Garuda - Garba Rujukan Digital

Dynamics and Challenges of National Insurance Law in the Context of Globalization Putri Nawarni Harahap; Rizki Khoiril Waladi Siahaan; Siti Fatimah; Adi Syahputra; Fitri Elisa Noviani Simatupang
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.947

Globalization has driven cross-border openness in various sectors, including the insurance industry. In this context, Indonesia cannot close itself off the involvement of foreign parties in the implementation of the national insurance business. The existence of insurance companies basically aims to provide protection and solutions to the risks faced by the community, but the influx of foreign capital and companies gives rise to its own legal dynamics, especially related to company ownership, supervision, consumer protection, and national legal sovereignty. This research aims to analyze the dynamics and challenges of national insurance law in the face of globalization currents, especially in relation to foreign ownership regulation and the role of the state in safeguarding national interests. The research method used is normative legal research with a statutory and conceptual approach, through the study of insurance regulations and relevant legal doctrines. The results of the study show that globalization requires strengthening national insurance regulations in order to be able to increase the competitiveness of the domestic insurance industry without ignoring legal protection for the community. In addition, the government's role as a regulator and supervisor is crucial in creating legal certainty and public trust. In conclusion, harmonization between global openness and national legal interests is key in answering the challenges of insurance law in the era of globalization.

Optimalisasi Manajemen Operasional Dalam Meningkatkan Kinerja Asuransi Syariah di Era Digital Nurhayati Harahap; Putri Nawarni Harahap; Rizki Khoiril Waladi Siahaan; Arya Advany
Jurnal Akuntansi Keuangan dan Bisnis Vol. 4 No. 1 (2026): April - Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar

This study aims to analyze the optimization of operational management through digital transformation in Islamic insurance companies. The research employed a library research method with a qualitative descriptive approach. The results indicate that business process digitalization, human resource development, digital risk governance, and customer experience enhancement improve operational efficiency, productivity, service quality, and corporate competitiveness. The use of technologies such as Artificial Intelligence (AI), Big Data Analytics, and Cloud Computing also supports faster business processes and better decision-making. Therefore, digital transformation supported by competent human resources and compliance with sharia principles is essential for improving the performance and sustainability of Islamic insurance companies.

Dynamics and Challenges of National Insurance Law in the Context of Globalization Putri Nawarni Harahap; Rizki Khoiril Waladi Siahaan; Siti Fatimah; Adi Syahputra; Fitri Elisa Noviani Simatupang
Jurnal Cendikia ISNU SU Vol. 2 No. 2 (2025): ISNU Cendikia September
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v2i3.947

Globalization has driven cross-border openness in various sectors, including the insurance industry. In this context, Indonesia cannot close itself off the involvement of foreign parties in the implementation of the national insurance business. The existence of insurance companies basically aims to provide protection and solutions to the risks faced by the community, but the influx of foreign capital and companies gives rise to its own legal dynamics, especially related to company ownership, supervision, consumer protection, and national legal sovereignty. This research aims to analyze the dynamics and challenges of national insurance law in the face of globalization currents, especially in relation to foreign ownership regulation and the role of the state in safeguarding national interests. The research method used is normative legal research with a statutory and conceptual approach, through the study of insurance regulations and relevant legal doctrines. The results of the study show that globalization requires strengthening national insurance regulations in order to be able to increase the competitiveness of the domestic insurance industry without ignoring legal protection for the community. In addition, the government's role as a regulator and supervisor is crucial in creating legal certainty and public trust. In conclusion, harmonization between global openness and national legal interests is key in answering the challenges of insurance law in the era of globalization.

