

Analysis Technique ◽

Target Company ◽

Article 5

AbstractThis article aims to know what legal protection for banks as the target company in the acquisition, as mandated by article 5 of Government Regulation No.28 of 1999 on Merger, Consolidation and Acquisition bank. This research uses the legislation and conceptual approach. Source material law use either be primary and secondary legal materials. Mechanical collection of legal materials were used that the study of literature. The analysis technique use is the syllogism and interpretation using deductive thinking patterns. Based on the result of this research, that there is some protection to the bank`s target of both preventive and repressive set out in the legislation. Legal protection stipulated in the legislation itself is nothing explicitly regulated there is also a set implicitly that acquisition must obtain permission from the head of the Otoritas Jasa Keuangan (OJK) in advance, then the criteria that should be met by the new controlling shareholder in order to acquire bank will be tested and assessed by the OJK, and the arrangements regarding the requirement to hold sufficient capital to shareholders of the controlling shareholder in the bank.Keywords: Legal Protection, Bank Acquisition, Target CompanyAbstrakArtikel hukum ini bertujuan untuk megetahui perlindungan hukum seperti apa bagi bank sebagai perusahaan target dalam akuisisi, sebagaimana yang diamanatkan oleh Pasal 5 Peraturan Pemerintah Nomor 28 Tahun 1999 tentang Merger, Akuisisi dan Konsolidasi Bank. Penelitian hukum ini merupakan penelitian hukum normatif atau dokterinal, dan bersifat preskriptif. Penelitian ini menggunakan pendekatan perundang-undangan, dan pendekatan konseptual. Sumber bahan hukum yang digunakan berup bahan hukum primer dan sekunder. Teknik pengumpulan bahan hukum yang digunakan yaitu studi kepustakaan. Teknik analisis yang digunakan adalah silogisme dan interpretasi dengan menggunakan pola berfikir deduktif. Berdasarkan hasil penelitian dan pembahasan ini dihasilkan simpulan bahwa ada beberapa perlindungan kepada bank target baik itu prefentif dan juga represif yang diatur dalam peraturan perundang-undangan. Perlindungan hukum yang diatur dalam peraturan perundang-undangan itu sendiri ada yang diatur secara eksplisit ada juga yang diatur secara implisit yakni akuisisi yang wajib memperoleh izin dari pimpinan Otoritas Jasa Keuangan (OJK) terlebih dahulu, kemudian adanya kriteria yang perlu dipenuhi oleh pemegang saham pengendali baru untuk dapat mengakuisisi bank yang nantinya akan di uji dan dinilai oleh OJK, dan pengaturan mengenai kewajiban memiliki modal yang cukup untuk pemegang saham menjadi pemegang saham pengendali pada bank.Kata Kunci: Perlindungan Hukum, Akuisisi Bank, Perusahaan Target

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Status Perkawinan Gereja Yang Tidak Dicatatkan Di Kantor Catatan Sipil

Jurnal Ilmiah Raad Kertha ◽

10.47532/jirk.v3i2.221 ◽

2020 ◽

Vol 3 (2) ◽

pp. 80-99

Author(s):

Benny Haryono

Keyword(s):

Social Interaction ◽

Marital Status ◽

Legal Protection ◽

Social Aspects ◽

Conceptual Approach ◽

Legal Norms ◽

Family Household ◽

Analysis Technique ◽

The Impact ◽

Research Type

Marriage is an inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Godhead of the Almighty. However, if marriage is not recorded, it can affect the couple's access to legal activities or moral and social aspects, such as allegedly committing adultery or so on, this has sociological consequences in the community, so that marital registration plays a role in the engineering of social interaction in society. This research uses normative juridical research type. This study uses a statutory approach and a conceptual approach. The legal material analysis technique used is normative analysis, a way of interpreting and discussing the results of research based on the notion of law, legal norms, legal theories and doctrines relating to marital status that are not recorded in the civil registry office. The result of this research is a marriage that is not registered at the Civil Registry Office, so the marriage is still considered valid. However, there are juridical consequences related to the marriage. And the impact on the church's marital status that is not recorded is that they cannot do legal actions and have no legal protection

