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All Journal Jurnal Ilmiah Wahana Pendidikan
Yasmin Surya Rahmalia
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Perusahaan Asuransi Dilindungi Secara Hukum Terhadap Tindakan Klaim Asuransi Yang Disalahgunakan Yasmin Surya Rahmalia
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 13 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.8160124

Abstract

Property insurance has become a popular choice among the public due to its rapid growth. This type of insurance provides compensation in the event of damage to insured properties, such as houses, office buildings, and others. The purpose of this research is to analyze the forms of insurance claim abuse and the legal protection available to insurance companies in dealing with claim misuse. The research methodology used is a normative juridical approach, employing both the statute approach and the conceptual approach to address the issue. Based on the research findings, it can be concluded that the misuse of insurance claims by certain individuals in leadership positions within companies, resulting in losses in claim payments, constitutes an unlawful act regulated under Article 1365 of the Civil Code. To protect insurance companies from losses caused by claim misuse, the individuals responsible for such actions are required to reimburse the misappropriated funds to the company.
Tinjauan Yuridis Praktik Persaingan Tidak Sehat ( Predatory Pricing) Terhadap Kasus Pt. Conch South Kalimantan Cement (Conch) Yasmin Surya Rahmalia
Jurnal Ilmiah Wahana Pendidikan Vol 9 No 14 (2023): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.8187025

Abstract

The practice of selling at a loss or predatory pricing that violates Article 20 of Law No. 5 of 1999 concerning unfair business competition and monopoly is the focus of discussion in this study. The research discusses legal regulations related to sale and loss agreements which can lead to unfair business competition, and analyzes Decision No.3/KPPU-L/2020 which is related to the case of selling at a loss by PT Conch South Kalimantan Cement. The results of the analysis show that the practice of sale and loss agreements is regulated in business competition law regulations, and business actors who carry out these practices violate the provisions of Article 20 Law No.5 of 1999. KPPU's decision Number 03/KPPU-L/2020 is based on an economic approach and law, and PT. Conch South Kalimantan Cement was rejected, strengthening the decisions of the KPPU and the Commercial Court.
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