Pelindungan Hukum terhadap Agen sebagai Mitra Bisnis dalam Perjanjian Kerjasama Pemasaran Produk Asuransi yang Dilakukan dengan Perusahaan Asuransi Jiwa (Studi Putusan Pengadilan Negeri No. 939/Pdt.G/2023/PN-Mdn)

Abstract

Life insurance agents hold dual positions as both business partners and representatives of insurance companies, as stipulated in Law No. 40 of 2014 and OJK Regulation No. 69/POJK.05/2016. The legal relationship between agents and insurance companies is governed by agency agreements, which outline the rights, obligations, limits of authority, and are subject to the principles of good faith and OJK oversight. This study examines the regulation of the agent’s position within the cooperation agreement, the scope of legal responsibility of agents and business partners toward the insured, and legal protection for agents in cases of unilateral termination. This research employs an empirical juridical method, utilizing primary, secondary, and tertiary legal materials through literature review and interviews. The data were analyzed qualitatively. The findings reveal that although agents are referred to as business partners, they are legally regarded as representatives of the insurance company pursuant to the Civil Code, Law No. 40 of 2014, and OJK Regulation No. 69/POJK.05/2016. This relationship is defined in the agency agreement, which specifies the agent’s rights, duties and authority, and is subject to good faith principles and regulatory supervision by the OJK. In practice, the legal responsibilities of agents and business partners depend on the roles and authority granted. Agents are responsible for delivering information but not for claims, while business partners act merely as intermediaries. In the event of unilateral termination without legitimate grounds, agents may file claims based on breach of contract or unlawful acts and may lodge complaints with the OJK or the Indonesia Competition Commission (KPPU). Dispute resolution can be pursued through alternative mechanisms such as mediation or arbitration Legal protection is essential to ensure fairness and legal certainty for agents. Accordingly, to ensure fair legal protection, cooperation agreements between agents and companies should be clearly drafted in accordance with regulatory standards. Such agreements should include provisions on termination, dispute resolution and the responsibilities of each party. Agents are also advised to maintain proper documentation, understand their legal rights and act professionally and transparently in line with business ethics and applicable laws.