Jurnal Cendikia ISNU SU
Vol. 3 No. 2 (2026): JCISNU Volume 3, Nomor 2, September 2026

Transparency of Exclusion Clauses in Insurance Contracts: Reconstructing Insurers’ Legal Liability for Claim Rejection

Hisam Ahyani (Institut Miftahul Huda Al Azhar Kota Banjar)
Rizki Khoiril Waladi Siahaan (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
30 Sep 2026

Abstract

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.  

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Journal Info

Abbrev

jcisnu

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...