Jurnal Sahabat ISNU SU
Vol. 3 No. 2 (2026): Vol.3 No.2 (2026): ISNU Sahabat September 2026

Strengthening Legal Protection for Insurance Policyholders in Indonesia: Pre-Contractual Fairness, Claims Governance, and the Policy Guarantee Program

Jasni bin Sulong (Universiti Sains Malaysia)
Rizki Khoiril Waladi Siahaan (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
30 Sep 2026

Abstract

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.

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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, ...