scholarly journals ANALISA YURIDIS TERHADAP KESADARAN HUKUM BERASURANSI PEDAGANG DI LINGKUNGAN PASAR KOTA MEDAN

2017 ◽  
Vol 29 (2) ◽  
pp. 235
Author(s):  
M Mulhadi ◽  
Zulfi Chairi

ABSTRACTThis study has three main problems namely what the significance of legal awareness of insurance for traders, what factors are causing traders in Medan City interested in buying an insurance policy, what factors also led traders are not interested in insurance, and how the level of legal awareness of insurance (knowledge, understanding and legal culture) among traders in Medan City. The research method using empirical methods by preparing questionnaires (direct questionnaires and structured). Instruments questionnaire or questionnaire measured using 5-point Likert scale. Data were analyzed quantitatively ie the percentage descriptive analysis.The results showed that there are many factors driving the traders in Medan City Market location was interested or not interested in insurance. Factors or reasons traders are willing to make a risk insured losses experienced traders taken over (covered) by the insurance company, in order to feel safe from hazard, more secure future, so that the traders (insured) can live a quieter, so that health is more assured, as traders concerned shall afford to pay premiums, and that education of children is guaranteed. While the factors that cause traders are not interested in insurance among others because they do not have the money to pay the dues / premiums, premium rates are too expensive, traders do not believe in insurance companies, traders do not want to deal with insurance and insurance companies, feel safe without insurance, was able to overcome its own problems so there is no insurance, feel have much savings, trauma with insurance fraud and their full confidence in the destiny and God's help. The results also showed that the level of legal awareness (knowledge, understanding, and behavior / legal culture) insured the traders categorized as good / high. Unfortunately, on Loss Insurance , the desire of traders in Medan for insuring merchandise or property on Insurance Companies still relatively low. Against the 95 respondents who were subjected to the study, only 4 respondents (4.2%) who claimed to have fire insurance on the shop / store / kiosk. INTISARIPenelitian ini memiliki tiga permasalahan utama yaitu faktor-faktor apa yang menyebabkan para pedagang di Kota Medan tertarik untuk berasuransi, faktor-faktor apa pula yang menyebabkan para pedagang tidak tertarik berasuransi, dan bagaimana tingkat kesadaran hukum (pengetahuan, pemahaman dan budaya hukum) berasuransi di kalangan pedagang di Kota Medan. Metode penelitian menggunakan metode empiris dengan cara menyiapkan kuisioner/angket langsung dan berstruktur. Instrumen kuisioner/angket diukur dengan menggunakan skala likert 5 poin. Data kemudian dianalisis secara kuantitatif yakni dengan analisis deskriptif persentase. Hasil penelitian menunjukkan bahwa ada banyak faktor yang mendorong pedagang di lokasi Pasar Kota Medan merasa tertarik atau pun tidak tertarik untuk berasuransi. Faktor atau alasan para pedagang mau berasuransi adalah agar resiko kerugian yang dialami para pedagang diambil alih (ditanggung) oleh perusahaan asuransi, agar merasa aman dari bahaya, masa depan lebih terjamin, agar pedagang (tertanggung) bisa hidup lebih tenang, agar kesehatan lebih terjamin, karena pedagang yang besangkutan mampu membayar premi, dan agar pendidikan anak lebih terjamin. Sedangkan faktor yang menjadi penyebab para pedagang tidak tertarik berasuransi antara lain, karena tidak punya uang untuk membayar iuran/premi, harga premi yang terlalu mahal, pedagang tidak percaya pada perusahaan asuransi, pedagang tidak ingin berurusan dengan asuransi dan perusahaan asuransi,  sudah merasa aman tanpa asuransi,   merasa mampu mengatasi masalah sendiri sehingga tidak perlu ada asuransi, merasa punya banyak tabungan, trauma dengan kecurangan asuransi dan adanya keyakinan yang penuh pada takdir dan pertolongan Tuhan. Hasil penelitian juga menunjukkan bahwa tingkat kesadaran hukum (pengetahuan, pemahaman, dan perilaku/budaya) berasuransi para pedagang termasuk kategori baik/tinggi. Namun disayangkan, khusus untuk Asuransi Kerugian, keinginan para pedagang Kota Medan untuk mengasuransikan barang dagangan atau harta miliknya (property) pada perusahaan Asuransi Kerugian masih tergolong rendah. Dari 95 orang responden, hanya 4 responden (4,2%) yang mengaku memiliki Asuransi Kebakaran ruko/toko/kios.

