Статті в журналах з теми "Legal protection insurance"
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1
Inayah, Wafa Nurul, and Marsitiningsih Marsitiningsih. "Perlindungan Hukum atas Kerugian Nasabah Asuransi Terhadap Kasus Gagal Bayar Ditinjau dari Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen." Kosmik Hukum 21, no. 2 (May 29, 2021): 66. http://dx.doi.org/10.30595/kosmikhukum.v21i2.9995.
Анотація:
Legal protection for insurance policyholders is essential because it is associated with standard agreements in insurance agreements. In essence, since the signing of the insurance policy, the insured has received less legal protection because the content or format of the agreement is more beneficial to the insurance company. The unequal position between insurance policyholders and insurance companies and the application of standard agreements causes the function of legal protection for insurance policyholders to be questioned. This study discusses how the legal protection for insurance customer losses against default cases in terms of Law Number 8 of 1999 concerning Consumer Protection and the obstacles in legal protection for insurance customer losses against default cases in Law Number 8 of 1999 About Consumer Protection. The method used in this research is the normative juridical method carried out through a literature study that examines secondary data. Insurance customers, in this case, are consumers who use insurance services which, in carrying out their activities, have the right to obtain legal protection from anything that will harm the consumer. Law Number 8 of 1999 concerning Consumer Protection has clearly stated the legal protection provided for consumers using services or insurance customers, namely by making every effort to achieve legal protection for customers.Keywords: Legal Protection, Insurance, Default
2
Beckley, Alan. "Legal Protection Insurance for Police Officers." Police Journal: Theory, Practice and Principles 68, no. 4 (October 1995): 319–24. http://dx.doi.org/10.1177/0032258x9506800405.
3
Sulistyorini, Hastuti, Siti Hamidah, and Rachmi Sulistyarini. "Perlindungan Hukum Bagi Ahli Waris yang Tidak Tercantum sebagai Penerima Manfaat dalam Asuransi Jiwa." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 5, no. 1 (June 30, 2020): 58. http://dx.doi.org/10.17977/um019v5i1p58-65.
Анотація:
The research objective was to find a form of legal protection that was given to heirs who were not listed as beneficiaries of insurance funds on a life insurance policy. The study used the normative juridical method by using the statute approach and the conceptual approach, the technique of gathering legal material through literature study, and the analysis technique was carried out prescriptive. The results of the study showed that heirs were the most interested parties as beneficiaries of life insurance funds. The heirs who were not listed as beneficiaries in the life insurance policy received legal protection in the form of external and internal legal protection. External legal protection was provided by legislation, while internal legal protection was provided by a life insurance policy that had been mutually agreed upon and under the principles of life insurance.
4
Dwi Astuti, Hesti, Neni Sri Imaniyati, Husni Syawali, and Neni Ruhaeni. "Legal Protection for Farmers through Farming Business Insurance as a form of Risk Mitigation Welfare State." Journal La Sociale 3, no. 1 (March 30, 2022): 35–39. http://dx.doi.org/10.37899/journal-la-sociale.v3i1.610.
Анотація:
Agricultural business activities are businesses that have a high risk of uncertainty. Global climate change has an impact on agricultural products resulting in decreased income and welfare of farmers, so that legal protection is needed by the government as an effort to protect farmers. The research method uses descriptive qualitative analytical techniques, in which this study describes and analyzes systematically, factually, and accurately about Legal Protection for Farmers Through Agricultural Insurance Agricultural premium subsidy insurance is a form of legal protection for farmers who have the aim of protecting against crop failures that is a form of risk mitigation as a form of mitigation Risk Welfare State.
5
Prots, Ivanna. "LEGAL NATURE OF LEGAL RELATIONS IN THE FIELD OF INSURANCE: ADMINISTRATIVE AND LEGAL ASPECT." Social & Legal Studios 12, no. 2 (June 30, 2021): 33–38. http://dx.doi.org/10.32518/2617-4162-2021-2-33-38.
Анотація:
On the basis of the systematic theoretical and legal analysis of scientific researches and the current legislation the legal nature of insurance which is caused by three key approaches – economic, material and legal is investigated. The economic essence of insurance is expressed through the category of monetary funds needed to cover unforeseen needs of society; the material nature of insurance is disclosed through the category of monetary funds, which are used to compensate for damage caused by natural disasters and unforeseen circumstances; the legal content of insurance is manifested through a set of rules governing economic relations related to the protection of the legitimate interests of individuals and legal entities, public entities. It is noted that insurance has all the main functions of the category of finance in financial law but in certain specific manifestations. It is stated that insurance is a complex legal institution, which includes the rules of constitutional, civil, financial, administrative, labor law, social security law, and legal relations arising in connection with insurance, which are public and private law. Imperative norms of the field of financial law have priority in the regulation of public relations, formed in the organization of insurance, implementation of compulsory insurance, licensing of insurance entities, ensuring financial stability and solvency of insurers, on the reorganization of insurance companies, in the National Bank Ukraine's regulatory powers in the areas of insurance control and insurance supervision.