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Evaluasi Pelaksanaan Kebijakan Santunan Kematian berdasarkan PERWAKO Padang Nomor 12 Tahun 2015

JESS (Journal of Education on Social Science) ◽

10.24036/jess/vol3-iss2/165 ◽

2019 ◽

Vol 3 (2) ◽

pp. 156

Author(s):

Rezi Pebratama ◽

M Fachri Adnan ◽

Adil Mubarak

Keyword(s):

Health Insurance ◽

Life Insurance ◽

Goal Achievement ◽

Poor People ◽

Insurance Policy ◽

Regional Health ◽

Equal Distribution ◽

Implementation Effort ◽

Community Health Insurance ◽

Insurance Funds

This study aimed to evaluate the implementation of the life insurance policy in Padang City. This study is based on a number of problems, namely that there were still many poor people in Padang City did not know the implementation of the Life Insurance Policy. There were still many poor people in Padang City did not have a Community Health Insurance Card or Regional Health Insurance as one of the conditions for obtaining the life insurance funds. This study was a descriptive with qualitative approach. The informants in this study were determined through purposive technique. Data were collected through observation, interview and documention studies. The results of this study indicated that the implementation of the life insurance policy has not been effective, based onpolicy evaluation indicators used by William Dunn, that is the maximization in goal achievement, efficiency in implementation effort, community satisfaction for government policy, equal distribution. The life insurancefunds has been distributed evenly, the community supported the life insurance policy, and the life insurance policy is right to be implemented among community in Padang City.

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Perlindungan Hukum atas Kerugian Nasabah Asuransi Terhadap Kasus Gagal Bayar Ditinjau dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen

Kosmik Hukum ◽

10.30595/kosmikhukum.v21i2.9995 ◽

2021 ◽

Vol 21 (2) ◽

pp. 66

Author(s):

Wafa Nurul Inayah ◽

Marsitiningsih Marsitiningsih

Keyword(s):

Consumer Protection ◽

Legal Protection ◽

Secondary Data ◽

Insurance Companies ◽

Insurance Company ◽

Insurance Policy ◽

Literature Study ◽

Consumer Law ◽

The Right

Legal protection for insurance policyholders is essential because it is associated with standard agreements in insurance agreements. In essence, since the signing of the insurance policy, the insured has received less legal protection because the content or format of the agreement is more beneficial to the insurance company. The unequal position between insurance policyholders and insurance companies and the application of standard agreements causes the function of legal protection for insurance policyholders to be questioned. This study discusses how the legal protection for insurance customer losses against default cases in terms of Law Number 8 of 1999 concerning Consumer Protection and the obstacles in legal protection for insurance customer losses against default cases in Law Number 8 of 1999 About Consumer Protection. The method used in this research is the normative juridical method carried out through a literature study that examines secondary data. Insurance customers, in this case, are consumers who use insurance services which, in carrying out their activities, have the right to obtain legal protection from anything that will harm the consumer. Law Number 8 of 1999 concerning Consumer Protection has clearly stated the legal protection provided for consumers using services or insurance customers, namely by making every effort to achieve legal protection for customers.Keywords: Legal Protection, Insurance, Default

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The Legal Protection for Female Workers in the Perspective of Islamic Law and Law No. 11 Year 2020 on Job Creation

Randwick International of Social Science Journal ◽

10.47175/rissj.v2i4.333 ◽

2021 ◽

Vol 2 (4) ◽

pp. 524-534

Author(s):

Ismail Koto ◽

Ida Hanifah

Keyword(s):

