Kanun: Jurnal Ilmu Hukum
Vol 26, No 3: December 2024: Law and Justice in Digital Age

ANALYZING LEGAL DIMENSIONS OF PRODUCT SCANDAL IN INDONESIAN INSURANCE DISTRIBUTIONS: MIS-SELLING UNIT-LINKED CASE

Putri J, Pramai Shella Arinda (Unknown)
Anadi, Yandri Radhi (Unknown)



Article Info

Publish Date
31 Dec 2024

Abstract

Insufficient consideration of inflation in pricing can result in insurance premiums being set too low, threatening the long-term viability of the insurance industry. This challenge became particularly evident during the notable challenges experienced by the Indonesian insurance industry between 2021 and 2022. Various issues, including poor management, product mis-selling, and the sale of unit-linked products with inaccurate information, led to insurance customers protesting against the Financial Services Authority (OJK) and the bancassurance sector, which is a partnership between banks and insurance companies that allows banks to sell insurance products through their distribution networks. This study analyzes the legal dimensions of insurance agent misconduct in mis-selling insurance products and propose targeted strategies for regulatory and industry reforms led by OJK to foster a healthier and more transparent Indonesian insurance sector. This study employed a normative legal research method with a statute- and concept-based approach. The results show improper sales violate Article 75 of Indonesias Insurance Law (Law No. 40 of 2014). The cumulative effect of these violations can damage the insurance sector's reputation, leading consumers to view it as unreliable and predatory, which may reduce market participation as potential policyholders opt-out, ultimately undermining the financial stability and growth of the insurance market in Indonesia. In response, the OJK has introduced SEOJK No. 5/SEOJK.05/2022, which provides guidelines for implementing risk-based supervision in the insurance sector. This regulation enhance transparency and accountability, address the identified issues, and restore consumer trust in the Indonesian insurance market.

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Journal Info

Abbrev

kanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

anun: Jurnal Ilmu Hukum (KJIH), the Indonesian Journal of Autonomy Law, is an international journal dedicated to the study of autonomy law within the framework of national and international legal systems. Published thrice annually (April, August, December), KJIH provides valuable insights for ...