Penerapan Prinsip Keseimbangan dalam Kontrak Baku antara Perusahaan Asuransi dan Konsumen dalam Perjanjian Asuransi Unit Link (Studi pada Pt. Prudential Life Assurance di Kota Medan)

Abstract

The application of the principle of balance in standard form contracts between insurance companies and consumers in unit-linked insurance agreements is crucial. This is due to the product's complexity, which combines protection and investment, and the nature of standard form contracts often drafted unilaterally by insurance companies. This situation can potentially create an imbalanced bargaining position that harms consumers, even though the principle of balance is a fundamental foundation for achieving justice and consumer protection as mandated by Consumer Protection Law No. 8 of 1999, Insurance Law No. 40 of 2014, and related Financial Services Authority Regulations (POJK). This issue requires further urgent study, especially concerning the practices of PT. Prudential Life Assurance in Medan, following significant financial losses experienced by customers of unit-linked products. The research method employed is normative legal research, supported by field research. It is descriptive in nature, aiming to provide an accurate overview of the application of the principle of balance. The research approaches used are the statutory and conceptual approaches. Data sources include primary data obtained through interviews and observations, as well as secondary data from literature reviews. The research findings indicate that the principle of balance is essential in unit-linked insurance standard form contracts to protect consumers from weaker bargaining positions and potential exploitation, aligning with the mandates of the Consumer Protection Law and POJK. However, its implementation at PT. Prudential Life Assurance in Medan faces internal obstacles, such as potential negligence and misselling by agents, company policies related to aggressive sales targets that can trigger mass sales without adequate explanation, and standard policy clauses that grant unilateral authority to the company in investment management. External factors include the low financial literacy of the public regarding the complexity of unit-linked products and the perception that regulations have not yet fully restricted sales practices significantly.