House Of Representatives ◽

Islamic Law ◽

Job Creation ◽

Legal Protection ◽

Literature Study ◽

Conceptual Approach ◽

Female Workers ◽

The Republic ◽

The Government ◽

Special Rights

On Monday, 5 October 2020, the Draft Law on Job Creation was ratified by the House of Representatives of the Republic of Indonesia and the manuscript was signed by the government on November 3, 2020. Therefore, since November 3, 2020, the Draft Law on Job Creation promulgated in Law Number 11 Year 2020 on Job Creation. Based on the existing official text, the researcher intended to compare the rights of female workers as regulated in Law Number 13 of 2003 on Manpower with Law Number 11 of 2020 on Job Creation. The research method used in this study was a normative juridical research, with a statutory and conceptual approach, descriptive analytical research specifications, data collection by literature study, and qualitative data analysis. The protection of female workers as referred to in the previous labor law was still valid and was not discussed at all in Law Number 11 of 2020 on Job Creation. Therefore, it could be ascertained that the refusal of workers during the process of the Draft Law on Job Creation is wrong. The article which was amended related to the protection of female workers did not change the substance of the protection of female workers as previously regulated through Law Number 13 Year 2003 on Manpower. The Qur'an has been explained that people need to provide special rights for female workers. Explicitly, there is no verses in the Qur'an that mentioned the word 'special rights for female workers'. However, implicitly, there were general arguments based on the verses in the Qur'an that could be used as a basis for granting this right. Some of the special rights of female workers were implicitly communicated in Islamic teachings.

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Tanggung Jawab PDAM Kabupaten Gianyar dalam Hal Tidak Mengalirnya Air Secara Sepihak Kepada Konsumen dalam Perspektif Undang-Undang Nomor 8 T Ahun 1999

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.2.3431.302-307 ◽

2021 ◽

Vol 2 (2) ◽

pp. 302-307

Author(s):

Komang Adika Bayu Mahendra ◽

Anak Agung Sagung Laksmi Dewi ◽

Ni Made Puspasutari Ujianti

Keyword(s):

At Risk ◽

Consumer Protection ◽

Legal Protection ◽

Flowing Water ◽

Literature Study ◽

Conceptual Approach ◽

Joint Decision ◽

Legal Remedies ◽

Qualitative Descriptive ◽

Descriptive Method

Water is the most important thing in household and industry. The problem that often occurs in the community regarding water is the non-flow of water, the negligence of PDAM officers, where the consumer is the most at risk of experiencing losses. This study aims to examine the sanctions imposed on PDAM Gianyar Regency for consumer losses for the act of not draining water unilaterally and analyzing legal protection for consumers due to losses for not flowing water unilaterally. The method used is the research is normative law with legislation and conceptual approach. Sources of data are primary legal materials and secondary legal materials, this data was obtained through interviews and literature study. Furthermore, the data is processed and analyzed using a qualitative descriptive method. The results of the study indicate that consumer protection is regulated in Law number 8 of 1999. The responsibility of the PDAM if they receive complaints from consumers, namely the PDAM technician directly goes to the consumer's area to check the cause and point of the problem so that water in the area or consumer's house does not flow. So that the PDAM can quickly deal with it. Legal remedies taken by business actors or PDAMs if there is a dispute, the PDAM prioritizes non-litigation by means of negotiation and mediation by deliberation so as to obtain a joint decision.

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Legal Aid Institutions as a State Solution for the Poor in Getting Legal Protection

Indonesian Journal of Advocacy and Legal Services ◽

10.15294/ijals.v2i2.38147 ◽

2020 ◽

Vol 2 (2) ◽

Author(s):

Auliya Rochman

Keyword(s):

Human Rights ◽

Research Methods ◽

Legal Protection ◽

Legal Aid ◽

Literature Study ◽

Conceptual Approach ◽

The Poor ◽

State Administration ◽

The Rich ◽

The Government

This study examines how the rules of the Legal Aid Institute in providing legal protection to the poor in Indonesia. As well as how the implementation of legal aid institutions in Indonesia in providing legal protection to the poor to examine the problem, the research methods used are; normative legal research methods with the statute approach, and the conceptual approach. The legal material collection technique used in this research is literature study. Research results confirm that poverty is one of the biggest problems in upholding human rights in obtaining legal assistance. The human rights approach is one of the basic principles of the government in serving people who are unable to overcome or provide legal protection in facing legal problems that are being faced either criminal, civil or state administration, so that the rights of the poor are not lost. Implementation of Providing Legal Aid is a law of social justice, where these values include respecting the dignity and rights of individuals before the law, addressing the imbalance of power and legal injustice between the rich and the poor

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