scholarly journals PERTANGGUNGJAWABAN DAN UPAYA HUKUM PEMBAYARAN UTANG KLAIM ASURANSI TERHADAP PEMEGANG POLIS AKIBAT KEPAILITAN PERUSAHAAN ASURANSI

2020 ◽  
Vol 8 (11) ◽  
pp. 1806
Author(s):  
M. Alifadhil Syahran ◽  
Marwanto Marwanto
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Insurance Companies ◽  
Insurance Company ◽  
Insurance Claims ◽  
Insurance Claim ◽  
Conceptual Approach

Pertanggungjawaban yang dilakukan oleh perusahaan asuransi yang dinyatakan pailit terhadap pemegang polis adalah dengan membayarkan utang klaim asuransi yang pengurusan terhadap pembayaran tersebut dilaksanakan oleh kurator sebagai pengurus dari harta kekayaan debitor dan upaya hukum yang dapat dilakukan oleh pemegang polis adalah memohonkan permohonan pailit yang diwakilkan oleh otoritas jasa keuangan ke pengadilan niaga. Metode penelitian yang dilakukan dari penulisan ini adalah hukum normatif dengan mengacu kepada berbagai bahan pustaka atau data sekunder serta melakukan pendekatan perundang-undangan dan pendekatan konseptual. Hasil studi terhadap penulisan ini menunjukkan bahwasanya perusahaan asuransi yang telah dinyatakan pailit oleh pengadilan niaga memiliki bentuk pertanggungjawaban untuk membayarkan utang klaim asuransi terhadap pemegang polis dan pemegang polis dapat menempuh upaya hukum untuk memohonkan pailitnya perusahaan asuransi. The responsibility for the insurance company that is declared bankrupt to the policyholder is to pay the insurance claim debt, which the management of the payment is carried out by the curator as the manager of the debtor’s assets and legal effort that can be taken by the policyholder is to apply for bankruptcy represented by the service authority finance to the commercial court. The research method used from this writing is normative law by referring to various library materials or secondary data as well as taking a staturoy approach and conceptual approach. The result of the study on this writing show that insurance companies that have been declared bankrupt by commercial court have a form of responsibility to pay insurance claims debts against policyholders and policyholder also can take a legal effort to petition the insurance company for bankruptcy.

scholarly journals Kedudukan Hukum Pemegang Polis Pada Perusahaan Asuransi yang Dinyatakan Pailit

2021 ◽  
Vol 2 (3) ◽  
pp. 520-525
Author(s):  
Ni Kadek Vikka Ayu Swandewi ◽  
Ni Luh Made Mahendrawati ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Insurance Companies ◽  
Bankruptcy Law ◽  
Insurance Company ◽  
Human Need ◽  
Legal Position ◽  
Policy Holder ◽  
The Right

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.

scholarly journals Rejection of Accident Insurance Claims by Insurance Companies

NORMA ◽  
2021 ◽  
Vol 18 (2) ◽  
pp. 1
Author(s):  
Berto Samudra
Keyword(s):  
Dispute Resolution ◽  
Research Method ◽  
Insurance Companies ◽  
District Court ◽  
Insurance Claim ◽  
Conceptual Approach ◽  
Legal Remedy ◽  
Risk Takers ◽  
Premium Risk ◽  
Insurance Agreement

Insurance is a form of compensation for the occurrence of uncertain risks and the delegation of responsibility to bear those risks. The event of this risk is uncertain because it depends on uncertainty. The transfer of risk is carried out by making an insurance agreement or insurance agreement. The first party is usually referred to as the insured. The second is the party willing to accept the risk of the first party by accepting a payment called a premium. Risk takers are often referred to as insurance companies. The research method used in this study uses a legal approach research method (statute approach) and a conceptual approach (conceptual approach). Based on the results of this study, the researcher states that the basis or cause of the rejection of an insurance agreement is because the insurance agreement is a conditional agreement, where the insurer only bears the loss suffered by the insured party following the terms of the event that resulted in the loss to the insured as agreed, by the parties in the insurance agreement. Or the insured party does not carry out its obligations to pay premiums to the insurer. The legal remedy that the insured party can take if the insurer rejects the claim is to file a lawsuit at the local District Court, as regulated in Article 23 of Law no. 8 of 1999. It can be completed through the BMAI institution.Keywords: Insurance, Claim, Dispute Resolution.