Transparency of Exclusion Clauses in Insurance Contracts: Reconstructing Insurers’ Legal Liability for Claim Rejection Hisam Ahyani; Rizki Khoiril Waladi Siahaan
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1961

Exclusion clauses are an important instrument in insurance contracts to limit insurers' risks, but the vagueness and non-transparency of clauses can create contractual imbalances and become the basis for the rejection of legally problematic claims. This study aims to analyze the legal position of exclusion clauses and reconstruct the liability of insurers in rejecting claims based on the principle of transparency. The research uses doctrinal legal methods with legislative, conceptual, and comparative approaches. Legal materials are analyzed qualitatively through norm mapping, critical evaluation, and normative reconstruction. The research finds that the formal existence of exclusion clauses is not enough to legitimize claim rejection. Transparency must meet the dimensions of clarity, prominence, accessibility, materiality, and comprehensibility. The research further developed a Transparency-Based Insurer Liability model that requires validity, visibility, intelligibility, and application as the basis for accountability. Transparency is the legal threshold for the legitimacy of claim rejection, so the contractual authority of the insurer must be accompanied by accountability in designing, communicating, interpreting, and applying exceptions. Financial Services Authorities need to strengthen the transparency standards of exclusion clauses, while insurance companies need to implement plain-language drafting and a mechanism for proving the submission of material information.

Transparency of Exclusion Clauses in Insurance Contracts: Reconstructing Insurers’ Legal Liability for Claim Rejection Hisam Ahyani; Rizki Khoiril Waladi Siahaan
Jurnal Cendikia ISNU SU Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i2.1961

Exclusion clauses are an important instrument in insurance contracts to limit insurers' risks, but the vagueness and non-transparency of clauses can create contractual imbalances and become the basis for the rejection of legally problematic claims. This study aims to analyze the legal position of exclusion clauses and reconstruct the liability of insurers in rejecting claims based on the principle of transparency. The research uses doctrinal legal methods with legislative, conceptual, and comparative approaches. Legal materials are analyzed qualitatively through norm mapping, critical evaluation, and normative reconstruction. The research finds that the formal existence of exclusion clauses is not enough to legitimize claim rejection. Transparency must meet the dimensions of clarity, prominence, accessibility, materiality, and comprehensibility. The research further developed a Transparency-Based Insurer Liability model that requires validity, visibility, intelligibility, and application as the basis for accountability. Transparency is the legal threshold for the legitimacy of claim rejection, so the contractual authority of the insurer must be accompanied by accountability in designing, communicating, interpreting, and applying exceptions. Financial Services Authorities need to strengthen the transparency standards of exclusion clauses, while insurance companies need to implement plain-language drafting and a mechanism for proving the submission of material information.

Strengthening Legal Protection for Insurance Policyholders in Indonesia: Pre-Contractual Fairness, Claims Governance, and the Policy Guarantee Program Jasni bin Sulong; Rizki Khoiril Waladi Siahaan
Jurnal Sahabat ISNU SU Vol. 3 No. 2 (2026): Vol.3 No.2 (2026): ISNU Sahabat September 2026
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i2.1834

Legal protection for insurance policyholders is essential to ensure legal certainty in the contractual relationship between insurers and policyholders in Indonesia. Defaults by several life insurers, disputes over investment-linked insurance products, and claim denials based on alleged non-disclosure demonstrate that policyholders remain vulnerable. This study analyses the regulation, forms, and adequacy of legal protection for policyholders, including the roles of the Financial Services Authority (OJK) and the Indonesia Deposit Insurance Corporation (LPS). It applies normative legal research using statutory, conceptual, case, and comparative approaches to the Civil Code, the Commercial Code, the Consumer Protection Law, the Insurance Law, the OJK Law, the Financial Sector Development and Strengthening Law, OJK Regulation No. 22 of 2023, Constitutional Court Decision No. 83/PUU-XXII/2024, and the United Kingdom's Consumer Insurance (Disclosure and Representations) Act 2012. The findings show that policyholder protection is multi-layered, combining preventive and repressive mechanisms, but gaps remain at four points: imbalanced pre-contractual disclosure duties, control of standard terms, claims-handling governance, and protection upon insurer failure. The Constitutional Court's decision on Article 251 of the Commercial Code and the creation of the Policy Guarantee Program under the Financial Sector Law are significant steps, but they require clear implementing regulation. The study proposes a Lifecycle Policyholder Protection Framework covering the pre-contractual, performance, claims, and insurer-failure stages.

Title

Found 6 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 6 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 6 Documents
Search