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All Journal Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan International Journal of Social Science, Education, Communication and Economics
Wijaya Nugroho, Robert
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for Consumers of Unit Link Life Insurance Products Wijaya Nugroho, Robert; Marzuki, Yusron
International Journal of Social Science, Education, Communication and Economics Vol. 2 No. 6 (2024): February
Publisher : Lafadz Jaya Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sj.v2i6.260

Abstract

Insurance is a non-bank financial institution which has the main function of distributing and distributing risks by collecting funds or also known as premiums obtained from the public or companies by marking an agreement or policy in which there is various information regarding the agreement between the insurer and the policy holder which has the aim of positive for various parties. These various parties are insurance companies, policy holders and the government. Because of this positive goal, the existence of this insurance must be maintained and expanded along with its development. The manifestation of this supervision is manifested in several factors such as statutory regulations, understanding of the community, good faith on both parties and the professionalism of an insurance marketing personnel. The aim of this research is to identify legal certainty for consumers who purchase unit-linked life insurance products which are analyzed based on existing and applicable laws and regulations in Indonesia. This type of research is normative juridical, namely a type of research approach to laws and regulations that is linked to the existing case, namely the number of unit link policy holders who complained to the Financial Services Authority about the money in the policy running out or not in accordance with the explanation from the life insurance company marketing staff since 2019 until this writing was written.
JANJI SUCI YANG TERKOYAK OLEH PIHAK KETIGA: PERLINDUNGAN KONSUMEN ATAS INTERVENSI POLIS ASURANSI KESEHATAN BERBASIS CO-PAYMENT OLEH OTORITAS JASA KEUANGAN (OJK) DITINJAU DARI TEORI KEPASTIAN HUKUM Wijaya Nugroho, Robert; Elsina L, Rosalinda
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 11 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i11.3661

Abstract

This study examines the legal implications of the Financial Services Authority (OJK) Circular Letter No. 7 of 2025, which mandates a 10% Co-Payment system for all health insurance policyholders, including existing policies. Although the regulation aims to curb medical inflation and prevent moral hazard, it has sparked controversy for violating the principle of pacta sunt servanda—agreements must be kept—and for reducing consumer rights without consent. Using a normative legal approach, this research analyzes the legal standing of the circular within the framework of legal certainty and consumer protection theories. The findings indicate that Circular Letter 7/25 potentially exceeds its administrative authority, creates legal uncertainty, and contradicts the principles of consumer protection as stipulated in the Consumer Protection Law, the OJK Law, and the Insurance Law. The study emphasizes the need for a policy review to ensure a balance between the interests of the insurance industry and public welfare. It recommends that OJK coordinate with relevant ministries to address medical inflation through national healthcare cost regulation rather than by transferring additional financial burdens to policyholders.
Co-Authors Elsina L, Rosalinda Marzuki, Yusron