Indra Dewaa, Mychael Marcelino
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ANALISIS PENGAJUAN GUGATAN PAILIT ATAU PKPU TANPA MELALUI OJK (STUDI KASUS PUTUSAN NOMOR 389/Pdt.Sus-PKPU/2020/PN-Niaga.Jkt.Pst.) Indra Dewaa, Mychael Marcelino
Jurnal Hukum Ius Publicum Vol 5 No 1 (2024): Jurnal Hukum Ius Publicum
Publisher : LPPM Universitas Doktor Husni Ingratubun Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55551/jip.v5i1.87

Abstract

Insurance is an agreement that arises between the agreement between the insurer and the insured, then the insured will make premium payments in exchange for the insurer who will provide guarantees for something that is insured. Decision number 389/Pdt.Sus-PKPU/2020/PN-Niaga.Jkt.Pst. itself is a case involving one of the insurance companies, PT Asuransi Jiwa Kresna, which was filed without going through the Financial Services Authority as a legal institution that can file a lawsuit against an insurance company, the filing of a lawsuit in this case itself occurred because of the inability of PT Asuransi Jiwa Kresna to make benefit payments to its customers. In this lawsuit itself there is a problem where the customer who is the plaintiff files a lawsuit on his own without going through the OJK on the basis that the customer has previously made a request to the OJK but did not get a response and in the lawsuit itself, the customer uses a legal reference in the form of Law Number 30 of 2014 concerning Government Administration which should use Law Number 40 of 2014 concerning Insurance against the waiting time for a response from the OJK to his request as a legal provision that more specifically regulates the problems experienced by customers and PT Asuransi Jiwa Kresna itself. This research uses a normative juridical research method that relies on primary legal material as the main material and this research also relies on the use of the Lex Specialis Systematic principle as a basis for evaluating the use of related legal regulations.