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Application Of Business Principles Insurance In Indonesia B. Parera, Agustinus; Tumanggor, M.S
Journal of Law, Politic and Humanities Vol. 2 No. 1 (2021): (JLPH) Journal of Law, Politic and Humanities (November 2021)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (896.241 KB) | DOI: 10.38035/jlph.v2i1.49

Abstract

The insurance business in Indonesia, occurs in line with the expectations and challenges of the development of the non-bank insurance financial industry must deal with the problem of the world pandemic covid 19 because of the will of nature, related to the condition of the rill business that must be faced even often occurs in business people who are in the insurance world. This requires that business people must hold firm to the so-called prinsisip - principles or principles - insurance principles there are six principles, among others (1) Utmost Good Faith, (2) Insurable Interest, (3) Idemnity, (4) Subrogation, (5) Contribution,(6) Follow The Furtune Losses can occur between both parties, need balance(equality),equally and not true viewed from the side of the insured and the insurer himself, against violations that occur on the principles of insurance law, namely the principle of Utmost Good Faith,the etiquette of trueperfection, here is sometimes difficult to realize (integrity). In fact, because business people are humans not robots. Followed by the principle of Insurable Interest here it is important that there is no element of gambling (try - try / speculation), gambling for profit. The author argues that the two main and most important principles are barometer indicators for theinsurancebusiness, followed or supported by the four (4) principlesthat are interconnected or related and mutually supported against one principle with another, there are even other unnecessary principles, such as indemnity becauseit is not lifeinsurance. Therefore, it should be that a fair or good insurance business musthold firm to thesix principles of insurance law mentioned above, but the first principle (1) and second (2) are the main and most important legal principles and must be enforced to achieve justice(iustum)for the parties.
Pertanggungjawaban Hukum Pelaku Usaha E-Commerce Atas Terjadinya Pencurian Data Konsumen Melalui Aplikasi Tokopedia Berdasarkan Pasal 19 dan Pasal 62 Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Nugraha, Sakti; Andayani, Dwi; Tumanggor, M.S
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1165

Abstract

In Indonesia, in practice, it is known that carrying out business and trade through electronic media or e-commerce, such as through online shopping applications, such as Shopee, TokoPedia, BukaLapak, and OLX, has the risk of violating the law and rights, both violations of the law and the rights of sellers and buyers. , as well as to business actors, the fact is that the Tokopedia application was lost due to theft of consumer data carried out by irresponsible parties, which happened in the case of Decision 235/PDT.G/ 2020/PN.JKT.PST, which in this case It is known that there has been theft of consumer data using the Tokopedia application. The aim of this research is to provide legal protection for consumers regarding personal data in e-commerce applications, and to formulate the legal responsibility of e-commerce business actors for theft of consumers' personal data. The research method used in this research is a normative juridical research method. The materials studied are primary, secondary and tertiary legal materials. Then the results obtained in this research are based on the analysis carried out by researchers. The responsibility of e-commerce business actors regarding the security of consumers’ personal data is often ignored by the government, and it is not uncommon for e-commerce business actors to escape legal responsibility, even though it is clearly known that data Consumers’ personal privacy being stolen can of course result in many things, such as misuse of data for general fraud purposes, debt and receivable fraud, and other problems which of course can be detrimental to consumers, in this case the public in general. The issue of legal protection of personal data has not yet received special attention from either the government or law enforcement officials.