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All Journal Legitima: Jurnal Hukum Keluarga Islam Legitima: Jurnal Hukum Keluarga Islam
Anisatul Latifah
Universitas Islam Negeri Sunan Kalijaga Yogyakarta
Religion Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Asuransi Sebagai Jaminan Hak Anak Dan Perlindungannya Dari Kekerasan Ekonomi Anisatul Latifah; Arif Sugitanata; Siti Khamidatus Sholikhah
Legitima : Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v5i2.4000

Abstract

Insurance is one of the financial institutions that provides guarantees to its customers for the losses they get or the guarantee of future funds after making an agreement contract, in the context of a family, children have rights that must be fulfilled as a mandate from God. Therefore, this study explains how insurance as a guarantee of children's rights and their protection from economic violence. By utilizing literature studies whose primary data sources come from books, journals and books of law related to the studies conducted, where the data is processed descriptively-analytically so as to be able to explain and describe the purpose of the research objectives carried out. The results of this study indicate that with the certainty of guarantee with the contract that has been agreed with the insurance company, the rights of children are more guaranteed to be carried out by parents in a situation even though they have died or after their parents retire from work. Although not achieved less than the maximum, the achievement of children's rights at least financial needs can be implemented with reasonable standards, not not implemented at all. OJK is an institution appointed by law as the party responsible for protecting the insured. The form of this responsibility is to receive complaints, resolve insurance business disputes and facilitate the settlement of insurance claim disputes in accordance with the agreement of the parties.
Perlindungan Anak dari Kekerasan Ekonomi melalui Asuransi: Analisis Peran Otoritas Jasa Keuangan dalam Meningkatkan Jaminan Hak Anak Anisatul Latifah; Arif Sugitanata; Siti Khamidatus Sholikhah
Legitima : Jurnal Hukum Keluarga Islam Vol. 5 No. 2 (2023): Legitima : Jurnal Hukum Keluarga Islam
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/legitima.v5i2.4000

Abstract

Purpose – This research aims to elucidate in detail how insurance can serve as a vital instrument in ensuring the rights of children and shielding them from the detrimental impacts of economic violence. Methods – The research methodology employed is a thorough literature review encompassing primary data sources from pertinent books, journals, and legal texts related to the research topic. Subsequently, the acquired data is subjected to descriptive-analytical analysis to unveil the underlying objectives of the research. Findings – The results indicate that the security provided by insurance contracts is instrumental in safeguarding the rights of children, particularly in situations where parental figures have passed away or retired from employment. While the fulfillment of children's rights may not have reached an optimal level, their financial needs can be met to a reasonable extent, thanks to the role played by insurance. Additionally, this research underscores the crucial role played by the Financial Services Authority (OJK) in upholding justice and ensuring effective protection for children who are vulnerable in the context of economic violence. The OJK is tasked not only with receiving complaints but also with resolving disputes related to insurance businesses and facilitating the settlement of insurance claim disputes in accordance with the agreements reached by the involved parties. Research implications – The theoretical implication of this research lies in its contribution to broadening our comprehension of the role of insurance in the realm of child protection. Moreover, its originality is underscored by the integration of distributive justice principles and contract theory, enriching our understanding of this dynamic interplay within the context of child protection mechanisms. Originality/value – In conclusion, this research underscores the significance of collaborative efforts among governmental bodies, financial institutions, and communities in enhancing the safeguarding of children from economic violence, utilizing insurance as a potent tool for protection.
Co-Authors Arif Sugitanata Siti Khamidatus Sholikhah