Jurnal Sahabat ISNU SU
Vol. 1 No. 3 (2024): ISNU Sahabat Desember 2024

The Principle of Freedom of Contract in Insurance Agreements Who Are Not the Heirs

Fikri Haikal Den Pratama (State Islamic University of North Sumatra)
Mhd. Fakhry Jaidan (State Islamic University of North Sumatra)
Dian Perwita Sari (State Islamic University of North Sumatra)
Hasniyarti Putri (State Islamic University of North Sumatra)
Andi Muhammad Yusuf Adhyaksa Konggoasa (State Islamic University of North Sumatra)



Article Info

Publish Date
30 Dec 2024

Abstract

The principle of freedom of contract grants parties the autonomy to determine the terms and conditions of an agreement, including the designation of insurance beneficiaries. However, the appointment of third parties who are not legal heirs as beneficiaries often raises legal uncertainty and challenges regarding consumer protection. This study aims to analyze the application of the principle of freedom of contract in insurance agreements involving non-heir third-party beneficiaries and to examine its implications for consumer legal protection under Indonesian law. This research employs a normative legal research method using statutory, conceptual, and case approaches. The study relies on primary, secondary, and tertiary legal materials, which are analyzed qualitatively through legal interpretation and legal reasoning. The findings indicate that the principle of freedom of contract permits the designation of non-heir beneficiaries, provided that the agreement complies with the requirements of a valid contract, the principle of insurable interest, and the principle of good faith. Nevertheless, the use of standard clauses and the absence of explicit legal provisions governing third-party rights often create legal uncertainty and weaken consumer protection. Therefore, stronger regulatory oversight, greater contractual transparency, and clearer recognition of third-party rights are essential to ensuring legal certainty and balancing contractual freedom with consumer protection in insurance agreements. This study contributes to the development of Indonesian insurance law by emphasizing the need to harmonize contractual autonomy with legal safeguards for all parties involved.

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Journal Info

Abbrev

jsisnu

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal includes, but is not limited to: Primary, Secondary, and Higher Education Studies on curriculum development, teaching strategies, assessment, and competency building at various levels of education. Educational Management and Policy Research on leadership, school governance, ...