Tazkia Asshiva Maryam, . (2025) PERLINDUNGAN HUKUM KONSUMEN ASURANSI AKIBAT TIDAK DIPENUHINYA HAK PENGAJUAN KLAIM MELALUI JALUR LITIGASI. Jurnal Kertha Semaya, 13 (4). pp. 721-736. ISSN 2303-0569
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Abstract
This study aims to analyze the forms of violations committed by insurance companies against consumers' rights in filing life insurance claims, as well as to examine the judge’s legal considerations in Decision Number 38/Pdt.G/2023/PN Tgl. This research used normative juridical method with a statutory and case approach. The results of the study indicate that the violation of consumers’ rights in filing life insurance claims by the insurance company in Case Number 38/Pdt.G/2023/PN Tgl occurred through the inclusion of an exoneration clause, which granted the company unilateral authority to act on behalf of the consumer. The judge’s consideration in this case stated that the issuance of two life insurance policies between the consumer and the Defendant, as the insurance company, was legally valid in accordance with Article 1320 of the Indonesian Civil Code, establishing rights and obligations for both parties. The Defendant’s refusal to pay the insurance claims and attempt to annul those policies was considered by the Judges as a breach of contract or wanprestasi, namely the failure to perform what was promised or agreed upon. Regarding the Defendant’s statement about the results of verification and investigation indicating discrepancies in the consumer’s health data, the Judges opined that it would be more prudent if such procedures had been conducted before the establishment of the legal relationship between the Defendant and the consumer if the Defendant have any suspicions. The judge's consideration, supported by relevant regulations, demonstrates that the consumer has received protection of their rights as a user of life insurance services.
| Item Type: | Article |
|---|---|
| Additional Information: | [No. Panggil: 2110611223] [Pembimbing : Sylvana Murni Deborah Hutabarat] [Ketua Penguji: Heru Sugiyono] [Penguji 1 : Iwan Erar Joesoef] [Penguji 2 : Sylvana Murni Deborah Hutabarat] |
| Uncontrolled Keywords: | Legal Protection, Insurance Consumers, Claim Submission, Exoneration Clause, Judge Consideration |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | TAZKIA ASSHIVA MARYAM |
| Date Deposited: | 07 Aug 2025 07:00 |
| Last Modified: | 07 Aug 2025 07:00 |
| URI: | http://repository.upnvj.ac.id/id/eprint/38120 |
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