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All Journal Awang Long Law Review Socius: Social Sciences Research Journal
Asyraf, Alviami Ghina
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Pelindungan Hukum Terhadap Tertanggung Atas Penutupan Polis Asuransi Jiwa Kredit Tanpa Medical Check Up (Studi Putusan Nomor 38/Pdt.G/2023/Pn Tgl) Asyraf, Alviami Ghina; S, Sunarmi; M, Mulhadi
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 2, No 5 (2024): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

This scientific paper aims to analyze the **legal protection for the insured** in the context of concluding a life insurance policy for credit without undergoing a **medical check-up**. The issuance of a policy without a health examination can pose potential risks and consequences for the insured, particularly regarding the claims process in the future. This research utilizes a case study from **Decision No. 38/Pdt.G/2023/PN Tgl**, which illustrates how this practice can affect the rights of the insured. The findings indicate that while the issuance of life insurance policies for credit without a medical check-up provides convenience for clients, it also raises legal issues related to the validity of the contract and the obligations of the insurance company. The court's decision in this case study highlights the importance of legal protection for the insured and the necessity for transparency in the policy issuance process. Thus, this paper underscores the importance of a clear understanding of the rights of the insured and the need for adequate regulations to safeguard their interests within the insurance industry. 
PROTECTION LAW TO EXPERT THE HEIRS ARE LIABLE FOR THE CLOSURE OF THE POLICY INSURANCE SOUL CREDIT WITHOUT MEDICAL CHECK UP Asyraf, Alviami Ghina; Sunarmi; Mulhadi
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1460

Abstract

This research focuses on a normative study of the regulations for closing life insurance policies according to Indonesian laws and regulations. This is followed by an analysis of legal protection for the insured's heirs as policy holders regarding the practice of closing credit life insurance policies without medical check-ups, as well as an analysis of the Judge's considerations and decisions regarding the importance of medical check-ups before closing credit life insurance policies using Decision Number 38/Pdt .G/2023/PN Date as object of study. This research is descriptive normative legal research, with a statutory, conceptual and case approach. The data used is secondary data, which was collected using library study data collection tools using document study techniques. The data was then analyzed using qualitative data analysis methods and drawing conclusions deductively.The research concludes that the arrangements for closing life insurance policies in Indonesia are transparent and provide protection for the insured. OJK requires insurance companies to ensure prospective insureds understand the terms and risks, including the importance of health checks. Legal protection for the insured's heirs is regulated in Article 22-26 POJK No. 20/2023 concerning Insurance Linked to Credit, which highlights the importance of information transparency. If the claim is rejected due to the absence of a medical examination, the insured's heirs can file a lawsuit in District Court. Decision Number 38/Pdt.G/2023/PN Tgl emphasizes the importance of a medical examination before closing a policy, reflecting the principle of prudence and utmost good faith. This decision provides justice, certainty and benefits for policyholders by guaranteeing claim payments according to the provisions. It is recommended that there be detailed regulations regarding mandatory medical check-ups and transparency of information in credit life insurance. Insurance companies and banks must also increase the education of prospective insureds regarding the importance of medical examinations before disbursing credit.
PROTECTION LAW TO EXPERT THE HEIRS ARE LIABLE FOR THE CLOSURE OF THE POLICY INSURANCE SOUL CREDIT WITHOUT MEDICAL CHECK UP Asyraf, Alviami Ghina; Sunarmi; Mulhadi
Awang Long Law Review Vol. 7 No. 1 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v7i1.1460

Abstract

This research focuses on a normative study of the regulations for closing life insurance policies according to Indonesian laws and regulations. This is followed by an analysis of legal protection for the insured's heirs as policy holders regarding the practice of closing credit life insurance policies without medical check-ups, as well as an analysis of the Judge's considerations and decisions regarding the importance of medical check-ups before closing credit life insurance policies using Decision Number 38/Pdt .G/2023/PN Date as object of study. This research is descriptive normative legal research, with a statutory, conceptual and case approach. The data used is secondary data, which was collected using library study data collection tools using document study techniques. The data was then analyzed using qualitative data analysis methods and drawing conclusions deductively.The research concludes that the arrangements for closing life insurance policies in Indonesia are transparent and provide protection for the insured. OJK requires insurance companies to ensure prospective insureds understand the terms and risks, including the importance of health checks. Legal protection for the insured's heirs is regulated in Article 22-26 POJK No. 20/2023 concerning Insurance Linked to Credit, which highlights the importance of information transparency. If the claim is rejected due to the absence of a medical examination, the insured's heirs can file a lawsuit in District Court. Decision Number 38/Pdt.G/2023/PN Tgl emphasizes the importance of a medical examination before closing a policy, reflecting the principle of prudence and utmost good faith. This decision provides justice, certainty and benefits for policyholders by guaranteeing claim payments according to the provisions. It is recommended that there be detailed regulations regarding mandatory medical check-ups and transparency of information in credit life insurance. Insurance companies and banks must also increase the education of prospective insureds regarding the importance of medical examinations before disbursing credit.
Co-Authors M, Mulhadi Mulhadi S, Sunarmi Sunarmi