6
Skorb, Marcin. "STAN CYWILNOPRAWNEJ OCHRONY KONSUMENTA USŁUG UBEZPIECZENIOWYCH W POLSCE." Zeszyty Prawnicze 4, no. 2 (June 9, 2017): 221. http://dx.doi.org/10.21697/zp.2004.4.2.13.
Анотація:
Protection of Personal Data of Consumers of Insurance Services in PolandSummaryThe article analyses the regulations o f Polish civil law, which were introduced to protect a consumer of insurance services who, as a weaker party of a insurance agreement needs such protection. It presents main changes of the insurance law in this respect, introduced on M ay 01, 2004 as a part of the process of adapting Polish legal system to the EU legislation. Amongst other things, the author discusses the following issues: legal definition of a „consumer”, scope o f legal measures on protection of the insured, legal character of the general terms and conditions of the insurance agreements issued by insurance companies and forbidden contractual clauses. The author also suggests changes to these laws in order to improve them and make them more precise.
7
Tkachenko, N., T. Shokha, Yu Vlasenko, and A. Yevstihnieiev. "ENVIRONMENTAL INSURANCE FUNCTIONS: LEGAL ASPECT." Financial and credit activity: problems of theory and practice 1, no. 36 (February 17, 2021): 351–58. http://dx.doi.org/10.18371/fcaptp.v1i36.227992.
Анотація:
The state of regulatory support of the compensatory and preventive functions of environmental insurance has been studied. As a research method, a systematic approach has been chosen, which explores environmental insurance not only as a separate type of profit-seeking activity, but first of all as the component of economic and legal mechanism in the field of environmental relations, an element of the legal mechanism for providing environmental safety and a means to prevent and compensate for environmental abuses.
The system of environmental funding sources financing has been analysed. It is determined that, unlike other funds for financing environmental protection measures, environmental insurance funds are used exclusively to protect the policyholders’ proprietary interests. Despite the fact that in case of an insured event occurrence a natural object may be destroyed or damaged, the obligation to use the funds received as insurance payments for environmental protection measures is not provided for in the legislation of Ukraine.
It has been established that the possibility of using the insurance funds in environmental insurance for financial support of preventive measures related to the reduction of environmental insurance risk, provided for by the environmental legislation of Ukraine, contradicts the provisions of the insurance legislation of Ukraine as it pertains to insurance reserves placement.
The conclusion has been drawn on the suitability of legal support of the ecological function of environmental insurance, which is to ensure the quality of the environment.
In order to reflect the ecological function of environmental insurance at the regulatory level, it has been proposed: to capture in the legislation of Ukraine the obligation of the insured to use the insurance payment associated with causing harm to natural objects, to restore the wholesomeness of such objects and to eliminate the negative changes in the environment that led to the occurrence of the relevant insured event; to create a guarantee fund for financing activities related to the environmental insurance risks mitigation.
8
Ostrowska-Dankiewicz, Anna. "Consumer protection policy in the Polish life insurance market in the aspect of current legal regulations." Investment Management and Financial Innovations 16, no. 4 (December 5, 2019): 168–80. http://dx.doi.org/10.21511/imfi.16(4).2019.15.
Анотація:
The paper presents the phenomenon occurring in recent years on the Polish life insurance market, which enforced corrective protective actions by investment consumers of insurance products. The essence and assumptions of the new financial market paradigm are discussed, presenting the process of changes in supervisory and regulatory standards, adopted and implemented strategies in the development of protective policy together with the review of the most important legal regulations, solutions in terms of increasing product transparency and creating a new life insurance policy model to highlight pro-consumer activities. The practical implications of the study are grounded on the analysis of main problems of life insurance market in Poland and indicate the possibilities of applying appropriate solutions in the field of insurance distribution based on the latest legal regulations, recommendations and consumer needs, setting new standards and practices that raise the level of consumer safety, and in the future can become a possibility for development of the investment products market.
9
Krasilich, Nataliia. "Legal problems of insurance protection against cyber risks in space activities." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 268–76. http://dx.doi.org/10.33663/0869-2491-2021-32-268-276.
