ANALISIS PENERAPAN TEORI OBJEKTIVITAS DALAM ASURANASI KAPAL ANTARA PT. BRINGIN SEJAHTERA ARTAMAKMUR DAN PT. DJAKARTA LLOYD (STUDI PUTUSAN NO.423/PDT.G/2011/ PN.JKT.PST.)

2018 ◽  
Vol 1 (2) ◽  
pp. 178
Author(s):  
Gibran Budi Nugroho ◽  
Stanislaus Atalim
Keyword(s):  
Research Method ◽  
Insurance Company ◽  
Insurance Policy ◽  
Insurance Claims ◽  
Insurance Law ◽  
Insurance Business ◽  
Definition Of ◽  
Insurance Agreement

In the insurance agreement, of course, there is an insurance object where the insurance object must be notified in detail by the insured to the insurer if it will not be threatened by the cancellation of the agreement. This is supported by one of the theories developed in insurance business, namely the theory of objectivity supported by article 251 KUHD This research is a study of the application of the theory of objectivity to Decree Number 423 / Pdt.G / 2011 / PN.Jkt.Pst because of the claim from PT. Djakarta Lloyd from the insurance object in the form of MV Jatiwangi PB 400 vessel that has been insured to PT Asuransi Bringin Sejahtra Artamakmur (PT BSAM), but the insurance company rejects the claim on the grounds that the ship was damaged at the time of signing the insurance policy. So that the problem arises how to apply the theory of objectivity to the rejection of insurance claims made by (PT BSAM)? is the application of the theory of objectivity in Indonesian insurance law correct? The research method used is a normative juridical research method. Data from the study shows that based on Article 251 KUHD and the theory of objectivity is a description of the honesty of insurance participants with the threat of cancellation of insurance if the insured party is proven not to have good intentions. Based on the definition of objectivity theory and Article 251 KUHD the author wants to discuss how it applies to ship insurance

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.

Employers' Liability Insurance

1931 ◽  
Vol 13 (1) ◽  
pp. 1-66 ◽  
Author(s):  
Hugh W. Brown
Keyword(s):  
Common Law ◽  
Liability Insurance ◽  
Insurance Companies ◽  
Insurance Company ◽  
Insurance Policy ◽  
Home Office ◽  
The Subject ◽  
Insurance Business ◽  
The Law ◽  
Workmen's Compensation

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.

scholarly journals A Mutual Reinsurance Scheme

1971 ◽  
Vol 6 (2) ◽  
pp. 163-177 ◽  
Author(s):  
Harald Bohman ◽  
Ulf Grenander
Keyword(s):  
Life Insurance ◽  
Insurance Company ◽  
Insurance Policy ◽  
Insured Person ◽  
Insurance Business ◽  
Basic Facts ◽  
Policy Holder ◽  
Administrative Expenses

In order to make this report clear to those without experience in insurance matters, we first present some basic facts about the insurance business. In so doing we intentionally omit certain facts irrelevant to the present study. The most important omission of this kind is our assumption that the insurance business operates without administrative expenses and without sales costs. We also assume that the insurance business is run in such a way that no profit is made. It will be evident to readers already directly connected with insurance problems what further omissions we have made and why we have made them.Insurance is the establishment of a contract between the insurance company and the insured person This contract is by tradition called the “insurance policy” and the insured person is called the “policyholder”. By agreeing to the insurance policy, the policyholder commits himself to paying certain premiums to the insurance company, and the insurance company commits itself to paying certain amounts to the policyholders. The conditions under which such payments are to be made are of many different kinds: the policy-holder dies, the policyholder becomes ill, a homeowner's house is burnt down, or the policyholder has a collision in his car. The circumstances under which a payment is to be made to the policy-holder are described in detail in the insurance policy. The amount to be paid is either fixed or variable: in life insurance the amount to be paid is always fixed and stated in the insurance policy, but in most other forms of insurance the intention is that the insurance compensate the policyholder for the losses he might incur as a consequence of the events covered by his policy.

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 STAN CYWILNOPRAWNEJ OCHRONY KONSUMENTA USŁUG UBEZPIECZENIOWYCH W POLSCE

2017 ◽  
Vol 4 (2) ◽  
pp. 221
Author(s):  
Marcin Skorb
Keyword(s):  
Civil Law ◽  
Personal Data ◽  
Insurance Companies ◽  
Insurance Law ◽  
Eu Legislation ◽  
General Terms ◽  
Definition Of ◽  
Legal Character ◽  
Insurance Agreement ◽  
The Eu

Protection of Personal Data of Consumers of Insurance Services in PolandSummaryThe article analyses the regulations o f Polish civil law, which were introduced to protect a consumer of insurance services who, as a weaker party of a insurance agreement needs such protection. It presents main changes of the insurance law in this respect, introduced on M ay 01, 2004 as a part of the process of adapting Polish legal system to the EU legislation. Amongst other things, the author discusses the following issues: legal definition of a „consumer”, scope o f legal measures on protection of the insured, legal character of the general terms and conditions of the insurance agreements issued by insurance companies and forbidden contractual clauses. The author also suggests changes to these laws in order to improve them and make them more precise.

