Implementation of Ex-Gratia Claim Payment in Insurance Agreement

This study aims to explain descriptively about the implementation of ex-gratia claims on life insurance agreements, how to pay and settle ex-gratia claims and ex-gratia claim terms. In the Life Insurance agreement, the insured party when experiencing an unexpected risk of obtaining its rights in the settlement of claims. The occurrence of rejection of claims on life insurance, becomes the cause of a lack of understanding of the actual articles and regulations must be understood before deciding to use insurance. In fact, not all losses suffered by the insured in the insurance agreement can be paid according to the agreement. It is caused by several factors that are considered to violate the principles of insurance and regulations that have been determined in the insurance agreement, resulting in the cancellation of the insurer pays its obligations to the insured or commonly called rejected claims. But customers sometimes still demand that the company pay, therefore the insurance company takes the initiative to pay claims rejected through Ex-gratia. But many people do not know about the ex-gratia claim. Some insurers take the initiative to pay ex-gratia rejected claims. Implementation of ex gratia claims can be done by negotiation, good faith from the insurer to the insured. Received: 15 October 2021 / Accepted: 30 November 2021 / Published: 5 January 2022

Asas Hukum Ekonomi Syariah: Menilik Praktik Perjanjian Lisan Pembuatan Batu Merah di Desa Kota Bangun

The aim of the study are to discuss the causes of the emergence of the practice of unwritten agreements in Kota Bangun and to analyze unwritten agreements through the principles contained in the Sharia Economic Law Compilation. The author uses the type of field research and data collection techniques in the form of observation and interviews. The sampling technique is purposive sampling. Data analysis was carried out by data reduction, data presentation, and drawing conclusions. The results showed that the cause of the emergence of the practice of unwritten agreements in Kota Bangun were due to a high sense of trust, close relationships (known people/neighbours), compassion, mutual need and local community habits. The principles that are used to examine this case are based on the principles contained in the Compilation of Sharia Economic Law, which consists of 13 principles, namely the principle of endeavor (voluntarily), the principle of trust (keeping promises), the principle of Ikhtiyati (prudence), the principle of Luzum (not Change), the principle of mutual benefit, the principle of taswiyah (equality), the principle of transparency, the principle of ability, the principle of taysiir (convenience), the principle of good faith, the principle of halal causes, the principle of al-hurriyyah (freedom) and the principle of al-Kitabah (written).

Wishful Thinking; the Role and Development of Good Faith in the Roman Law of Contracts

The paper outlines the theoretical achievements of the work of the Dutch historian Jan Romein and the legal historian and romanist Hoetink, which have become common wisdom in time. However, application of new insights into historical narratives has often been hesitant because of the “anything goes” mentality. This paper approaches one of Roman law’s holy cows, namely the role and development of good faith in the Roman law of contracts and questions whether a move from historical interpretation to legal history may provide another narrative.

Sincere Cooperation between EU and Member States in the Field of Readmission: The More the Merrier?

Cooperation with third countries on readmission has occupied an increasingly prominent place in the EU's migration management strategy. The EU and its Member States have progressively concluded an extensive set of bilateral and multilateral, binding and non-binding, cooperation instruments on readmission. This proliferation questions the field's coherence with the principle of sincere cooperation, governing the interplay between the Union's and Member States’ action. By taking this principle as a benchmark, the article highlights the ineffective nature of the current ‘unprincipled’ pursuit of readmission goals. It also demonstrates that sincere cooperation—if read together with subsidiarity—does not necessarily favour the Union's international action, to the detriment of the Member States’. Rather, it requires a good faith effort to identify, and stand by, the most effective level of action.

The application of good Faith principle of precontract in common law and civil law contry

In Indonesia, development of application of good faith principle in legal agreement focuses on the application of Civil Code (KUHPerdata) where scope is still placed on the implementation of agreement. It is as if Civil Code has not recognized the existence of good faith principle at pre-contract stage. In comparison, according to modern agreement theory that parties who suffer losses in pre-agreement/contract stage or at negotiation stage, their rights also deserve to be protected. Thus, pre-agreement/contract promises will have legal implications for those who violate them. This will be seen in countries that have common law and civil law systems. An important issue in this case relates to the principle of good faith at the pre-contract stage which creates a gap with the provisions in the legislation. To analyze these problems, legal research was conducted with the black-letter law paradigm. Technique of collecting legal materials in this research used library research. Legal materials are analyzed deductively and utilize the method of interpretation (hermeneutics). Results showed that the application of the principle of good faith at the pre-contract stage in Common Law and Civil Law countries had differences. In the Civil Law system, good faith is highly emphasized in the stage of contractual negotiation. Whereas in the Common Law system, it prioritizes efforts to restore rights of aggrieved party in pre-contract stage. Parties who do not have good faith at the pre-contract stage have legal consequences for cancellation of the agreement.

The right of the overflown state to divert or intercept civil aircraft under a bomb threat: an analysis with regard to Ryanair flight 4978

The purpose of this article is to discuss whether a state has a right to divert or intercept a foreign civil aircraft flying above its territory, when the aircraft is under a bomb threat. The analysis stems from the recent incident where a Ryanair passenger jet was diverted to Minsk while flying in Belarusian airspace; however, the article approaches the topic from a general perspective, analyzing the key applicable rules of international aviation safety and security law. The article argues that air sovereignty and national rules on aviation (the latter wherever such exist) provide states acting in good faith the right to divert or intercept foreign aircraft for security reasons. Meanwhile, Article 3 bis of the Chicago Convention does not recognize such a right. The right is also limited by international rules that oblige every state to assist aircraft in distress, as well as rules that emphasize the authority and responsibility of the pilot-in-command. Since mid-air interventions are so rare, the legality of states’ actions must be analyzed case-by-case. Regardless, the legal regime of international aviation does not allow states to respond to security threats in whatever way they please, especially if the threat is a mere pretext for politically motivated action.

BEST PRACTICE CONSTRUCTION OF HOUSE OF WORSHIP BASED ON LOCAL WISDOM IN PALU

<p><em>The construction of houses of worship is often rejected in certain areas of Indonesia. This article aims to find out how to build a house of worship based on local wisdom in Palu. By using qualitative methods, the following research results were obtained. First, the best practice of religious harmony is reflected in multicultural education, religious harmony and mutual cooperation in social practice. Second, the values of local wisdom that become a social tool are the culture of sintuvu (mutual cooperation), </em><em>nasorara</em><em> </em><em>nosabatutu</em><em> </em><em>(brotherhood), nasobolai (openness), libu ntodea (agreement), tonda talosi (harmony), besides that. houses of worship were also built with architectural designs with local wisdom. Third, while the government's role in creating best practice of inter-religious harmony can be seen through the existence of FKUB which has excellent programs, such as good faith for harmony, village harmony, harmony sermons, and technical guidance for traditional stakeholders. Conflict resolution in the community is resolved by sitting down together with three important elements, namely; government, religious leaders, and traditional leaders</em>.</p>