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All Journal Jurnal Sahabat ISNU SU
Nadiatul Maghfirah
State Islamic University of North Sumatra

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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).
Recognition and Legalization of Illegitimate Children, and the Legal Consequences, According to the Civil Code and Law no. 1 of 1974 Nabila Hilmy Khairunnisa Hasibuan; Salwa Khairina Azzahra; Vivian Alyssa Chandra; Nadiatul Maghfirah; Shafa Zhafira Khalid
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.v2i3.910

Abstract

In the dynamics of national life, Indonesia, a State of Law, views the supremacy of law as a shared ideal. In this situation, everyone has the right to marry and maintain a legal marriage to have children. Children born out of wedlock are recognized as such because not all children are the result of divorced parents. This study seeks to examine the Civil Code regulations regarding unmarried children, customary law, and the validity of birth certificates of unmarried children. A conceptual approach and normative legal research methodology are used in this study. The primary, secondary, and tertiary legal sources used are then subjected to methodical analysis. The research findings indicate that customary laws, both written and unwritten, are used to regulate illegitimate children because they serve as guidelines for traditional villages in managing their governance. Notarial deeds, birth certificates, certificates issued by civil registration officers, or even the marriage certificate itself may state that the child was born out of wedlock. Because they serve as proof of state recognition of the child's citizenship and civil status, a birth certificate is very important for the child.