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All Journal UIR LAW REVIEW JURNAL CENDEKIA HUKUM Aspirasi : Jurnal Masalah-masalah Sosial Prophetic Law Review UNES Journal of Swara Justisia Hawa : Jurnal Pemberdayaan Dan Pengabdian Masyarakat (HAWAJPPM)

Selvi Harvia Santri, Selvi Harvia

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Author-ID : 616795

Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences

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Title

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.

Co-Authors Afrinaldy Rustam, Afrinaldy Malik, Annisa Dwi Pulungan, Boby Indra Silvina Syafriadi Tawakkal Baharuddin, Tawakkal Wedayanti, Made Devi Yogia, Moris Adidi

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