| dc.description.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. | en_US |