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
Keyword(s):  
Research Method ◽  
Legal Culture ◽  
Insurance Companies ◽  
Insurance Company ◽  
Empirical Methods ◽  
Insurance Policy ◽  
Fire Insurance ◽  
Market Location ◽  
And Behavior ◽  
Scale Data

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.

scholarly journals WANPRESTASI PEMBAYARAN KLAIM ASURANSI JIWA AKIBAT KELALAIAN PENYERAHAN BERKAS OLEH MITRA PENANGGUNG SEBAGAI KOLEKTOR PENGAJUAN KLAIM (Studi Kasus Sertifikat Asuransi Polis Nomor 15.001673)

2018 ◽  
Vol 1 (2) ◽  
pp. 184-198
Author(s):  
Inawati Santini
Keyword(s):  
Life Insurance ◽  
Insurance Policy ◽  
Insurance Claims ◽  
Insurance Claim ◽  
Fixed Rate ◽  
Permanent Disability ◽  
Family Finances ◽  
Conducting Research ◽  
Object Of Study ◽  
Insurance Agreement

At this time many banks are incentive to lure consumer credit to consumers. In general, consumer loan interest rate is higher than productive credit, even there is a fixed rate. It seems that the fixed rate makes it easy to organize family finances, paying only monthly installments of the same amount, but if carefully calculated, the interest is much higher. Consumer Loan Protection with Insurance Policy Certificate 15.001673 is a life insurance product that guarantees repayment of the remaining amount of Loans and / or monthly loan installment of the Customer as Participant (Insured) to the Policyholder in case the Participant (the Insured) has a death risk or total temporary disability / Or total permanent disability. Although it is clear about the rights and obligations in the insurance agreement but the reality is very different because it turns out the insurer does not fulfill its obligations in the event of claim submission from the insured. Rejection of insurance claims may be made by the insurer under the pretext of submitting the file beyond the specified time limit. Issues to be studied further is how validation of denial of life insurance claim made by Jasindo in accordance with the insurance policy and existing legislation and whether Partner Error is can be classified as Wanprestasi payment of Insurance Claim for late in submission of policy file No: 15.001673. In conducting research, this research is normative law research that is research having object of study about rule or rule. The objective is to determine the validity of the refusal of insurance claims made by Jasindo in accordance with the existing insurance policies and regulations and to find out the Default Payment of Insurance Claims due to Delayed Submission by Marketing Party as Collector Submission of Claim on Insurance Certificate Number 15.001673

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 Tanggung Jawab Perusahaan Asuransi Terhadap Tertanggung dalam Penutupan Asuransinya Melalui Media Internet

2021 ◽  
Vol 21 (3) ◽  
pp. 1323
Author(s):  
Desni Raspita
Keyword(s):  
Research Method ◽  
Internet Technology ◽  
Insurance Companies ◽  
The Internet ◽  
Insurance Policy ◽  
Legal Research ◽  
The Times ◽  
Insurance Agreement

In the times, it will affect human civilization, namely the discovery of one technology, namely the internet. Internet technology at this time has developed rapidly so that it becomes the basis for various human lives. The research method used is normative legal research. with insurance responsibilities that are closed conventionally, where the responsibilities of insurance companies both via the internet and conventional have been confirmed in the loss insurance policy and the exceptions that have been agreed upon by both parties at the time of closing the insurance agreement.

scholarly journals –The role of audit review and the preparation of reports in the organization of insurance business in Iraq – applied research in the Office of Insurance and a sample of Iraqi insurance companies: دور المراجعة التفتيشية وإعداد التقارير في تنظيم أعمال التأمين في العراق – بحث تطبيقي في ديوان التأمين وعينة من شركات التأمين العراقية –

2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Maryam Muzahim Abbas - Hamza Faik and Heib
Keyword(s):  
Regulatory System ◽  
Practical Aspect ◽  
International Standards ◽  
Insurance Companies ◽  
Regulatory Body ◽  
Insurance Company ◽  
Insurance Law ◽  
Audit Review ◽  
Insurance Business

Insurance companies are considered as the most important institutions for the savings container and the safety valve for the economy, so they must be subject to a proper regulatory system to ensure that they comply with the legislations and standards regulating their work and to ensure their work in accordance with the exact and in accordance with the processes and legislations, including the most important international standards for supervising insurance companies (26) principles issued by the International Organization for the Supervision of Insurance Companies (IAIS). The research dealt with the audit review and preparation of reports in addition to the organization of business and its foundations and the reasons for organizing insurance business and the international and local supervisory bodies of insurance companies and reaching conclusions and recommendations. The practical aspect included the preparation of the examination form, including a set of instructions and controls for the insurance sector to determine the extent of their application by the regulatory body responsible for supervision and supervision of the insurance companies and the research sample represented by the Iraqi insurance company, the National Insurance Company, Insurance. The research reached a number of conclusions, the most prominent of which is the weakness of the supervisory role of the insurance department of the insurance companies and the failure to apply the international standards for supervising the insurance companies, although stipulated in the Insurance Law No. 10 of 2005. The research reached a number of recommendations, most notably, the necessity of activating the supervisory role of the Insurance Bureau of the insurance companies. The application of the international standards for supervising the insurance companies as stipulated in the Insurance Law No. 10 of 2005.

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