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Journal : ISNU Nine-Star Multidisciplinary Journal (INS9MJ)

Legal Certainty Aspects of Securities as Debt Collateral in Lawsuit Processes Dinda Seplinar Batubara; Keisyah Yuvi Amanda; Devani Agustia; M. Farhan Maulana; Fitra Ardiansyah
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.931

Abstract

Securities play a strategic role in financial transactions as instruments that can be used as collateral for debt. However, in practice, issues arise regarding the legal certainty of securities in lawsuits, particularly when disputes arise between creditors and debtors. This study aims to examine the extent to which securities provide legal certainty in the process of enforcing creditors' rights through litigation. The research method used is a normative-juridical approach with an analysis of laws and regulations, jurisprudence, and legal doctrine. The results show that although securities such as checks and giro bills have the power to serve as evidence and collateral, their application in judicial practice still faces procedural obstacles and varying legal interpretations. Therefore, strengthening regulations and consistent legal application are needed to ensure legal certainty for the parties.
Legal Protection in the Indonesian Insurance Industry: A Comprehensive Analysis Shaila Aulia Prilini; Fitrah Ardiansyah; Aulia Pratama; Dinda Seplinar Batubara; Annisa Larasati
ISNU Nine-Star Multidisciplinary Journal Vol. 2 No. 3 (2025): Vol.2 No.3 Desember 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/ins9mj.v2i3.932

Abstract

The development of the insurance industry in Indonesia demands a strong and effective legal system to protect the interests of all parties, including insurance companies, insureds, and regulators. However, there are still challenges in the implementation of basic insurance legal principles, such as the principles of good faith, indemnity, subrogation, and contribution, so a comprehensive study of the theoretical foundations, regulations, and practices in the field is needed. This study aims to analyze insurance law in Indonesia comprehensively, by assessing the suitability of theory, regulation, and implementation. The method used is normative legal research, which focuses on the study of laws and regulations, legal doctrine, and case analysis to assess the application of law in practice. This study covers Law Number 40 of 2014 concerning Insurance and its implementing regulations, including the Financial Services Authority (POJK) regulations. The results show that although regulations have provided a clear legal framework, there are a number of obstacles in implementation, such as lack of understanding of the insured, complex administrative practices, and limited oversight. This study concludes that the harmonization between insurance legal principles, regulations, and practices needs to be strengthened to ensure optimal legal protection, while encouraging the operational effectiveness of the insurance industry in Indonesia.