DEWI, Ni Luh Putu Yuni Sartika
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Analysis of The Theory of Justice in Insurance Business in Indonesia DEWI, Ni Luh Putu Yuni Sartika; BAGIASTRA, I Nyoman
Protection: Journal Of Land And Environmental Law Vol. 3 No. 3 (2025): Protection: Journal Of Land And Environmental Law (March – June 2025)
Publisher : Indonesia Strategic Sustainability

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Abstract

In carrying out its function as a financial protector in the future, the insurance business must be based on justice to create a healthy relationship between customers and insurance companies. Justice in the insurance business is the main foundation of a healthy and useful insurance industry in Indonesia, if there is no justice then public confidence can be disturbed and trust in the insurance business can be reduced due to the perception of injustice. Justice is very necessary because the low level of understanding of the Indonesian people about insurance products is the main cause of injustice in the insurance service business. This situation is because insurance agents who do not have integrity do not explain the contents of the policy transparently to prospective customers. Based on the above thoughts, the main problem is, first, is the application of the Indonesian insurance agreement justice standard in accordance with the theory of justice? Second, How is the Implementation of Theory in Overcoming Conflicts Between Insurance Companies and Customer Justice in Insurance Companies?
Perlindungan Hukum Perjanjian Baku Dalam Pelayanan Jasa Asuransi di Indonesia Ditinjau Dari Perspektif Keadilan Bagi Nasabah Dewi, Ni Luh Putu Yuni Sartika; Dewi, Anak Agung Sagung Laksmi; Ujianti, Ni Made Puspasutari
Jurnal Analogi Hukum 89-93
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jah.7.1.2025.89-93

Abstract

Standard insurance agreements are used by insurance companies that do not involve customers in making policies. This agreement causes conflict in the community because the position of the parties is not balanced. Two problems are formulated: how is the legal regulation of standard agreements in the insurance service business for customers and legal protection for customers in standard agreements? The research method used is normative legal. In the insurance agreement in accordance with Insurance Law Number 40 of 2014, applying an efficient method of providing agreement documents between customers and insurance regarding the object of coverage. This causes customers to be in a weak position because they are not in a good bargaining position and only have two choices, namely accepting or rejecting it (take it or leave it). Standard agreements in insurance services are still dominant in explaining the benefits, so there are many cases of failed claims due to the information described is not comprehensive in the contents of the policy. In order for the customer's rights to be protected, all information in the policy must be explained to the customer as proof of a written agreement made by the insurance company.