scholarly journals Accountability answers company insurance life based investing against the risk of failure to pay for policyholders

2022 ◽  
Vol 6 ◽  
Author(s):  
Selvi Harvia Santri ◽  
Yaswirman Yaswirman ◽  
Kurnia Warman ◽  
Wetria Fauzi
Keyword(s):  
Financial Institutions ◽  
Life Insurance ◽  
Joint Ventures ◽  
Research Method ◽  
Insurance Companies ◽  
Director General ◽  
Insurance Company ◽  
Insurance Claims ◽  
Study Results ◽  
Insurance Business

The problem of this research is how to regulate investment-based life insurance in Indonesia and the liability of investment-based life insurance companies against the risk of default by policyholders. This study uses a research method that has an empirical juridical type. The study results explain that the regulation of investment-based life insurance in Indonesia is regulated in Law Number 40 of 2014 concerning Business Per Insurance, OJK Regulation Number 23/POJK.05/2015 concerning Insurance Products and Marketing and Decree of the Chairman of BPPM and Financial Institutions Number KEP-104/ BL/2006 concerning Investment-based life insurance products. PP Number 87 of 2019 concerning insurance companies in the form of joint ventures, RI's Financial Decree Number 422/KMK.06/2003 and Director General of Financial Institutions Decree Number 2475/LK concerning investment insurance products and forms of liability of default insurance companies must fulfill the contents of the agreement insurance that gives rise to the rights and obligations of the insured reciprocally. However, Law Number 40 of 2014 concerning Insurance Business does not fully regulate violations in the insurance business and does not regulate how the insurance company is responsible for the company's inability to fulfill insurance claims.

scholarly journals URGENCY OF INSURANCE FOR CULTURAL HERITAGE BUILDING IN SURABAYA

Yuridika ◽  
2018 ◽  
Vol 33 (2) ◽  
pp. 232
Author(s):  
Hilda Yunita Sabrie
Keyword(s):  
Local Government ◽  
Cultural Heritage ◽  
Local Governments ◽  
Research Method ◽  
Local Community ◽  
Third Parties ◽  
Insurance Companies ◽  
Conceptual Approach ◽  
Heritage Buildings ◽  
Heritage Building

The cultural heritage of a region is the identity and richness of history for the region. Given the importance of the existence of cultural heritage in an area, the local government should pay special attention to the continuity of its existence. Through inventory, listing the cultural heritages, maintenance until its restoration must be done properly and continuously. This is not only the responsibility of the local government, but it is the responsibility of all parties including the local community. But in practice, local government or society are less concerned about the existence of cultural heritage in the area. This research focuses on cultural heritage buildings in Surabaya because this city is one of the cities in Indonesia which has many buildings of cultural heritage with various conditions. Local governments need to act quickly and effectively to solve the problem, so the solution can be done by including third parties such as insurance companies engaged in the insurance of losses, which can help to cover some form of damage that occurred in the building of the reserve culture in Surabaya. From the problems mentioned above, the research method used is statute approach and conceptual approach.

Perlindungan Hukum Terhadap Pemegang Polis Asuransi Jiwa

2020 ◽  
Vol 2 (1) ◽  
pp. 105-113
Author(s):  
Agus Wasita
Keyword(s):  
Law Enforcement ◽  
Financial Stability ◽  
Research Literature ◽  
Insurance Companies ◽  
Insurance Company ◽  
Legal Research ◽  
Insurance Claim ◽  
Insurance Law ◽  
Lack Of Information ◽  
Time And Energy

Most of family in Indonesia do not have insurance to reserve enough fund that will provide financial stability to protect themself and their families . As a consequence, in the event of accident, family will go bankrupt because they take short cut sells all asset to overcome accident that happened. Base survey of some insurance companies, as high as 86 percents of our society are not yet have protected insurance because of misperception, l a large part of people not feel require insurance . Despite that, lack of understanding makes society have in mind that insurance as burden and viewed as expensive product that bring less benefit for them. Other Constraint is lack of information for insurance client in course of claim to get its rights . insurance claim process frequently become animus process between insurance client and insurance company even sometimes their dispute possibility continues become lawsuit which is wasting time and energy for both of them . Lack of understanding to insurance law makes society sometimes use the wrong ways to solve their insurance lawsuit. This research intention to returns the society perception to the correct ways.This research is part of the legal research literature by examining the library materials or the so-called normative legal research.The results showed that the country has made political efforts to protect the legal right of citizens with regard to insurance, but indeed such cases other law enforcement efforts is still a chore government never resolved.

