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All Journal Jurnal Hukum Lex Generalis Asian Journal of Social and Humanities
Yofi Permatasari
Universitas Tarumanagara
Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Legal Protection of Policyholders for Claim Issues Insurance coverage based on positive Indonesian law Andika Jinaratana; Yofi Permatasari; Meliana Kartika H
Asian Journal of Social and Humanities Vol. 1 No. 07 (2023): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v1i07.32

Abstract

This paper reviews the legal protection for insurance policyholders according to Indonesian positive law. This is aimed at increasing our understanding of the concept of insurance and how legal protection is for policyholders for problems with claims for insurance coverage and how the liability of the insurance company as the insurer is towards the insured, namely the policyholder. Insurance policy holders are generally individuals, many of whom are people who are unfamiliar with the law and must be confronted with insurance companies, so based on this it is important for positive law to provide legal protection for insurance policy holders from violations of the law by insurance companies and of course all forms included law violations must be held accountable.
Penerapan Teori Positivisme Hukum dalam Penyelesaian Perkara Kepailitan di Indonesia Yofi Permatasari; Rasji
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.867

Abstract

This research aims to find out the concept of legal positivism theory in the Indonesian legal system along with its application in bankruptcy cases in Indonesia. The research method used is a literature study with the nature of descriptive research and the type of data used is secondary data through qualitative analysis. The results of the study show that legal certainty is able to provide guarantees to the community of the rights they have in order to realize a fair and proportionate law. In bankruptcy, there is the influence of positivism through Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations has applied several principles, namely the principle of balance, the principle of business continuity, the principle of justice and the principle of integrity.
Perspektif Politik Hukum Sehubungan Ketentuan Pembuktian Secara Sederhana Dalam Penyelesaian Utang-Piutang Menurut Hukum Kepailitan Yofi Permatasari; Ariawan Gunadi
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.899

Abstract

This study aims to determine the perspective of legal politics in relation to the provisions of simple proof in the settlement of debts in bankruptcy law. The research method used in this study is a literature study which is a study that focuses on the analysis of written materials based on their context. The written materials used in this study are in the form of manuscripts, articles, and journals. This study uses a descriptive research nature that prioritizes explanations regarding the object of research. The results obtained are that simple proof is a proof that focuses on examining bankruptcy petition cases. Where the petition for a statement of bankruptcy must be granted if there is a fact that the debtor has 2 or more creditors and has debts that are due and can be collected. In relation to legal politics, the amendment of Law Number 4 of 1998 to Law Number 37 of 2004 is difficult, because there are several obstacles in changing it.
Co-Authors Andika Jinaratana Ariawan Gunadi Meliana Kartika H Rasji