1938 ◽  
Vol 12 (5) ◽  
pp. 65-75
Author(s):  
J. Owen Stalson

Colonial America gave little thought to life insurance selling. The colonists secured protection against marine risks from private underwriters, first in London, eventually at home. It has been asserted that Philadelphia had no fire insurance until 1752; Boston none before 1795. The first corporations formed in this country for insuring lives were those of the Presbyterian Ministers Fund (1759) and a similar company organized for the benefit of Episcopal ministers (1769). Neither of these corporations offered insurance to the general public. In the last decade of the eighteenth century many insurance companies were formed in the United States. At least five were chartered to underwrite life risks, but only one, The Insurance Company of North America, appears to have accepted any. There is no basis for saying that any of these early companies tried to sell life insurance.


Author(s):  
Mykhailo Demydenko ◽  
Ihor Pistunov

The competitiveness of an insurance company depends on the competitiveness of the products and services it introduces in the market. The competitive advantages of the insurance company are expressed in the attractiveness and competitiveness of insurance policies. An economic and mathematical model of increasing the competitiveness of the insurance company is proposed, which allows to calculate the integrated indicator of competitiveness of the insurance policy based on a comprehensive system of indicators characterizing the reliability of the insurance company, quality of its services, competitiveness, social activity. To analyze the impact of these indicators on the competitiveness of the insurance policy and identify areas for improving the efficiency and competitiveness of the insurance company. The competitiveness of an insurance company depends on the competitiveness of the products and services it introduces in the market. The assessment of the quality of insurance company services is compliance with the needs, requirements, and insurance interests of customers. This assessment is performed each time an individual client chooses to cooperate with an insurance company that meets his insurance interests and wishes. Therefore, the overall competitiveness of the enterprise depends on the competitiveness of products and services offered on the market. The competitive advantages of the insurance company are expressed in the attractiveness and competitiveness of insurance policies. The insurance market in recent years has shown consistently high growth, which makes it attractive for doing business. In these conditions, the task of modeling the activities of the insurance company in a highly competitive market environment becomes relevant. A mathematical model of increasing the competitiveness of the insurance company is proposed, which allows to calculate the integrated indicator of competitiveness of the insurance policy based on a comprehensive system of indicators characterizing the reliability of the insurance company, quality of its services, competitiveness, social activity. With the proposed model, insurance companies can objectively assess their weaknesses and strengths to ensure continuous growth and decent competition in a competitive market environment. The model allows you to select performance indicators and perform modeling and determine the consequences of changes in this indicator, analyze the impact of these indicators on the competitiveness of insurance policies and identify areas for improving the efficiency and competitiveness of the insurance company. By conducting such experiments, insurance companies can make more informed choices and decisions, analyze areas of competitiveness, and more efficiently allocate resources.


2021 ◽  
Vol 2 (3) ◽  
pp. 520-525
Author(s):  
Ni Kadek Vikka Ayu Swandewi ◽  
Ni Luh Made Mahendrawati ◽  
I Putu Gede Seputra

In this era of globalization, insurance has been considered as a basic need which is a human need for security. Insurance is a form of risk management that is formed with the aim of avoiding the possibility of an uncertain risk of loss. This study aims to examine the legal position of policyholders as creditors in insurance companies and to reveal the legal protection of policyholders in insurance companies that are declared bankrupt. This study uses a normative research method because there is still a conflict of norms, with the approach to legislation. The data is sourced from the opinions of legal scholars and data law. The data sources are primary and secondary data obtained through recording and documentation, then the data is processed using interpretation and descriptive. Based on the Bankruptcy Law and PKPU Article 1 number 2, creditors are parties who have receivables due to agreements or laws that can be collected in advance of services. In the context of the legal protection of the policyholder, the Insurance Act has regulated the existence of a policy guarantor institution in which the purpose of the establishment of a policy guarantee program is to guarantee the return of part or all of the rights of the policyholder. In the bankruptcy and liquidation of an Insurance Company, it is expected that the curator will pay attention to the right of the Policy Holder to obtain compensation from the bankruptcy assets of the Insurance Company.