scholarly journals ANALISIS PENERAPAN SISTEM INFORMASI AKUNTANSI PEMBAYARAN KLAIM ASURANSI JIWA DALAM MENINGKATKAN PELAYANAN KEPADA NASABAH (STUDI KASUS PADA PT ASURANSI JIWASRAYA PERSERO AREA LHOKSEUMAWE)

2019 ◽  
Vol 7 (2) ◽  
pp. 93
Author(s):  
Rayyan Firdaus ◽  
Nurul Akmal
Keyword(s):  
Information System ◽  
Qualitative Study ◽  
Life Insurance ◽  
Accounting Information ◽  
Primary Data ◽  
Insurance Company ◽  
Insurance Claims ◽  
Insurance Claim ◽  
Accounting Information System ◽  
Claim Number

This study was conducted to analyze the application of the Jiwasraya insurance claims payment accounting information system in improving service to customer life insurance claims. The data used in this study were primary data directly through the results of interviews with Jiwasraya Insurance Company employees, and customers. This is a descriptive qualitative study. The results of the study showed that the application of the life insurance claims payment accounting information system in improving service to customers at PT. Jiwasraya Insurance Persero Lhokseumawe area consisted of customers preparing all documents used in filing life insurance claims either died due to death or died due to accidents, following procedures for handling and administering death claims, waiting when checking procedures for recording life insurance claims i.e. by opening a claim payment in LBK in accordance with the account or estimated claim number in accordance with the applicable provisions, waiting for the results of life insurance claim reporting, and waiting for the results of the claim disbursement decision to be approved or rejected.

scholarly journals Tanggung Jawab Pihak Asuransi Terhadap Perjanjian Kredit Bank Dalam Hal Debitur Meninggal Dunia

2021 ◽  
Vol 2 (1) ◽  
pp. 196-201
Author(s):  
Ni Putu Purnama Wati ◽  
Ni Luh Made Mahendrawati ◽  
Desak Gde Dwi Arini
Keyword(s):  
Life Insurance ◽  
Research Method ◽  
Civil Code ◽  
Insurance Company ◽  
Conceptual Approach ◽  
Interested Party ◽  
Legal Consequence ◽  
Credit Agreement ◽  
Legal Consequences ◽  
Insurance Agreement

Credit agreements are usually accompanied by a collateral agreement and an insurance agreement. This insurance agreement is a means of transferring risk for the bank, especially life insurance in the event of a debtor's death, besides credit can also fall to the heirs if the debtor dies before paying off the remaining credit. This study aims to analyze the legal consequences of the Bank's Credit Agreement in the event that the Debtor dies and to find out the responsibility of the Insurance Party for the Bank's Credit Agreement in the event the Debtor dies. This study uses a normative research method with a statutory approach and a conceptual approach. The results show that the legal consequence of the credit agreement in the event that the debtor dies, there are two possibilities, namely that the credit goes to the heirs as regulated in article 833 of the Civil Code (Burgerlijk Wetboek) or the guarantee is executed by the bank, and the second possibility is that the credit is written off due to a life insurance clause or a life insurance agreement with a banker's clause, which means that the insurance company must be responsible for paying off the remaining debts of the debtor who died according to the terms and conditions of the policy, otherwise the interested party can file a summons to sue the insurance company. From this, the conclusion is that the parties must fully understand the contents of the credit agreement made, so that later if this risk occurs, there will be clarity on the payment of the debtor's remaining debt.

scholarly journals PENGARUH PENDAPATAN ASURANSI TERHADAP LABA NETO PADA ENAM PERUSAHAAN ASURANSI JIWA SYARIAH DI INDONESIA

2020 ◽  
Vol 5 (1) ◽  
pp. 67
Author(s):  
Itang Itang ◽  
Lisna Nur Apifah
Keyword(s):  
Life Insurance ◽  
Secondary Data ◽  
Insurance Companies ◽  
Coefficient Of Determination ◽  
Insurance Company ◽  
Net Income ◽  
Life Insurance Company ◽  
Significance Level ◽  
Net Profit ◽  
Independent Variable

