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All Journal International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT) JURNAL PUBLIK REFORM MILRev: Metro Islamic Law Review
Isdiana Syafitri
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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EFEKTIFITAS ALOKASI DANA DESA (ADD) DALAM MENGENTASKAN KEMISKINAN MENURUT UNDANG-UNDANG NO.6 TAHHUN 2014 TENTANG DESA Isdiana Syafitri
Jurnal Publik Vol 1, No 1 (2016)
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/jpr.v1i1.298

Abstract

ANALYSIS OF LEGAL CERTAINTY AND CHALLENGES IN THE ESTABLISHMENT OF POLICY GUARANTEE INSTITUTIONS IN INDONESIA Isdiana Syafitri; Sunarmi; Tan Kamello; Hasim Purba
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 6 No. 1 (2024): 7th IHERT (2024): IHERT (2024) FIRST ISSUE: International Conference on Health
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v6i1.382

Abstract

Insurance is a financial services business that collects public funds and provides protection against losses due to an uncertain event. For supervision, the government has formed an Insurance Supervisory Agency, namely the OJK (Financial Services Authority) which functions to encourage the progress of the financial services industry and protect insurance customers. Indonesia has Law Number 40 of 2014 concerning Insurance. This study aims to provide legal protection for insurance customers in overcoming the risk of default and awaiting the formation of the Policy Guarantor Institution. Cases of unit link insurance defaults and governance violations have also occurred in several insurance companies. Such as Bakrie Insurance, Asuransji Jiwasraya, Bumiputera Insurance and Kresna Insurance. The Financial Services Authority imposes sanctions on defaulted insurance companies, including: written warnings, revoking business licenses and bankruptcy. This research is of a normative juridical nature that is qualitative descriptive. This study shows how the insurance industry in Indonesia provides protection for customer funds in resolving defaults to realize legal certainty by forming a policy guarantor program. In conclusion, although OJK imposes sanctions in cases of default, it does not appear that policyholders are protected, especially in the disbursement of claims. Therefore, a Policy Guarantor Institution needs to be formed as soon as possible to realize legal certainty.
Contemporary Legal Certainty in Insurance Default Claims: A Comparative Study of Islamic and Positive Law Perspectives Isdiana Syafitri; Sunarmi; Kamello, Tan; Purba, Hasim
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10465

Abstract

The breach of contract (wanprestasi) in contemporary insurance practices often results in legal uncertainty, particularly for insured parties who experience losses due to denied or inadequately fulfilled claims. This article examines the legal challenges associated with breach of contract claims in the Indonesian insurance context through a comparative analysis of positive and Islamic law perspectives. Utilizing a normative juridical approach, the study analyzes relevant legislation, including the Indonesian Civil Code (KUHPer) and Financial Services Authority (OJK) regulations, alongside principles of fiqh muamalah related to contracts, justice, and legal certainty. The findings reveal that while positive law offers a relatively structured legal framework, its practical implementation still encounters significant barriers to ensuring adequate legal protection. Conversely, Islamic law underscores the importance of contract clarity—particularly in tabarru' and tijarah agreements—and upholds justice as a core value in transactional relationships. These principles can enhance legal certainty and ethical standards in dispute resolution processes when applied. This article contributes to the academic discourse by providing a theoretical and comparative foundation for developing a more inclusive and justice-oriented insurance dispute resolution model that integrates national legal norms and Islamic ethical values. It is expected to offer valuable insights for policymakers, legal scholars, and practitioners in designing responsive insurance policies aligned with the needs of a pluralistic society.
Co-Authors HASIM PURBA Sunarmi Tan Kamello Tan Kamello