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Pelaksanaan Prinsip Subrogasi Pada Asuransi Kendaraan Bermotor Menurut Kitab Undang-Undang Hukum Dagang Santri, Selvi Harvia
UIR Law Review Vol 2 No 02 (2018): UIR Law Review, Oktober 2018
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 Santri, Selvi Harvia
UIR Law Review Vol 3 No 01 (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.

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.

Custom Sanctions for Sanctions on Same Marriage in Petalangan Malay Community Viewed from Islamic Law M Rivaldo; Desi Apriani; Selvi Harvia Santri; Rosyidi Hamzah; Syafrinaldi Syafrinaldi; Heni Susanti; Irwanto Irwanto
Proceeding International Conference on Malay Identity Vol. 2 (2021): Desember 2021
Publisher : Jurusan Sejarah, Seni, dan Arkeologi, FKIP, Universitas Jambi

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Abstract Same-tribal marriages are common nowadays, because men and women love each other. However, this research focuses on the customary sanctions for same-ethnic marriages carried out by the Petalangan Malay indigenous people. Same-tribal marriage in Islam has no rules, but in customary law, same-tribal marriage will result in the consequences of customary law that applies in the Petalangan Malay indigenous people. Based on the background of the problem, the formulation of the problem raised is, what is the history of the Prohibition of Same-ethnic Marriage in the Petalangan Malay Indigenous Community in the Perbatinan Bunut Region. The research method is sociological law which is research that goes directly to the field. This research was conducted in the Balam Merah Spiritual Area, Pelalawan Regency. From this research, it is known that historically the prohibition on same-ethnic marriages for ninik mamak testifies that one person or one ethnic group is brother and sister. Therefore, if a person or group of people is prohibited from marrying, the prohibition is highly trusted and if it is carried out, bad things will happen to the couple and they are afraid of sanctions

The view of Islamic Law on Petalangan Malay Indigenous Peoples who Perform Inter-tribal Marriages M Rivaldo; Desi Apriani; Heni Susanti; M Musa; Evi Yanti; Selvi Harvia Santri
Proceeding International Conference on Malay Identity Vol. 2 (2021): Desember 2021
Publisher : Jurusan Sejarah, Seni, dan Arkeologi, FKIP, Universitas Jambi

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Abstract Purpose from research this is for knowing the view of Islamic Law on Sanctions given to the Malay Customary Society Adventurers who do Marriage A tribe. Method research used is ethod research A sociologist who is plunged research directly to field. Research this done in Perbatinan Region Balam Merah District Opponent. In the Qur'an and Hadith no found about obligations or forbid marriage a tribe Customs that exist in the tribe Malay about ban married a tribe this grounded above existing confidence regularly down hereditary from generation generation. Though customs Malay Adventure forbid marriage a tribe, however marriage the said no ever canceled and fixed considered valid marriage that has been done one quarter said. This indicate marriage a tribe not including illegal category. Because if a marriage banned then marriage the said should cancelled. Malay community Adventure consider marriage a tribe can However no good for done

ANALISIS PERAN BADAN PENGAWAS PEMILU DALAM PENEGAKAN HUKUM PEMILU Syafriadi Syafriadi; Selvi Harvia Santri
REFORMASI Vol 13, No 1 (2023)
Publisher : Universitas Tribhuwana Tunggadewi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33366/rfr.v13i1.3845