Анотація:
General global trends in space activities are largely related to the need to protect space information technology from possible cyber threats. The issue of cybersecurity in space activities needs to be thoroughly studied and resolved, as the current state of space activities and existing mechanisms of international and state regulation do not provide a sufficient solution. Disruption of the process of receiving and exchanging information through space information systems can lead to significant consequences. The growing number of cyber threats is becoming more common and destructive. Therefore, the assessment of cyber vulnerabilities in space systems is an important task that must be addressed both at the stage of creation and development, and in the operation of such systems. This, in turn, requires the availability of tools to address the above tasks and qualified personnel. One of the legal ways to protect against the negative effects of cyber threats, including in the field of space activities, may be cyber risk insurance, as a financial and legal mechanism for compensation, loss of losses caused by cyber attacks. In Ukraine, cyber insurance is in its infancy and needs to develop innovative approaches to further development, taking into account the accumulated positive experience of foreign countries in this area. At the moment, insurance companies are only developing the practice of cyber risk insurance and such insurance contracts are isolated. In the current environment, as a rule, the issue of cyber risk insurance is included in comprehensive property insurance contracts, liability insurance, financial risks, which significantly limits the compensation of damages. The main difficulty in the process of indemnification under a cyber risk insurance contract is to record the fact of the insured event, the amount of damage and prove the causal link between the insured event and the claimed losses, as the amount of damage must not only be calculated but also documented. Space information technologies, which are increasingly penetrating economic and social processes, necessitate the development of a segment of cyber insurance in the field of space activities, which will provide adequate insurance protection and compensation for damages to the insured due to cyber incidents. Cyber risk insurance issues should be reflected in national legislation.
10
Asufie, Khairunnisa Noor, Yulia Qamariyanti, and Rachmadi Usman. "Penggunaan Asuransi terhadap Risiko Pelaksanaan Jabatan Notaris." Lambung Mangkurat Law Journal 5, no. 2 (September 30, 2020): 164–79. http://dx.doi.org/10.32801/lamlaj.v5i2.186.
Анотація:
A notary is a public official appointed by an authorized official who plays a role in the field of civil law. The authority of the Notary is regulated in Article 15 of Act Number 2 of 2014 concerning Amendment to Law Number 30 Year 2004 concerning Acts of Notary Position. Regarding the authority of the Notary as a public official (openbaar ambtenaar) who has the authority to make authentic deeds can be burdened with responsibility for the authentic deed he made. The need for legal protection for Notaries against these risks, it is necessary to have an insurance / notary position insurance as a way of transferring risk. The legal problems that occur are the absence of an insurance product / Notary position insurance and the form of insurance / notary position insurance. The purpose of this study is to identify the urgency and form of insurance / coverage of the Notary Position. Legal research conducted is normative legal research by conducting research on the legal system. Legal research conducted by the author using a legislative approach, conceptual approach, and comparative approach. The urgency of the use of insurance protection / coverage of the Notary position is an important one as a way of transferring the risks faced by Notaries and as a form of maximum legal protection for Notaries in the execution of positions. The use of insurance / coverage against the risk of implementing a Notary can be in the form of Professional insurance more specifically in the form of Notary insurance which is part of insurance / general coverage which is insurance / loss coverage in the form of new products made by insurance companies / insurance as fulfillment of insurance / insurance needs for Notary in carrying out the position of Notary
11
Rinjani, Andini Gita, and Ahmed Badaruddin Muhammad Sabri. "Online Shopping Protection in Indonesia: A Social & Legal Discourse." Indonesia Media Law Review 1, no. 1 (January 31, 2022): 23–40. http://dx.doi.org/10.15294/imrev.v1i1.56674.
Анотація:
In this modern era, Electronic Commerce or business transactions today's generation called it the online shopping loved everybody in terms of its use, because it is very effective and can efficiently time so that one can conduct transactions wherever and whenever. It turns out it is very bersiko. Internet is an open network that can trigger the occurrence of data manipulation factors which would harm the party. Finally, emerging form of software security solutions, which did not give full guarantee to be free from loss, it certainly can reduce public confidence. Based on the relevant legislation, namely Law No. 40 of 20014 any emerging risks and capable of causing the loss can be the object of insurance. This means that all forms of transactions in e-commerce should be insured in order to ensure certainty and security in the transaction. The rules regarding insurance with respect to electronic commerce should be regulated specifically in a chapter in the Law No. 40 of 2014 on insurance, so as to provide clear regulation about insurance sehubungannya with e-commerce. Through normative legal research methods are expected to be able to prove how a clear legal basis to the problem in question, especially in the perspective to businesses as well as the Insurance Act itself.
12
Prasetyo, Rikzi Dwi, Tunggul Anshari, and Istislam Istislam. "Legal Protection and Certainty for Employees of the Public Entity of Insurance and Social Security (BPJS Ketenagakerjaan)." International Journal of Social Science Research and Review 5, no. 3 (April 9, 2022): 321–27. http://dx.doi.org/10.47814/ijssrr.v5i3.267.
