Pelindungan Hukum terhadap Ahli Waris Tertanggung Atas Penutupan Polis Asuransi Jiwa Kredit Tanpa Medical Check Up (Studi Putusan Nomor 38/Pdt.G/2023/PN Tgl)

Abstract

The process of filing claims for credit life insurance often encounters obstacles, one of which is the rejection of claims by insurance companies on the grounds that the insured did not undergo a medical check-up. This results in financial losses for the heirs of the insured as beneficiaries of the credit life insurance policy. This study aims to conduct a normative legal analysis of the regulations governing the issuance of life insurance policies in Indonesia. Furthermore, it examines the legal protection available to the heirs of the insured as policyholders in cases where credit life insurance policies are issued without a medical checkup, as well as the judicial considerations and rulings emphasizing the necessity of medical check-ups before issuing credit life insurance policies, with Decision No. 38/Pdt.G/2023/PN Tgl as the object of study. This research employs a normative juridical approach with a descriptive nature, using statutory, conceptual, and case law approaches. The data used is secondary data collected through literature review and document study. The data analysis was conducted qualitatively with deductive reasoning. The study concludes that the regulation of life insurance policy issuance in Indonesia emphasizes transparency and protection for the insured. The Financial Services Authority (OJK) mandates that insurance companies ensure that prospective insured individuals understand the terms and risks, including the significance of a medical check-up. Legal protection for the heirs of the insured is outlined in Articles 22–26 of POJK No. 20/2023 on Insurance Linked to Credit, highlighting the importance of transparent information. If a claim is denied due to the absence of a medical check-up, the heirs of the insured may file a lawsuit in the District Court. Decision No. 38/Pdt.G/2023/PN Tgl affirms the necessity of a medical examination before policy issuance, reflecting the principles of prudence and utmost good faith. This ruling ensures justice, legal certainty, and benefits for policyholders by guaranteeing claim payments in accordance with applicable regulations. It is recommended that detailed regulations be established regarding the obligation for medical check-ups and transparency in credit life insurance policies. Additionally, insurance companies and banks should enhance public education on the importance of medical check-ups before credit disbursement.