The Election Supervisory Body (Bawaslu) has a role in maximizing the quality of the implementation of elections so as to provide certainty for the upholding of sovereignty and the pure results of the votes that will be cast by the community. Regulations for regulating the authority regarding Bawaslu in Indonesia are regulated in Law Number. 2 of 2015, this rule regulates the role and duties of Bawaslu, one of which is as a structure in election supervision related to law enforcement in the holding of elections. Bawaslu has very limited duties in carrying out its role as an election organizer, there is always news that mentions the weak supervision carried out by Bawaslu in holding elections. Community expectations for Bawaslu in carrying out their role are very high, but, on the other hand, the limited authority given to Bawaslu makes their role dysfunctional. The ineffectiveness of the duties carried out by Bawaslu will affect the implementation of the election administration. The purpose of this study is to examine and examine the role of Bawaslu in carrying out their duties in supervising the implementation of elections in society. The method used in this research is normative legal research. Bawaslu has roles and duties that have been regulated in laws and regulations, namely overseeing the stages of the election implementation process with regard to efforts to prevent prosecution of violations that occur in elections.AbstrakBadan Pengawas Pemilu (Bawaslu) memiliki peran dalam hal memaksimalkan kualitas pelaksanaan penyelenggaraan Pemilu sehingga memberikan kepastian untuk tegaknya kedaulatan dan murninya hasil suara masyarakat. Peraturan untuk mengatur kewenangan mengenai Bawaslu di Indonesia diatur pada UU Nomor 2 tahun 2015, aturan ini mengatur peran dan tugas Bawaslu, salah satunya sebagai struktur dalam pengawasan Pemilu yang berkaitan dengan hal penegakan hukum pada penyelenggaraan Pemilu. Bawaslu memiliki tugas yang sangat terbatas dalam menjalankan peran sebagai pelaksanaan Pemilu. Ada saja berita yang menyebutkan lemahnya pengawasan yang dilakukan bawaslu dalam penyelenggaaan pemilu. Harapan masyarakat terhadap bawaslu dalam menjalankan perannya sangatlah tinggi, tetapi, di sisi lain, keterbatasan kewenangan yang diberikan kepada Bawaslu menjadikan perannya tidak berfungsi. Ketidakefektifan tugas yang dilakukan Bawaslu akan mempengaruhi pelaksanaan penyelenggaraan Pemilu. Tujuan penelitian ini adalah untuk mengkaji dan menelaah peran Bawaslu dalam melaksanakan tugasnya dalam pengawasan pelaksanaan penyelenggaraan Pemilu di masyarakat. Metode yang digunakan dalam penelitian ini adalah jenis penelitian hukum normatif. Hasil penelitian menunjukkan bahwa Bawaslu memiliki peran dan tugas yang telah diatur dalam peraturan perundang-undangan yaitu mengawasi tahapan proses pelaksanaan Pemilu yang berkenaan dengan upaya pencegahaan penindakan pelanggaran yang terjadi dalam Pemilu.

Pengaturan Perjanjian Asuransi Jiwa Unitlink dalam Kaitannya dengan Perlindungan Hukum Pemegang Polis Selvi Harvia Santri; Wetria Fauzi
UNES Law Review Vol. 6 No. 1 (2023): UNES LAW REVIEW (September 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1131

Insurance is a financial service product that offers risk protection against losses. Risks can vary, such as the risk of death, risk of disability, and risk of asset damage. Insurance that is currently in great demand is unit-link life insurance, which not only provides protection for life but also investment. In Unitlink Insurance, part of the money deposited in premiums will be used for the customer's investment needs. However, in practice, unitlink life insurance products cause many problems, namely failure to pay unitlink life insurance companies in disbursing claims to policyholders, therefore policyholders need legal protection to obtain their rights, clear and firm legal regulations are needed that regulate legal protection the policy holder. The aim of this research is to determine the regulation of unitlink life insurance and to determine the form of legal protection for unitlink life insurance policy holders. The type of research used is normative juridical. The results of this research show that unitlink life insurance regulations are contained in several provisions, namely Law No. 40 of 2014 and POJK provisions. Legal protection for policy holders is regulated in article 53 of Law No. 40 of 2014 concerning Insurance Business which states that legal protection for policy holders is carried out by means of the insurance company being obliged to register insurance with the policy guarantee institution. The form of legal protection for policy holders is also regulated in Law No. 8 of 1999 concerning Consumer Protection regarding the Rights and Obligations of Business Actors, in this case Insurance Companies.

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