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Prinsip Utmost Good Faith Dalam Perjanjian Asuransi Kerugian Selvi Harvia Santri
UIR Law Review Vol. 1 No. 1 (2017): UIR Law Review
Publisher : UIR Press

Insurance as a business activity are required to meet the principles of insurance law. One of the principles that must be adhered to is the principle of utmost good faith. This principle states that an insured is required to provide truthful information about what the insured to the insurer. By law, this principle is set in the Code of Commerce. The lack of honesty in the insurance business will have an impact on the cancellation of appointments per disability insurance because there is an element of the will. In accordance with Article 251 Commercial code which reads "Any information that is false or incorrect, or each do not tell things that are known by sitertanggung, however good faith to him, such a character, so if sipenanggung have to know the real situation, the agreement would not be covered by the same terms, resulting in the cancellation of pertangungan

Pelaksanaan Prinsip Subrogasi Pada Asuransi Kendaraan Bermotor Menurut Kitab Undang-Undang Hukum Dagang Selvi Harvia Santri
UIR Law Review Vol. 2 No. 2 (2018): UIR Law Review
Publisher : UIR Press

Under the provisions of Article 284 of the Commercial Law, in Motorized vehicle insurance, if the insured loss is caused by a third party, the compensation will be transferred to a third party and not to the insurance party. In accordance with the application of the principle of subrogation. But in reality the insured party still asks for compensation to the insurer and to the third party, so that the insured gets a double benefit that is contrary to the principle of indemnity in the insurance law. With this research is expected to be one of the readings that can provide knowledge about insurance for the general public and for insurance or insurance customers in particular. Make a bright spot for the reason why the insurer does not apply the principle of subrogation in accordance with the provisions of the Trade Law, which results in the insured obtaining a double benefit that is contrary to the principle of insurance.

Penerapan Prinsip Indemnitas Pada Asuransi Kendaraan Bermotor Selvi Harvia Santri
UIR Law Review Vol. 3 No. 1 (2019): UIR Law Review
Publisher : UIR Press

The loss suffered by the insured can be processed by submitting a claim to the insurance company, so that compensation can be paid. The compensation referred to in insurance must apply the principle of Indemnity. This principle applies the principle of equilibrium, where compensation imposed by the insured may not exceed the price or the sum insured submitted prior to the loss. This principle only applies to loss insurance, not to insurance amount of money (Life insurance). The problem discussed is how to regulate the principle of Indemnity on Motor Vehicle Insurance and how to apply the principle of Indemnity to Motor Vehicle Insurance. The purpose of this paper is to determine the regulation and application of the principle of Indemnity on Motor Vehicle Insurance. The Legal Research Method used is an Empirical Jurisdiction by observing Insurance companies then analyzing the results according to existing insurance law regulations. Results and Discussion The regulation of the Indemnity Principle on Motorized Vehicle Insurance is only discussed in the Commercial Law Act, namely article 246 KUHD, Article 353 KUHD, while Law No. 40 of 2014 concerning Insurance Business Has not discussed in detail the Indemnity arrangement, so new provisions specifically discussing the Principle of Indemnity. The application of the Indemnity Principle to Motor Vehicle Insurance is set forth in the Indonesian Motor Vehicle Standard Policy. In practice the principle of indemnity has not been carried out according to the policy, so that it can cause obstacles in compensation.

Perlindungan Hukum Pemegang Polis Asuransi Jiwa Terhadap Penetapan Klausula Baku Selvi Harvia Santri; Rahdiansyah Rahdiansyah
UIR Law Review Vol. 4 No. 1 (2020): UIR Law Review
Publisher : UIR Press

The agreement that occurred between the insurance company and the insured was outlined in the policy. The insurance policy is standard or standard, meaning that the policy has been issued in advance by the insurance company. According to the provisions of the policy or form of insurance agreement with any name, the following attachments may not contain different words or interpretations, but in reality the policies issued by insurance companies contain languages that contain different interpretations by the parties resulting in the rejection of the claims submitted by the insured or the holder policy. The issues raised in this paper are how is the standard contract arrangements for life insurance policies in Indonesia and how is the form of legal protection of policy holders for the application of life insurance policy standard clauses in Indonesia? The research method used is empirical juridical by conducting field observations through interviews to the parties later Interview results are analyzed in accordance with insurance regulations in Indonesia. The purpose of this paper is to find out the rules governing standard life insurance contracts in Indonesia and to find out the form of legal protection for policy holders against the application of a standard life insurance policy clause in Indonesia. Standard contract arrangements in Indonesia are regulated based on OJK Financial Services Authority Regulation No. 1 / POJK.07 / 2013 and Law No. 8 of 1999 concerning consumer protection and Government Regulation No. 73 of 1992 Article (19), and Law No. 40 of 2014 concerning Insurance Business, while the form of legal protection of policyholders in applying standard contracts to life insurance policy is an insurance company responsible for providing compensation if a claim is claimed by the insured, which has fulfilled the provisions in the life insurance policy, if it raises a dispute the insured is entitled to settle a dispute through a mediation institution based on Article 54 CHAPTER XI of Law number 40 concerning Insurance namely regarding the legal protection of policyholders, for the insured and insurance companies.

PENERAPAN AZAS KEADILAN PADA PERJANJIAN ASURANSI DALAM UPAYA MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP PEMEGANG POLIS Selvi Harvia Santri
UIR Law Review Vol. 8 No. 1 (2024): Vol. 8 No. 1 (2024): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2024.vol8(1).15691

Humans will always face risks that cause losses in carrying out their daily activities, both risks to property and life. The policy serves as written proof that insurance has occurred. In the case of taking out a policy, the position of the insurer will be stronger than that of the policy holder or insured so that injustice occurs, where in practice the policy has been prepared by the insurance company, so this brings benefits to the insurance company itself, the company has the right to determine the contents of the agreement, the party The insured is in a weak position because he does not participate in determining the contents of the agreement, so a form of legal protection is needed for the policy holder or insured (consumer). There is an imbalance between the rights and obligations of the parties. So there is the potential for insurance companies to tend to protect their interests in such a way by setting a number of provisions that limit the rights of the insured so that the standard contract can become a unilateral clause

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