Kepatuhan Perusahaan Asuransi Pada Prinsip Utmost Good Faith Dalam Perjanjian Asuransi Jiwa Syariah (Studi Putusan Nomor 135/Pdt.G/2022/Pn.Jkt.Sel)

Abstract

This study examines insurance companies' compliance with the principle of utmost good faith in Sharia life insurance contracts, with a case study on Decision Number 135/Pdt.G/2022/Pn.Jkt.Sel. The principle of utmost good faith emphasizes the obligation of parties in insurance to disclose material facts honestly and transparently. The case under review focuses on Nazla Eka Wijiasih's lawsuit against PT Asuransi Jiwa Manulife Indonesia regarding the removal of insurance benefits without prior notice, which was deemed a violation of this principle. The objectives of this research are to understand the urgency of compliance with the utmost good faith principle, the legal consequences of non-compliance, and an analysis of the judge's considerations in the relevant decision. This study employs a normative juridical method with a statutory and case study approach, analyzed qualitatively. The primary focus is the importance of implementing the utmost good faith principle in Sharia life insurance as the foundation of trust and transparency between related parties. The research findings are expected to strengthen Sharia insurance regulations and practices, particularly in preventing violations that harm policyholders. The results indicate that the principle of utmost good faith plays a crucial role in Sharia life insurance, as it emphasizes honesty and transparency among all involved parties, in accordance with Islamic values. Non-compliance with this principle can cause serious harm to policyholders and disrupt the process of fair risk assessment and premium determination. Through an analysis of Decision Number 135/Pdt.G/2022/Pn.Jkt.Sel, this study affirms the need for stronger legal oversight to ensure that Sharia principles are consistently applied throughout the operational processes of Sharia insurance companies.