Tarumanagara Law Review
Vol. 6 No. II (2024): Talrev-Untar

Legal Protection of Policyholders in the Jiwasraya Restructuring: Decision Number 111/G/2021/PTUN.JKT

Caleb Siahaan (Universitas Tarumanagara)



Article Info

Publish Date
15 Oct 2024

Abstract

Insurance plays a vital role in society as a system that bears risks that may occur unexpectedly. This essential function is supported by the strong trust that customers place in insurance companies. Consequently, the problems currently faced by PT Asuransi Jiwasraya (Persero) will significantly affect public perception of insurance providers. Another undeniable consequence of this situation is the erosion of public trust in state-owned enterprises (SOEs). This article explores two main questions: whether the policy restructuring decision is consistent with the principles of insurance, and whether the policy restructuring decision constitutes a state administrative decision. The study employs normative legal research, which views law as a system of norms, using statutory and case approaches. The findings indicate that the restructuring process undertaken by Jiwasraya meets the criteria established by the principles of insurance; thus, the actions of Jiwasraya are in line with the fundamental elements of insurance. Furthermore, after reviewing the plaintiff's arguments and the legal considerations of the panel of judges of the Jakarta State Administrative Court, it is evident that the plaintiff's course of action was inappropriate, as the dispute did not fulfil the requirements of a state administrative case. Consequently, the lawsuit was rejected by the Jakarta State Administrative Court. This article contributes to the discussion on the legal protection of policyholders in the restructuring of state-owned insurance companies.

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Journal Info

Abbrev

tlr

Publisher

Subject

Description

Tarumanagara Law Review (TaLrev) is a peer-reviewed academic journal published by the Faculty of Law, Universitas Tarumanagara, Indonesia. The journal provides a platform for academics, researchers, legal practitioners, and students to publish original research articles and review articles ...