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 IMPLIKASI HUKUM TERHADAP AKAD YANG MEMUAT KLAUSUL PENYELESAIAN SENGKETA PERBANKAN SYARIAH MELALUI PENGADILAN NEGERI PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 93/PUU-X/2012

SASI ◽  
2020 ◽  
Vol 26 (3) ◽  
pp. 286
Author(s):  
Rahman Hasima
Keyword(s):  
Dispute Resolution ◽  
Research Method ◽  
The State ◽  
Court Decision ◽  
District Court ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Legal Implications ◽  
Descriptive Qualitative

This research aims to determine the legal implications of the agreement on which the sharia banking dispute resolution clause was submitted through the state court's post-decision of the Constitutional Court No. 93/PUU-X/2012. The research method used normative research with a statute approach and a conceptual approach and analyzed descriptive qualitative. The results of the study show that the contract that contains the clause for the settlement of Islamic banking disputes through the District Court after the Constitutional Court decision has the implication of being null and void because it contradicts the contract or causa that is lawful, so that the parties make an addendum so that no future disputes occur.

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 PHILOSOPHICAL FOUNDATION OF RELIGIOUS COURT COMPETENCE TOWARDS ENCUMBRANCE RIGHT EXECUTION

2018 ◽  
Vol 18 (2) ◽  
pp. 222
Author(s):  
Abd. Shomad ◽  
Rahadi Wasi Bintoro
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Islamic Law ◽  
Court Decision ◽  
District Court ◽  
Philosophical Foundation ◽  
Conceptual Approach ◽  
Historical Approach ◽  
Legal Relationship

Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation

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.

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 Penerapan Peradilan Adat Berbasis Kuasi Yudisial Dalam Memutus Sengketa Adat

2020 ◽  
Vol 12 (2) ◽  
pp. 260
Author(s):  
Al Araf Assadallah Marzuki
Keyword(s):  
Dispute Resolution ◽  
National Court ◽  
District Court ◽  
Domestic Court ◽  
Legal Remedy ◽  
Legal Uncertainty ◽  
Customary Court ◽  
Legal Force ◽  
Judicial Hierarchy

The customary court is not a judicial institution that can decide a dispute with the direction of justice as in the national court so that recognition of customary decisions does not get permanent legal force which results in legal uncertainty in dispute resolution through customary court institutions. Thus, there is an idea that is offered in this research that implements customary courts as quasi-judicial in resolving customary disputes. Through normative juridical research, it is found that: first, the position of customary courts is only limited to deliberative dispute resolution, and in the judicial hierarchy its position is not recognized. Second, the quasi-judicial model that can be applied in customary courts can emulate KPPU in deciding disputes where to obtain permanent legal force, the KPPU's decision needs to be ruled by a district court, and if some object to the verdict, they can file an objection legal remedy in the domestic court. a period of 14 days from receipt of the decision on the parties.

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).

scholarly journals The Concept of Special Judicial Institutions in Dispute Resolution of Village Heads In Indonesia

2020 ◽  
Vol 9 (4) ◽  
pp. 673
Author(s):  
Fauziyah Fauziyah ◽  
I Wayan Parsa
Keyword(s):  
Dispute Resolution ◽  
Government Regulation ◽  
District Court ◽  
Legal Services ◽  
Main Task ◽  
Conceptual Approach ◽  
Political Interests ◽  
History Approach ◽  
The Village ◽  
Predetermined Time

The idea of village head dispute resolution through the Special Judicial Institution began with anxiety over Law 6 of 2014 concerning Villages, Government Regulation number 6 of 2014 concerning Implementation of Village Laws, and Minister of Home Affairs Regulation No. 112 of 2014 concerning Guidelines for Election of Village Heads, which has not yet regulated the village head election supervisory institutions and dispute resolution institutions for village head elections. The institutions that are required to complete based on these rules are Regents with a period of 30 days. Regents are political positions which also have many political interests. The existence of this decision had an impact on one of the candidates for the village head. The current practices for resolving disputes over village head elections through the District Court and the State Administrative Court. The purpose of this study to create a concept for regional special judiciary institutions in resolving regional election disputes in Indonesia. This research using a normative juridical approach with a statute approach, history approach and conceptual approach. The results of the study show that by establishing a special independent judicial institution based on local wisdom by prioritizing the principle of kinship and consensus building. The main task of the institution is to assist the regional head in providing alternative legal services, to serve and protect the rights of the parties in seeking truth and justice, and to settle according to a predetermined time, to try to examine and decide on cases of village head election disputes.

