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All Journal ARBITER: Jurnal Ilmiah Magister Hukum JUNCTO: Jurnal Ilmiah Hukum
Riska Fitriani Siregar
Universitas Medan Area
Law, Crime, Criminology & Criminal Justice

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Pertanggungjawaban Perusahaan Asuransi Terhadap Pemegang Polis Yang Mengalami Status Polis Lapse (Kehilangan) Akibat Kelalaian Agen Dalam Pembayaran Angsuran Premi (Studi Kasus Putusan No.320/Pdt.G/2019/PN Mdn) Riska Fitriani Siregar; Muhammmad Citra Ramadhan; Marsella Marsella
ARBITER: Jurnal Ilmiah Magister Hukum Vol 4, No 1 (2022): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v4i1.1207

Abstract

In Insurance there is an insurance agreement, explained in the Civil Code: there is an "agreement" which is a condition that must be fulfilled for an agreement to be valid, an insurance agreement will form a legal relationship that is reflected in the agreement, an agreement that regulates terms and obligations, the importance of insurance in its development to advance the development of insurance. Paying premiums is not on time, so the insurance claim submitted is rejected by the company, because it is already in a state of lapse. Not paying is not the insured's fault, but the agent's fault for not depositing the premium to the company. This study aims to determine how agents are arranged in insurance companies in Indonesia and how are insurance companies accountable to customers who experience policy lapse due to agent negligence in paying premiums (Decision No.320.G/2019/PN Mdn). The research method of this thesis was carried out based on reading sources, laws, books, internet, journals, field research, directly conducting research to the Medan District Court with interviews. The results of the study explain that the defendant (PT. Prudential life Assurance) is completely irresponsible and there is no good faith towards the plaintiff (yurnawilis) claiming the insured late. Ambun Sari (the plaintiff's biological mother), the case was also declared obscuur libel (blurred) posita and the plaintiff's petitum are not related, it does not mean that the defendant is not responsible for the insurance claim.
Pertanggungjawaban Perusahaan Asuransi Terhadap Pemegang Polis Yang Mengalami Status Polis Lapse (Kehilangan) Akibat Kelalaian Agen Dalam Pembayaran Angsuran Premi (Studi Kasus Putusan No.320/Pdt.G/2019/Pn Mdn) Riska Fitriani Siregar; M.Citra Ramadhan; Marsella Marsella
JUNCTO: Jurnal Ilmiah Hukum Vol 5, No 1 (2023): JUNCTO : Jurnal Ilmiah Hukum Juni
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v5i1.1366

Abstract

The existence of an agreement is a condition that must be met for the validity of an agreement. The agreement regulates the rights and obligations, the importance of insurance in its development to advance the development of insurance. Paying the premium is not on time, so that the insurance claim submitted is rejected by the company, because it is already in a state of Lapse. Failure to pay is not the insured's fault, but the agent's fault for not paying the premium to the company. This study aims to find out how agents are regulated in insurance companies in Indonesia and how insurance companies are responsible for customers who experience policy lapse due to agent negligence in paying premiums. Normative juridical research methods. The nature of the research is analytical descriptive with a literature study approach (Library Research) and field studies at the Medan District Court (Case Study of Decision No.320/Pdt.G/2019/Pn Mdn). The results of the study explained that the defendant (PT. Prudential Life Assurance) was completely irresponsible and there was no good faith towards the plaintiff (yurnawilis) who claimed the insurance of the deceased insured. Ambun Sari (the plaintiff's biological mother), the case was also stated as obscuur libel (fuzzy) posita and the plaintiff's petitum were not related, it does not mean that the defendant was not responsible for insurance claims.
Co-Authors M.Citra Ramadhan Marsella Marsella Muhammmad Citra Ramadhan