Sri Retno Widyorini
Faculty of Law, University of 17 August 1945 Semarang

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LEGAL PROTECTION FOR THE INSURED IN AN INSURANCE AGREEMENT IN THE EVENT OF A CLAIM DEFAULT Sri Retno Widyorini; Salma Nur Hanifah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6710

Abstract

The phenomenon of insurance default that occurs to customers is relatedto research on critical evaluation of the Indonesian national legal systemand identifying the mechanism for resolving insurance law conflicts. Themethod used is normative juridical research with empirical andlegislative approaches, the data collected comes from literature studiesand literature studies. The data was analyzed qualitatively to analyzeinsurance laws in Indonesia, as well as the lack of regulations related tothe process of insurance. The results of the study show that although therehave been a number of regulations, such as Law Number 40 of 2014concerning Insurance and the Consumer Protection Law, theimplementation of legal protection for customers is still weak, especiallyin terms of settling claims and corporate liability in default. The disputeresolution mechanism through the courts, BPSK, and LAPS SJK also doesnot fully guarantee legal certainty and the effectiveness of theimplementation of the decision. The absence of policy underwriters andweak integration of the legal system put customers in a legallydisadvantaged position. This study recommends the establishment of aPolicy Guarantee Institution, strengthening the authority of disputeresolution institutions, and harmonizing regulations to strengthen legalprotection for customers. The implications of this study are important forimproving the insurance legal system in Indonesia, in order to realizefair, certain, and useful consumer protection in real terms