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Legal Responsibility of Insurance Companies for the Denial of COVID-19 Patient Claims: A Case Study of PT Asuransi Allianz Life Indonesia Lidya Thalia; Zahra Balqis Ananda; Rivky Abdillah Putra; Abdul Latif; Ahmad Yani Anshori
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.933

Abstract

In this article, we examine the legal responsibility of insurance companies for the denial of COVID-19 patient claims: A case study of PT Asuransi Allianz Life Indonesia. Aims to find out how the company's responsibility is to customers, how to protect consumers, and how insurance customers respond to the rejection of COVID-19 claims This research uses a qualitative method, namely by using a field study and analytical descriptive approach. The results of this study have shown that PT Asuransi Allianz Life Indonesia, in certain cases, has not fully fulfilled its legal responsibilities both from a contractual perspective and within the framework of consumer protection. This refusal creates a conflict because in contract law, an agreement must be executed based on the principles of good faith and transparency of information. Many customers expressed disappointment with Allianz's perceived impartiality and seemed to be looking for excuses to reject claims.
Civil Law Aspects of Crypto Investment Dispute Resolution Through Arbitration and Litigation Handro Kurnia Sitorus; Ahyar Dinda Alamsyah Harahap; Abdul Latif; Aripa Syawalia; Indra Utama Tanjung
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.937

Abstract

Digital transformation in the financial sector has given birth to new investment instruments in the form of crypto assets based on blockchain technology. Despite its great potential, crypto investment also gives rise to various civil disputes between investors and service provider platforms. Such disputes are often caused by defaults, unlawful acts, or losses due to digital system failures, which have not been specifically regulated in national law. This research aims to identify the form of civil law relationships in crypto transactions, examine the types of disputes that arise, and evaluate the effectiveness of two dispute resolution mechanisms, namely arbitration and litigation. The method used is a normative juridical approach through literature studies that include laws and regulations, scientific literature, as well as court and arbitration decisions. The results of the study show that arbitration has advantages in terms of efficiency and flexibility, but faces obstacles in enforcing cross-jurisdictional awards. In contrast, litigation provides stronger formal legal guarantees, but tends to be slow and less adaptive to technological aspects. The main obstacles faced are the absence of substantive regulations, limitations in digital proof, and low technical literacy of legal apparatus. Therefore, regulatory reform and institutional capacity strengthening are needed to ensure equal legal protection for crypto investors in Indonesia.
Legal Capacity of Individuals with Bipolar Disorder in Islamic Marriage Law: Integrating Ahliyyah al-Adā’ and Maqāṣid al-Syarī‘ah Syifa Arinda; Dinda Seplinar Batubara; Keisyah Yuvi Amanda; Abdul Latif; M. Rifky Abdillah; Icha Azdina Adly
Tabayyanu : Journal Of Islamic Law Vol. 1 No. 02 (2024)
Publisher : Yayasan Dar Arrisyah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66174/zx2hdm76

Abstract

Marriage in Islamic law is founded upon the principles of legal capacity (ahliyyah), mutual consent, and the realization of maqāṣid al-sharī‘ah through the protection of religion, life, intellect, lineage, and property. Nevertheless, the increasing prevalence of bipolar disorder has generated complex legal and ethical questions regarding the legal capacity of affected individuals to enter into marriage and to perform the reciprocal rights and obligations arising from the marital contract. Existing scholarship has predominantly examined bipolar disorder from isolated perspectives, including marriage validity, child custody, or disability rights, without providing an integrated legal framework that reconciles classical Islamic jurisprudence, contemporary mental health knowledge, and Islamic family law. This study aims to reconstruct the concept of legal capacity for individuals with bipolar disorder in Islamic marriage law by integrating the doctrine of ahliyyah al-adā’ with the objectives of maqāṣid al-sharī‘ah. Employing normative juridical research, the study combines statutory, conceptual, comparative, and Islamic jurisprudential approaches. Primary legal materials consist of the Qur'an, Sunnah, classical fiqh literature, Indonesian marriage legislation, the Compilation of Islamic Law, and selected judicial decisions, while secondary materials include recent peer-reviewed international journals on Islamic family law, disability studies, and psychiatric research. The study demonstrates that bipolar disorder should not constitute an automatic legal impediment to marriage. Rather, legal capacity must be determined through an individualized assessment of cognitive competence, decisional autonomy, psychological stability at the time of the marriage contract, and the ability to fulfil marital obligations. The article proposes a reconstructed framework in which ahliyyah al-adā’ is interpreted dynamically through the lens of maqāṣid al-sharī‘ah, emphasizing transparency regarding mental health conditions, protection of both spouses, and proportional legal safeguards instead of categorical exclusion. This reconstruction contributes to contemporary Islamic family law by harmonizing classical jurisprudential doctrines with modern psychiatric knowledge and human rights principles while strengthening substantive justice in Muslim family law.