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Rizki Rizki
PUI PT Business Law

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PERTANGGUNGJAWABAN HUKUM ATAS PENOLAKAN KLAIM ASURANSI OLEH PT ASURANSI JIWA GENERALI INDONESIA: ANALISIS PUTUSAN NOMOR 149/Pdt.G/2024/PN Medan Rizki Rizki; Jeskon Amir Nduru; Jeremi Sahputra Ketaren; Lorenzo Law
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i1.8079

Abstract

This study examines Decision Number 149/Pdt.G/2024/PN Medan concerning a dispute over the rejection of a life insurance claim and its implications for legal protection of policyholders in Indonesia. The research employs a normative juridical method through doctrinal analysis of court decisions, using statutory, conceptual, and case approaches. The statutory approach refers to Law No. 40 of 2014 on Insurance and the Consumer Protection Law, while the conceptual approach is grounded in the principles of pacta sunt servanda and legal protection theory. The findings reveal that the insurer rejected the claim on the grounds of alleged misrepresentation of the insured’s health condition. However, the court found that such grounds were not supported by sufficient evidence and failed to meet the principle of good faith. Consequently, the rejection was deemed a breach of contract that harmed the policyholder. The decision reaffirms that insurance companies bear contractual obligations that must be performed in accordance with legal certainty and consumer protection principles. Furthermore, the ruling reinforces both preventive and repressive legal protection frameworks, as articulated by Philipus M. Hadjon, and highlights the role of the Financial Services Authority (OJK) and the Financial Services Sector Alternative Dispute Resolution Institution (LAPS SJK) in resolving insurance disputes. From a theoretical perspective, this study contributes to the development of insurance law by clarifying standards of proof in claim rejection and strengthening the application of the good faith principle in insurance contracts. This study recommends strengthening regulatory frameworks on policy transparency, optimizing alternative dispute resolution mechanisms, and accelerating the establishment of a Policy Guarantee Institution to enhance legal certainty and protection for life insurance policyholders in Indonesia.Keywords: Life Insurance, Legal Protection, Claim Dispute, Breach of Contract, Good Faith Principle
ANALISIS YURIDIS PENYELESAIAN SENGKETA ROYALTI MUSIK MELALUI MEKANISME NON-LITIGASI (STUDI KASUS MIE GACOAN DI INDONESIA) Rizki Rizki; Yasmin Az Zahra; Mhd Raihan Fawwaz Husni
Jurnal Ilmiah Advokasi Vol 14, No 1 (2026): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v14i1.8090

Abstract

This study aims to analyze the settlement of music royalty disputes in Indonesia with particular emphasis on non-litigation mechanisms, especially in cases involving the restaurant chain Mie Gacoan. Disputes concerning music royalties have increased in line with the growing commercial use of musical works without authorization or adequate payment to copyright holders. This research employs a normative juridical method with statutory, conceptual, and case-based approaches. The theoretical framework is grounded in the Theory of Legal Protection, the Theory of Justice, and the Theory of Legal Certainty. The findings indicate that dispute settlement through non-litigation mechanisms, such as mediation and negotiation facilitated by Collective Management Organizations (LMK) and the National Collective Management Organization (LMKN), in practice accelerates resolution without the need for judicial adjudication. One of the study’s observations shows that mediation processes conducted by LMKN in several similar cases including cases with patterns comparable to the Mie Gacoan dispute successfully reached royalty payment agreements in a shorter time than litigation, while simultaneously reducing dispute costs and preserving business relations between the parties. In the Mie Gacoan case, the dispute arose from the use of music within the commercial area of the restaurant chain without authorization from the copyright holders. The dispute was subsequently reported to LMKN and resolved through non-litigation procedures in the form of negotiation and mediation, which resulted in an agreement on royalty payment without recourse to judicial proceedings. This case study demonstrates that non-litigation mechanisms function as a strategic instrument for enforcing justice and legal protection for creators, while at the same time providing legal certainty for business operators.Keywords: Copyright, Music Royalty, Dispute, Non-Litigation