scholarly journals PELAKSANAAN KLAIM PRODUK ASURANSI JP-ASTOR PADA PT. JASARAHARJA PUTERA CABANG PADANG

2019 ◽  
Author(s):  
Ratna Widayati ◽  
Insani
Keyword(s):  
Service Quality ◽  
Old Age ◽  
Insurance Premium ◽  
Insurance Companies ◽  
Insurance Claim ◽  
Excellent Service ◽  
Insured Person ◽  
Definition Of ◽  
Insurance Agreement

Insurance has a very important role in providing certainty protection for people, both commercial and non commercial, insurance can provide protection in the form of education, health, old age, death and property. Which is a necessity of life that is not less important in this era of globalization is the need for insurance services. The definition of insurance under KUHD 246 states that "insurance or coverage is an agreement by which the insurer strikes himself to an insured, accepting a premium, for replacement to him for an event that is not certain".Insurance companies have excellent service quality in serving the Customer including in serving insurance claims, because the quality of this service will be a benchmark for customers if they will use the same service, including for service claims. "Insurance Claim is a claim from the insured party in connection with the existence of the contract between the insurance agreement with the insured person who each party bind themselves to guarantee payment of compensation by the insurer if the insurance premium payment has been made by the insured, when the accident happened suffered by the insured party ".

scholarly journals PERLAWANAN PIHAK KETIGA (DERDEN VERZET) TERHADAP EKSEKUSI BARANG BUKTI ATAS PUTUSAN PENGADILAN YANG TELAH BERKEKUATAN HUKUM TETAP( INKRACHT VAN GEWIJSDE) TERKAIT TINDAK PIDANA

2020 ◽  
Vol 4 (2) ◽  
pp. 109-130
Author(s):  
Fatria Gunawan
Keyword(s):  
Civil Rights ◽  
Research Method ◽  
Third Parties ◽  
Third Party ◽  
Court Decision ◽  
Criminal Case ◽  
District Court ◽  
Conceptual Approach ◽  
Criminal Offenses ◽  
Rights And Interests

ABSTRACT A judge's decision concerning evidence in a criminal case is not closed, possibly causing problems in the future. Including the emergence of resistance by third parties who feel that their rights and interests have been harmed by the evidence.The research method used is a normative juridical research method with a conceptual approach, a legal approach and case approach.Based on the results of the study can be concluded first; Ratio Desidendy the decision of the Binjai District Court Number: 22 / Pdt.Plw / 2012 / PN.BJ dated 21 February 2013 that resistance was the guarantor of Darman's debt to the CV Showroom. Jaya Mobilindo because of the principal agreement to buy and  sell 1 unit of car carried out by Darman with CV Showroom. Jaya Mobilindo, where resistance does not know the relationship between Darman and the Survived Als. Adi related to the a quo car unit. Therefore according to the provisions of article 24 of Law No. 42 of 1999 concerning the Fiduciary Guarantee above, then The opponent should not be burdened with the obligation  to bear the risk of loss of objects that are used as fiduciary guarantees for unlawful acts committed by Suriadi Als. Adi, Defendant in Case No. 265 / Pid.B / 2012 / PN.BJ. Therefore, opponents are third parties with good intentions that must be protected by their rights and interests.Second: The third party's legal efforts to defend civil rights against the execution of evidence related to criminal offenses are by carrying out resistance efforts (derdenverzet. As an extraordinary legal measure used by third parties to refute or fight the execution of seizures carried out by the court. this law is carried out by third parties with the intention that their rights and interests are harmed as a result of the execution of seizure to get legal protection.Criminal legal measures can also be taken by third parties when their interests and rights are harmed as a result of a court decision in a criminal case. Third party property is used as evidence in a criminal case, because it is used by the defendant in committing a crime, so that one of the dictums of the court decision in the criminal case is confiscating evidence for a country that is actually owned by a third party that is not involved am criminal case. Keywords, Derden Verzet, Decision, Execution, Evidence, Criminal Act

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