PERLINDUNGAN HUKUM TERHADAP PEMEGANG POLIS ASURANSI JIWA YANG DIRUGIKAN AKIBAT DARI KEPAILITAN PERUSAHAAN ASURANSI (Analisis Putusan Kasasi Mahkamah Agung Republik Indonesia Nomor. 408 K/Pdt.Sus-Pailit/2015 Tentang Kepailitan PT. Asuransi Jiwa Bumi Asih Jaya)

PUSPITA, TARI and Emirzon, Joni and Syaifuddin, Muhammad (2019) PERLINDUNGAN HUKUM TERHADAP PEMEGANG POLIS ASURANSI JIWA YANG DIRUGIKAN AKIBAT DARI KEPAILITAN PERUSAHAAN ASURANSI (Analisis Putusan Kasasi Mahkamah Agung Republik Indonesia Nomor. 408 K/Pdt.Sus-Pailit/2015 Tentang Kepailitan PT. Asuransi Jiwa Bumi Asih Jaya). Master thesis, Sriwijaya University.

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Abstract

PT. Asuransi Jiwa Bumi Asih Jaya (PT. AJBAJ) has experienced a very fatal risk of bankruptcy. In this case, the insurance policy holders as customers certainly do not know what to do if the insurance company as a risk transfer is bankrupt. Legal rules and strong legal protection are needed, hence not to cause large losses for insurance policy holders who commit themselves to life insurance companies if the company is bankrupt. The legal issues discussed in this thesis were: What was the consideration of the Financial Services Authority or OJK in filing a bankruptcy application against PT.AJBAJ to the Commercial Court; What were the legal considerations of Judges who declare bankruptcy of PT. AJBAJ in the Cassation Decision of the Supreme Court of the Republic of Indonesia Number 408 K/ Pdt.Sus-Pailit / 2015; and How were the forms and processes of legal protection to life insurance policyholders as a result of the bankruptcy of PT. AJBAJ as the insurance company. The research method used in this study was normative research. The research approach used were a philosophi approach, statute approach, conceptual approach, analytical approach, and case approach. Based on the results of the research, the basis for consideration of the OJK in filing for bankruptcy against PT. AJBAJ because the company's finance was difficult to recover and it did not pay insurance claims that are due to the insurance policy holder. The legal consideration of the Supreme Court Judge on the appeal filed by the OJK was the fulfillment of article 2 paragraph (1) of Law No. 37 of 2004 in which PT. AJBAJ had two or more creditors who were not paid at least one debt that was due and could be collected. The form and process of legal protection for life insurance policy holders are divided into two, preventive legal protection as preventive effort and repress legal protection as an effort after the dispute occurs. Thus, in the future, in the event of bankruptcy, insurance policy holders as customers must get definite protection from both the Government and Insurance Companies which are their right to obtain justice.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Legal Protection, Life Insurance, Insurance Policy Holder, Bankruptcy
Subjects:	K Law > K Law (General) > K100-103 Legal education
Depositing User:	Users 879 not found.
Date Deposited:	07 Aug 2019 07:44
Last Modified:	07 Aug 2019 07:44
URI:	http://repository.unsri.ac.id/id/eprint/2250

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