Analisis Yuridis Penerapan Prinsip Insurable Interest Dalam Praktik Asuransi Jiwa (Studi Pada Pt. Prudential Life Assurance Cabang Medan)

Abstract

ABSTRACT Insurable interest in life insurance is a relationship between an insurance applicant and someone whose life is insured. Therefore, the insured has a benefit for the survival of an insured person, or there is an estimated loss on the death of the insured person. In its development, filing a claim for life insurance sometimes causes problems, and it is not as easy and smooth as expected. Therefore, whether the application of the insurable interest principle is in accordance with the applicable regulations so that it can be used as a benchmark for whether or not the regulations regarding insurance are effective. The formulation of the problem in this study is how the position of the insurable interest principle is regulated in insurance law in Indonesia; How to apply the principle of insurable interest in Life Insurance at PT. Prudential Life Assurance Medan Branch; how the principle of insurable interest in court practice in Decision No. 49/Pdt.G/2013/PN.MDO Jo. 482 PK/Pdt./2015. The type of research used in this research is normative juridical law research. The nature of this research is descriptive. The data used consisted of secondary data collected by library research and field research by conducting interviews with related parties. All data were analyzed by qualitative data analysis method. Based on the results of the research on the position of insurable interest listed in the legislation in Indonesia, it still does not regulate the limits, especially regarding insurance related to life. Application of the principle of insurable interest at PT. Prudential Life Assurance Medan has been carried out well by implementing it in accordance with life administration operating procedures by taking into account the rights of the insured because of a legally recognized relationship of interest. In fact, Marlayni Kurniati Jonas is the nephew of the policyholder. This means that when an interest occurs, the party claiming to be the insured's trustee must be able to prove the existence of the element of interest. It is necessary to make an expansion of the insurable interest in life insurance in the laws and regulations. Preferably PT. Prudential Life Assurance takes an action to accurately and completely disclose all material facts regarding the object of interest insured. In enforcing the law, the panel of judges should have the courage to make legal discoveries (rechtvinding) as argued by the PK applicant. Keywords: Insurable Interest Principle, Life Insurance.