Legal Protection for The Insured in an Insurance Agreement in The Event of a Claim Default

Abstract

The phenomenon of insurance default that occurs to customers is related
to research on critical evaluation of the Indonesian national legal system
and identifying the mechanism for resolving insurance law conflicts. The
method used is normative juridical research with empirical and
legislative approaches, the data collected comes from literature studies
and literature studies. The data was analyzed qualitatively to analyze
insurance laws in Indonesia, as well as the lack of regulations related to
the process of insurance. The results of the study show that although there
have been a number of regulations, such as Law Number 40 of 2014
concerning Insurance and the Consumer Protection Law, the
implementation of legal protection for customers is still weak, especially
in terms of settling claims and corporate liability in default. The dispute
resolution mechanism through the courts, BPSK, and LAPS SJK also does
not fully guarantee legal certainty and the effectiveness of the
implementation of the decision. The absence of policy underwriters and
weak integration of the legal system put customers in a legally
disadvantaged position. This study recommends the establishment of a
Policy Guarantee Institution, strengthening the authority of dispute
resolution institutions, and harmonizing regulations to strengthen legal
protection for customers. The implications of this study are important for
improving the insurance legal system in Indonesia, in order to realize
fair, certain, and useful consumer protection in real terms