Profit or loss is usually used to assess the performance of the company's performance The main factor in determining the size of the profit is income where the size of the profit is an indicator of success or failure of management in managing the company. The formulation of the problems in this study are: 1). What is the effect of insurance income on net income of 6 Islamic life insurance companies in Indonesia?, 2). How big is the effect of insurance income on the net profit of 6 Islamic life insurance companies in Indonesia? The purpose of this study is 1). To find out whether there is an effect of insurance income on net income of 6 Islamic life insurance companies in Indonesia, 2). To find out how much influence the insurance income has on net income of 6 Islamic life insurance companies in Indonesia. The method used in this study is a quantitative method that uses a classic assumption test, hypothesis testing, correlation coefficient test and coefficient of determination test. The data used are secondary data obtained by the official website of a life insurance company. The results showed that the independent variable of insurance income had a significant effect on net income, t table of 2.04841. Because the tcount> ttable = 6.525> 2.04841 and a significance level of 0.000 because the significance value was less than 0.05 then it could be concluded that Ho was rejected and Ha was accepted .From testing the coefficient of determination (R Square) or the coefficient of determination that is equal to 0.599 so that the magnitude of the influence of Insurance Revenues on Net Profit of 0.599 = 59.9%

scholarly journals Performance of Malaysian Insurance Companies Using Data Envelopment Analysis

2018 ◽  
Vol 11 (3) ◽  
pp. 1147 ◽  
Author(s):  
Ng Jia Bao ◽  
Rohaizan Ramlan ◽  
Fazeeda Mohamad ◽  
Azlina Md Yassin
Keyword(s):  
Data Envelopment Analysis ◽  
Insurance Industry ◽  
Secondary Data ◽  
Efficiency Score ◽  
Equity Capital ◽  
Insurance Companies ◽  
Data Envelopment ◽  
Insurance Company ◽  
Policy Makers ◽  
Using Data

The purpose of this study is to evaluate the performance of the local insurance in Malaysia for the period 2014-2015. The major challenge in the insurance industry is increasing competition in this market. Besides that, problematic in performance measurement to evaluate performance is another challenge in insurance industry. 24 local insurance companies involved in this study using quantitative method of Data Envelopment Analysis (DEA) output-orientation CCR model. This study utilizes three inputs and three outputs; operating expenses, equity capital and commission as well as net premium, net investment income, and net incurred claim. The secondary data sources were derived from official data of local insurance companies’ annual report respectively. The DEA-Solver-LV version 8 tools were used to analyze the data that have been collected to evaluate the performance of local insurance company. This DEA model allows integration of the performance for the insurance companies and provides management overall performance evaluation. The results showed that there are 8 efficient companies in 2014 and 9 efficient companies in 2015. The average efficiency score in 2014 was increased from 78.9% to 79.1% in 2015. The findings from this study will benefit the insurance associations in Malaysia, management of insurances companies and policy makers.

scholarly journals Insurance Construction Services In Infrastructure Development

Yuridika ◽  
2019 ◽  
Vol 35 (2) ◽  
pp. 455
Author(s):  
Yusuf Arif Utomo ◽  
Dimas Aulia Azizi
Keyword(s):  
Service Provider ◽  
Service Providers ◽  
Insurance Companies ◽  
Infrastructure Development ◽  
Insurance Company ◽  
Conceptual Approach ◽  
National Interests ◽  
Legal Concepts ◽  
Construction Services ◽  
Insurance Agreement

The Construction Services Insurance Agreement has an important role in infrastructure development in Indonesia. It is considering that at present, the Indonesian government is very active in building infrastructure in various corners of the region in the framework of equitable economic stability. The guarantor, in this case, the insurance company provides guarantees in terms of planning up to maintenance. Or before construction up to post-development within a certain period. Insurance agreements made with a variety of considerations, including; protect national interests, avoid contractors who default or have bad intentions, geographical factors in an area, and so forth. But on the other hand, it also to protect the interests of contractors or construction service providers (the insured). For this research, the focus is on the accountability of construction service providers as consumers of insurance companies because construction service providers require insurance companies to transfer some of the risks while carrying out development projects. If in the course of the project an undesirable event occurs starting from the collapse of the building, damage to heavy equipment and so on, which fall within the scope of the object of the insurance agreement, the construction service provider can file a claim against the insurance company to compensate the loss suffered by the construction service provider. Thus it is necessary to analyze the legal relationships and procedures between construction service providers and insurance companies related to infrastructure development. In analyzing and answer the legal issues above, the research methods used are the statute approach (based on applicable laws). And the conceptual approach (based on legal concepts or theories from legal experts).

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