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All Journal JURNAL EMBA : JURNAL RISET EKONOMI, MANAJEMEN, BISNIS DAN AKUNTANSI Jurnal Ilmiah Pangabdhi Martabe : Jurnal Pengabdian Kepada Masyarakat LEGAL BRIEF Journal of Tropical Food and Agroindustrial Technology Kreativitas Pada Pengabdian Masyarakat (Krepa) Jurnal Pengabdian Sosial
Putri, Aprilia
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Journal : LEGAL BRIEF

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Position of the Principle of Good Faith in Life Insurance Agreements Study of Decision No. 489/Pdt.G/2021/Pn.Mdn Putri, Aprilia; Purwanto, Purwanto; Hediati, Febri Noor
LEGAL BRIEF Vol. 13 No. 4 (2024): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i4.1108

Abstract

Insurance is regulated by Law No. 40 of 2014 concerning Insurance. The three main parties involved in insurance are the policyholder, the insured, and the insurer. The basic principle in an insurance agreement is good faith, which refers to mutual trust between the parties. However, disputes often occur regarding the implementation of this principle, such as unilateral policy cancellation and rejection of life insurance claims, which reflect a lack of good faith. This study aims to analyze the position of the principle of good faith in life insurance agreements at PT. Asuransi Allianz Life Indonesia, as well as to consider the legal basis of judges in cases of policy cancellation and claim rejection as stated in Decision No. 489/Pdt.G/2021/PN Mdn. The approach used is doctrinal research, focusing on the analysis of legal norms, including relevant legal theories and principles. The results of the study indicate that the principle of good faith in life insurance agreements at PT. Allianz Life Indonesia is based on trust between the insurer and the insured to reach a fair and transparent agreement. If this principle is ignored, disputes cannot be avoided. In his decision, the judge did not specifically refer to the Insurance Law or the Civil Code, but based his decision on the trial facts and evidence provided by the parties.
Co-Authors AA Sudharmawan, AA Agus Mulyawan, Agus Arziyah, Dewi Aurellia, Naila Ayu Yolanda, Sintia Azizah, Zalilah Efriyenti, Dian Harahap, Erlina Hediati, Febri Noor Ikasaputri, Normita Joanita Jalianery Khistiany Yoessandy, Novarianty Kristanto, Kiki Kristanto, Natanael Kristian, Kristian Lukas, Yuapri Marlina, Eli Ning Asih, Eka Nurrahema Nyngrum, Kalika Waranggani Purwanto Purwanto Qomariyah, Adinda Nuril Rahmaniah, Siti Ramadhan, Muhammad Fadillah Siregar, Ihsan Wiwik Novitasari wulandari , retno Yani, Rahma Yestati, Ariani