Model and Implications Failure to Pay Insurance Claims in Indonesia
Abstract
Insurance can occur because of an agreement, namely an agreement between the Insurance Company and the Customer through an agent. The customer is the weak party, so in the insurance agreement a customer needs to be protected.The aim of this research is to find out and analyze forms of protection for customers who fail to pay and to find out and analyze the factors that cause insurance companies to fail to pay insurance claims. The approach methodology used is a normative juridical method supported by field data, namelyu using secondary data which is supported by primary data and analyzed descriptively qualitatively. The research results obtained show that customers need to be protected based on legal protection theory because customers are in a weak position, they easily trust insurance companies as companies that provide protection against the risks faced and the factors that cause insurance companies to fail to pay insurance claims are one of them is not implementing it according to the provisions of the law (Insurance Law). Another reason is that the company's financial condition is not healthy, the implementation of risk management in the company is not optimal.
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Book
Endang Purwaningsih, Business Law, Ghalia Indonesia, Bogor, 2010
Department of Education and Culture, Big Indonesian Dictionary, Balai Pustaka, Jakarta, 1997
Djoko Prakoso, Indonesian Insurance Law, Rineka Cipta, Jakarta, 2004
Frianto Pandia, Financial Institutions, Rineka Cipta, Jakarta 2004
Big Indonesian Dictionary, second edition, Balai Pustaka, Jakarta, 1991
Mukti Fajar ND and Yulianto Achmad, Dualism of Normative Legal Research and Empirical Law, Yogyakarta, Student Library, 2010
Ronny Hanitijo S, Legal Research Methods and Jurimetry, Ghalia Indonesia, Jakarta, 1995
Sentosa Sembiring, Insurance Law, Nuansa Aulia, Bandung, 2014
Sri Rejeki Hartono, Insurance Law and Insurance Companies, Sinar Graphics Jakarta, 1992
Wirdyaningsih, Islamic Banks and Insurance in Indonesia, Prenada Media, Jakarta 2005
Zainal Asikin, Commercial Law, Radjagrafindo, Persada, Jakarta, 2013
Journal/article
Novi Puspitasari, History and Development of Islamic Insurance and its Differences from Conventional Insurance, in Journal of ECONOMICS, ACCOUNTING AND MANAGEMENT, Vo. X No.1, 2011
Harliyanto Rois, PDIH Sultan Agung Semarang Desertation, Title: Reconstruction of Fire Insurance Agreements Using the Indonesian Standard Fire Insurance Policy (PSAKI) for Building Objects to which Justice-Based Mortgages Are Attached. Doctoral thesis, Sultan Agung Islamic University Semarang. Year 2022
Monika Suhayati, FAILURE TO PAY IN INSURANCE COMPANIES AND EFFORTS TO PROTECT INSURANCE CUSTOMERS, Short Info Journal, Vol. XV, No. 3/I/Puslit/February/2023
Purwanto, Update on the Definition of Insurance in the Legal System in Indonesia
(Insurance Definition Renewal in Law System in Indonesia)
Journal: Unmul Faculty of Law Law Minutes, December 2006, Vol. 2, no. 2, ISSN 021-969X
Puspitasari, History and Development of Islamic Insurance and its Differences from Conventional Insurance, in Journal of ECONOMICS, ACCOUNTING AND MANAGEMENT, Vo. X No.1, 2011
Sanya Dinda Susanti, Restoring public trust in the insurance industry, article in Antara News Agency, Monday, 28 August 2023
Fries Melia Salviana, Krisnadi Nasution, Evi Congress, LEGAL PROTECTION OF THE INSURED IN UNIT-LINK LIFE INSURANCE, Perspective Journal, Volume 28 Number 1 Year 2023 January Edition
Legislation
Pancasila
The 1945 Constitution of the Republic of Indonesia
Law no. 2 of 1992 concerning Insurance Business
Law no 40 of 2014 concerning Insurance
Law No.21 of 2011 concerning the Financial Services Authority
Commercial Law Book
Code of Civil law
Compilation of Sharia Economic Law
DSN Fatwa no.21/DSN-MUI/X/2001
Regulation of the Minister of Trade Number 11/M-DAG/PER/3/2006 of 2006 concerning Provisions and Procedures for Issuing Registration Certificates for Agents or Distributors of Goods and/or Services
Internet
https://id.wikipedia.org/wiki/Notaris, downloaded on March 30 2022
https://id.wikipedia.org/wiki/Reinsurance#:~:text=If%20companies%20insurance%20opinion%20that,%20other companies%20(companies%20reinsurance)
https://finansial.bisnis.com/read/20231229/215/1728049/aturan-baru-ojk-modal-disetor-usaha-bisnis-baru-minimal-rp1-triliun
https://www.kompas.id/baca/ Ekonomi/2023/11/06/kebelian-community-jadi-tantangan-industri-perbisnisan
https://www.cnbcindonesia.com/market/20230912130026-17-471737/6-kas-gagal-bayar-ini-nodai-bisnis-ri-besarnya-fantastis
https://www.cnbcindonesia.com/market/20230213015410-17-413126/kronologi-kas-bumiputera-anggaran-ojk-restui-pengelamatan
https://glints.com/id/lowongan/agen-ulasi-hadap/#apa-itu-agen-ulasi
Panjaitan, H. Consumer Protection Law, cet.pertama (H. Marluga (Ed.)). Jala Permata Aksara Publisher, 2021
Legislation
Journal/article
Legal Protection for Insurance Policy Holders Based on the Consumer Protection Law, Ikraith Humaniora Journal VOL. 8, NO. March 1, 2024
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