1931 ◽  
Vol 13 (1) ◽  
pp. 1-66 ◽  
Author(s):  
Hugh W. Brown

SynopsisUnder Common Law an employer has always been liable to his workmen for his own personal negligence, but it was not until 1897 that there was enacted the first of a series of Workmen's Compensation Acts which introduced a remarkable change in the law, inasmuch as the workman was given a statutory right to compensation for accident without requiring him to prove any negligence whatever.The evolution of the law relating to Workmen's Compensation is traced through the successive Acts of Parliament, and the provisions of the Workmen's Compensation Act 1925, which codifies the law on the subject, are summarised so far as they relate to the liability covered by an Insurance Policy. Under the Act the employer is liable for personal injury to his workmen by accident “arising out of and in the course of” the employment or by certain scheduled industrial diseases.An Insurance Policy covers the liability at Common Law and under the Employers' Liability Act 1880 as well as under the Workmen's Compensation Acts, and in addition makes the Insurance Company responsible for the cost of defending claims. The injured workman may have to consider whether he is likely to recover a larger sum by way of damages than he would receive in compensation by arbitration proceedings under the Workmen's Compensation Acts, and he can then elect which course to take.A description is given of the Returns of Compensations made by Insurance Companies to the Home Office on behalf of the employers in certain selected industries as required by the Workmen's Compensation Act 1925.The requirements of the Assurance Companies Act 1909 relating to Employers' Liability Insurance business are stated. In the Annual Returns to the Board of Trade under this Act, an Actuarial Valuation of the Outstanding Claims that have been in existence for five years or more is called for on an annuity basis, but no regulations are laid down for estimating the Liability in respect of Outstanding Claims of shorter duration. The present method is to take each of such claims and after considering the facts—nature of injury, rate of compensation, etc.—to make the best possible estimate of the ultimate cost to the Insurance Company. Later developments of the injury, however, may cause such estimate to be wide of the amount which the Company is called upon to pay. A plea is advanced for an investigation into the liability in respect of Outstanding Claims, in the hope that it may be found possible to arrive at average factors which could be used, with a suitable grouping of the Claims, to determine the Liability under the non-fatal Outstanding Claims from the first occasion of their becoming outstanding. When there is no recognised method based on past experience of making such an estimate, judgment may be influenced by factors not solely relevant to the ascertainment of the liability.All the leading Offices transacting Employers' Liability Insurance business are members of the Accident Offices Association. This Association was formed after the passing of the Workmen's Compensation Act 1906, by which the scope of workmen's compensation was widely extended. The Association controls the rates and policy conditions of the Tariff Offices, but as the regulations are in great measure confidential, detailed information can only be given regarding what is already common knowledge.A further step was taken in Government supervision of Insurance Companies by the Agreement made in 1923 between the Home Office and the Accident Offices Association, the effect of which is to limit to 37½% the expenses and profits in respect of the combined figures of the members of the Association.The trend of probable future legislation as recommended by the Departmental Committee in the Insurance Undertakings Bill is described, and the questions of Compulsory Insurance and State Insurance are touched upon.An account is given of an Undertaking made recently by the Accident Offices Association to furnish the Government with workmen's compensation statistics in connection with a Home Office Scheme of enquiry into the Incidence and Causation of Accidents.The subject is so extensive that it has only been possible to deal with it in broad outline, but in conclusion reference is made to various aspects that could with advantage be expanded.


