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All Journal Jurnal Sahabat ISNU SU
Laila Rizqillah
State Islamic University of North Sumatra
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Legal Analysis of Rejection of Life Insurance Claims By Insurance Companies Based on the Principles of Good Faith and Consumer Protection Laila Rizqillah; Amanda Putri Fajrin; Salwa Khairina Azzahra; Nabila Hilmy Khairunnisa Hasibuan; Nadiatul Maghfirah
Jurnal Sahabat ISNU SU Vol. 1 No. 2 (2024): ISNU Sahabat September 2024
Publisher : ISNU Sumatera Utara

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Abstract

One of the most common causes of disputes between insured and insurance companies is the rejection of life insurance claims. Life insurance is essentially a contract that offers protection against the possibility of death or other perils stated in the policy. However, in reality, many insurance companies refuse to pay claims for various reasons, including policy limitations, discrepancnies in the coverage data, alleged violations of the principle of absolute good faith, or other administrative reasons. As parties entitled to insurance benefits, this situation often results in legal confusion for the insured and their heirs. This study aims to investigate the legal justification for life insurance claim rejections by insurance companies, examine the legal protections for the insured, and investigate the legal consequences of claim rejections that violate legal requirements. The research methodology used is normative legal research using statutory, conceptual, and case study approaches. The findings indicate that insurance companies can only reject claims if there is a strong legal basis in accordance with the policy provisions and relevant laws and regulations. Unilateral rejection of claims without a valid reason can be considered a breach of contract (default) or possibly an illegal act requiring compensation. Alternative Dispute Resolution Institutions in the Financial Services Sector, insurance companies' internal dispute resolution procedures, or court litigation can all be used to seek legal protection for insured parties. Therefore, to provide legal certainty and preserve the rights of insured parties, it is crucial to increase transparency in insurance claims procedures and strengthen oversight by the Financial Services Authority (OJK).
Legal Certainty of Inheritance for Children Born Out of Wedlock Who Are Recognized as Legitimate by Their Biological Parents Muhammad Ikhlas Bin Rosele Lubis; Laila Rizqillah; Amanda Putri Fajrin; Aulia Putri; Aqtika Deeba Lubis
Jurnal Sahabat ISNU SU Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v1i2.176

Abstract

The legal status of illegitimate children in Indonesia has become a complex issue involving legal, religious, and social aspects. Illegitimate children often experience discrimination in obtaining civil rights, particularly regarding lineage, maintenance, and inheritance. This study aims to analyze the legal certainty for illegitimate children recognized by their biological parents, focusing on Indonesian positive law regulations, Islamic religious perspectives, and the role of the Constitutional Court. This study also offers comprehensive solutions to overcome legal and social barriers in the implementation of illegitimate child protection policies. This study uses a juridical-normative method with a multidisciplinary approach, combining positive law analysis, Islamic religious studies, and socio-cultural aspects. The results show that Constitutional Court Decision Number 46/PUU-VIII/2010 is a step forward in providing legal recognition for illegitimate children, but its implementation still faces significant challenges. Under Islamic law, the status of illegitimate children tends to be limited to the lineage relationship with their biological mother, although alternatives such as a mandatory will exist to protect their rights. This study recommends regulatory revisions, public outreach, strengthening the role of child protection agencies, optimizing evidentiary technologies such as DNA testing, and harmonizing positive law and Islamic law. With a holistic approach, it is hoped that legal protection for illegitimate children can be implemented fairly, inclusively, and in accordance with humanitarian principles.
Co-Authors Amanda Putri Fajrin Aqtika Deeba Lubis Aulia Putri Muhammad Ikhlas Bin Rosele Lubis Nabila Hilmy Khairunnisa Hasibuan Nadiatul Maghfirah Salwa Khairina Azzahra