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Reza Yuda
Universitas Negeri Semarang
Education Law, Crime, Criminology & Criminal Justice

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Implications of Constitutional Court Decision number 83/PUU-XXII/2024 on Procedures and Proof of Police Claims in Life Insurance Disputes Reza Yuda; Kamal Ubaidillah
Law Research Review Quarterly Vol. 12 No. 4 (2026): Articles in Press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i4.47050

Abstract

Life insurance disputes in Indonesia frequently reveal a significant power imbalance between policyholders and insurance companies, traditionally exacerbated by Article 251 of the Commercial Code (KUHDagang) that allowed unilateral policy cancellations by insurers. This research aims to comprehensively examine the implications of the Constitutional Court Decision No. 83/PUU-XXII/2024 on the procedures and evidentiary requirements of policy claims in life insurance disputes. The study adopts a normative juridical approach, utilizing qualitative descriptive-analytical methods to evaluate legal documents, norms, and principles. The findings indicate a paradigm shift from an insurer-centric process to a balanced mutual legal framework. The Constitutional Court decision eliminates the insurer's right to unilaterally cancel policies based on misrepresentation, now mandating mutual agreement or a binding court decision. Consequently, the burden of proof is rebalanced, compelling insurers to conduct rigorous pre-event underwriting and prove material misrepresentation during dispute resolution. In conclusion, the ruling fundamentally restores policyholders' constitutional rights and legal certainty. However, to fully realize these equitable procedural shifts, regulatory bodies and the industry must implement operational harmonizations, including revising standard policy clauses, establishing clear material evidence guidelines, and strengthening non-litigation mediation mechanisms.
Implications of the Constitutional Court Decision number 83/PUU-XXII/2024 on the Procedure and Proof of Policy Claims in Life Insurance Disputes Reza Yuda; Kamal Ubaidillah
Law Research Review Quarterly Vol. 12 No. 5 (2026): Special Edition Part 1
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v12i5.47525

Abstract

Life insurance disputes in Indonesia often reveal a significant power imbalance between policyholders and insurance companies, which is traditionally exacerbated by Article 251 of the Commercial Code (KUHDagang) which allows unilateral cancellation of policies by insurance companies. This study aims to comprehensively examine the implications of the Constitutional Court Decision No. 83/PUU-XXII/2024 regarding the procedures and requirements for proving policy claims in life insurance disputes. This research adopts a normative juridical approach, utilizing qualitative descriptive-analytical methods to evaluate legal documents, norms, and principles. These findings indicate a paradigm shift from an insurance company-centric process to a balanced common legal framework. The Constitutional Court's decision eliminated the right of insurers to unilaterally cancel policies based on misrepresentations, now mandating collective bargaining or binding court decisions. As a result, the burden of proof is rebalanced, forcing insurers to undertake strict pre-event underwriting and proving material misrepresentation during dispute resolution. In conclusion, the ruling fundamentally restored the constitutional rights and legal certainty of policyholders. However, to fully realize this fair procedural shift, regulatory bodies and industry must implement operational harmonization, including revising standard policy clauses, establishing clear material evidence guidelines, and strengthening non-litigation mediation mechanisms.
Co-Authors Kamal Ubaidillah