1977 ◽  
Vol 12 (4) ◽  
pp. 651-652 ◽  
Author(s):  
Michael J. Brennan ◽  
Eduardo S. Schwartz

An equity-linked life insurance policy with an asset value guarantee (ELPAVG) is an insurance policy whose benefit payable on death or at maturity consists of the greater of some guaranteed amount and the value of a reference portfolio which is defined by the deemed investment of a predetermined component of the policy premium in a portfolio of common stocks or mutual fund–the reference fund. In an earlier paper we demonstrated that the benefit payable under an ELPAVG could be decomposed into the known guaranteed amount and an immediately exercisable call option to purchase the reference portfolio for an exercise price equal to the guaranteed amount. The principles of the option pricing model were then employed to derive the equilibrium premium for both a single premium ELPAVG contract and a periodic premium contract. It was further noted that the hedging arguments, which are the core of most of the recent theory of option pricing, could be employed to derive an investment strategy for the insurance company which would eliminate the risks associated with the sale of ELPAVGs: this is an important result, for ELPAVGs may pose a significant threat to the solvency of insurance companies since the risks of loss under different contracts are not independent, but are commonly related to the overall performance of the reference fund. Actuaries have responded to this threat by attempting to determine a level of reserves sufficient to reduce the probability of ruin to an acceptable level. On the other hand, adoption of the riskless investment strategy in theory eliminates the need to hold any reserves except against mortality risk.


2020 ◽  
Vol 22 (2) ◽  
pp. 279-300
Author(s):  
Stefani Kamajaya ◽  
Fernando Sirait ◽  
Klara Sihombing ◽  
Karenita Situmorang

Penelitian ini bertujuan untuk mengetahui tanggung jawab maskapai penerbangan dan perusahaan atas kematian penumpang akibat kecelakaan penumpang. Yang disebabkan bukan kesalahan maskapai. Penelitian ini juga bertujuan untuk mengetahui upaya hukum yang bagaimana dapat dilakukan oleh masyarakat ketika mengalami hal terse-but. Metode penelitian mengunakan deskriptif yuridis, yaitu dengan mendeskripskan aturan perundang-undangan mengenai pertanggungjawaban. Sumber yang digunakan adalah bahan hukum primer dan sekunder. Hasil analisa menunjukkan bahwa maskapai tidak bertanggung jawab membayar ganti kerugian atas kematian penumpang sepanjang maskapai dapat membuktikan kecelakaan tersebut bukan kesalahan maskapai. Asuransi Jasa Raharja bertanggung jawab untuk membayar santunan kepada ahli waris penum-pang yang meninggal karena kecelakaan pesawat baik karena kesalahan maskapai maupun bukan kesalahan maskapai sepanjang sesuai dalam Peraturan Pemerintah Nomor 17 Tahun 1965, asuransi jasa raharja wajib membayar ganti rugi berdasarkan PMK 15 Tahun 2017 karena setiap penumpang sudah membayarkan premi asuransi pada saat membeli karcis/tiket pesawat udara. Liability of Airlines and Insurance Companies Against Passenger Death Because of Flight Accident This study aims to determine the responsibilities of airlines and companies for passenger deaths due to accidents that not caused by airline’s fault, and to determine the legal remedies that can be done by the public when experiencing it. The research method uses descriptive juridical that is by describing the rules of law regarding accountability. Primary and secondary legal data sources is used. The analysis shows that the airline is not responsible for paying compensation for the death of the passenger as long as the airline can prove the accident was not the fault of the airline. Jasa Raharja insurance is responsible for paying compensation to the heirs of passengers who died in a plane crash either because airline fault or not as long as in accordance with Government Regulation No. 17/1965, Jasa Raharja insurance company is required to pay compensation based on PMK 15/2017 because every passenger has paid insurance premium when buying a ticket.


Author(s):  
E.T. Prokopchuk ◽  
◽  
Y.V. Ulianych ◽  
S.A. Ptashnyk ◽  
N.V. Butko

In the conditions of virtualization of economic relations, the subjects of the insurance market can not stay away from these processes, so in order to improve the quality and level of availability of insurance services it is necessary to spread internet technologies in insurance. The main incentive for the introduction of Internet services by insurance companies is the need to reduce costs, expanding the geography of activities, ensuring diversification of risks. No less important factors are simplicity and comfort of on-line purchase of insurance product. The Ukrainian insurance market is at the stage of development and formation, having a number of problems and uncertainties. Therefore, its further information and technological development should receive priority in the economic and social aspects of government policy, taking into account its European integration guidelines. The article deals with the concept of Internet insurance. It is established that the approaches of scientists to the disclosure of the content of the concept of "Internet insurance" have differences. However, they converge on the definition of the Internet insurance as a process of interaction between the insurance representative and the insurer, connected with the provision of insurance services by the insurer, their service, performance of insurance payments in case of occurrence of an insured event due to the use of Internet technologies. The main advantages and disadvantages of online insurance are presented. The list of main advantages includes: simplification of the insurance process, efficiency of registration, simplicity and universality of payment methods, minimization of "human" factor, automation of calculation of the sum insured and tariffs with the help of insurance multicalculator. The list of main drawbacks includes: a much smaller number of insurance products are placed on the Internet sites of insurance companies for sale, the need for the client to understand the nuances and subtleties of working with the site of the insurer, set certain options for insurance amounts, which the client can not change. The stages of obtaining the insurance service through the Internet system have been considered, the offer of services by insurance companies of Ukraine "in live" and "on-line" and innovations on the Internet insurance market of Ukraine have been analyzed, the main spectrum of Internet services providing insurance companies in the Internet has been investigated, the number of insurance companies for the last years has been considered in dynamics. For the further development of Internet insurance it is necessary to improve the legal framework on this issue; it is necessary that the sites of insurance companies contain sufficient information content and for the customers a number of opportunities: obtaining true information about the activities of the insurance company and its services; calculation of the cost of the insurance policy with the help of online calculator; filling in an application for insurance; in case of an insured event, the implementation of remote payment of the insurance policy and insurance payments; delivery of the insurance policy to the customers; and delivery of the insurance policy to the customers.


Author(s):  
Dr. R. S. N. Sharma

Insurance is nothing but giving assurance for recovery of Loss. If Head of the family dies unfortunately, suddenly due to any reason, the dependent family members may land in troubles and may not in a position to earn their livelihood. If the life of that head of the family is insured, certain amount of money will be paid to the legal heirs which they can use it for their needs. In this context which life insurance company is to be considered for taking the life policy is a problem. Agents of different life insurance companies approach them for their profession. All the public may be in dilemma in choosing the life insurance company. They may take different policies of different companies. At this juncture, the researcher has thought it necessary to conduct survey in the selected locations to know more about the awareness of people with regard to life insurance and to know about which life insurance company has more public confidence. For this the study has been conducted basing on primary data collected directly from the respondents. The collected information has been tabulated, graphically represented and analysed with the help of calculations and finally conclusions drawn.


2019 ◽  
Vol 1 (1) ◽  
pp. 43
Author(s):  
Ahmad Djafri

Abstract This research aims to show the implications of bankruptcy in insurance companies, both in the form of material implications for disadvantaged customers and in the form of national financial instability The existence of an insurance company is intended to minimize the risk posed to policyholders, but insolvency in insurance can occur. The research method used is normative juridical with reinforcement on empirical data, analyzed by qualitative normative methods The results of the study show first, insurance bankruptcy provisions are submitted by the Republic of Indonesia's finance ministry as a preventive measure for community loss of policyholders, secondly, the implications of bankruptcy on insurance companies can occur in the form of material losses to policyholders that must be replaced by insurance companies and the implications of loss of customer confidence insurance if the bankruptcy process is not completed properly. Keywords: Implications, Bankcruptcy, Insurance


1995 ◽  
Vol 10 (4) ◽  
pp. 350-351

AbstractIn a case brought before the A1 Ain Court against a local insurance company, the plaintiff claimed the cost of repairing the engine of her vehicle which was insured with the defendant insurance company. The plaintiff claimed that the engine of her vehicle had exploded accidentally and suddenly and without any apparent reason. She therefore claimed the cost of repairing the engine from the insurance company. The insurance company refused to pay on the ground that the explosion of the engine was a mechanical defect which was excluded from the terms of the insurance policy. Therefore, the insured was not entitled to be reimbursed for the repair of the engine of her own vehicle, because it was not involved in any accident with a third party. The Court of First Instance delivered a judgment in favour of the insured. This judgment was upheld by the Appeal Court and thereafter by the Abu Dhabi Supreme Court of Cassation who held that the explosion was accidental, sudden and for reasons unknown to the assured. This damage was covered by the insurance policy and the insurance company was therefore liable to compensate the insured for the repair costs even though the damage was not caused by an accident with a third party.


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