Анотація:
Indonesia has the Insurance and Social Security (BPJS Ketenagakerjaan) to protect workers. This article discusses the legal vacuum of the legal status of the public legal entity of the Insurance and Social Security. The aim is to formulate future arrangements that provide legal protection and certainty for employees of the Insurance and Social Security public legal entity. This research is normative legal research with a statutory approach and a conceptual approach. The result of this research is that it is necessary to strengthen the supervision of the supervisory board internally and externally. In addition, it is necessary to prepare special regulations regarding the regulation of public legal entities, especially Insurance and Social Security.
13
Sriono, S., Sri Dewi, Miftah Hulzannah, Maria Panggabean, and Riki Afri Rizki. "Legal Protection Against Bank Customers in Review of Banking Laws." International Journal of Educational Research & Social Sciences 1, no. 1 (April 7, 2021): 1–6. http://dx.doi.org/10.51601/ijersc.v1i1.7.
Анотація:
Legal protection for customers is reviewed in terms of banking laws and regulations, such as Law Number 21 of 2008 concerning Islamic banking. Both Islamic banks and conventional banks with regulatory control must comply with general banking regulations. Act Number 7 of 1992 concerning Banking. The Banking Law which regulates amendments to Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1999. there is an obligation for banks to become members of the Deposit Insurance Corporation (LPS) so as to provide protection for depositors customers against their deposits and the existence of customer rights conduct customer complaints, and use banking mediation forums for simple, cheap, and fast dispute resolution. Legal protection for customers in terms of the Consumer Protection Act lies in the obligation for banks to heed the procedure for making standard clauses.Settings via The Consumer Protection Law which is closely related to legal protection for customers as banking consumers is the provision regarding standard clauses. Meanwhile, from the laws and regulations in the banking sector, the provisions that provide legal protection for bank customers as consumers include the introduction of the Deposit Insurance Corporation (LPS) in Law Number 10 of 1998. At the technical level the legal umbrella protecting customers includes the existence of arrangements regarding the settlement of customer complaints and banking mediation in a Bank Indonesia Regulation (PBI).
14
Myasoedov, V. V., and L. М. Derecha. "GUARANTEES OF LEGAL AND SOCIAL PROTECTION OF FORENSIC EXPERTS." Theory and Practice of Forensic Science and Criminalistics 17 (November 29, 2017): 184–91. http://dx.doi.org/10.32353/khrife.2017.23.
Анотація:
The paper considers the issues of legal and social protection of forensic experts of the state specialized institutions and forensic experts not working in these institutions, the need for compulsory insurance of their life and health. In terms ofpolitical and economic instability of the society the activities of expert institutions faces some difficulties caused by changes in the political and economic standards of life which is a negative and destabilizing factor. So, in our view, insufficient attention is paid to the social protection of both forensic experts of state forensic institutions and forensic experts who are not employees of these institutions. Social protection of forensic expert is regulated by article 18 of the law of Ukraine “On the forensic expertise" which specifies that issues ofpaymentfor labour and conditions of social protection offorensic experts are defined by the Code of Labour laws of Ukraine and other legislative acts of Ukraine. However, in this Law there is not specified the necessity of obligatory state insurance of forensic experts as it’s provided in the laws of other states including the countries of the European Union. Thus, we consider to be necessary to improve the legislation in force, in particular, to amend the Law of Ukraine on 3/7/1996 No. 85/96-ВР «On insurance» and to work out «The regulation on obligatory state insurance of life and health of forensic experts in Ukraine». The analysis of the listed problems evidences on the crying need in the further profound comprehension of the ways of their resolving, working out of the strategy of reforming and development offorensic expertise in Ukraine, updating of the legislation on legal and social protection both forensic experts of the state specialized institutions and the forensic experts who are not working in these institutions at the maximal approaching to the international standards.
15
Putra, Taufiq Hidayat, Busyra Azheri, and Dasman Dasman. "Legal Protection Against Bad Debtor Who is Bound by the Fiduciary Liability Insurance Against Auction Conducted by Creditor in Padang City." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (July 19, 2019): 744. http://dx.doi.org/10.18415/ijmmu.v6i3.898.
Анотація:
The execution of the fiduciary liability insurance, based on the fiduciary liability insurance certificate, has the executive power that is the same as the court decision that has obtained permanent legal force. The right to execute arises since a default occurs by a debtor whose creditor has the right to sell the object of the fiduciary liability insurance on his own power through auction. The purpose of this study was to find out how the execution process of the fiduciary liability insurance carried out by the company to the bad debtor and the form of legal protection against the bad debtor who is bound by the fiduciary liability insurance after the collateral object is auctioned by the creditor. After the auction is conducted, the author is interested in conducting a research discussing on the forms of legal protection against debtor who is bound by the fiduciary liability insurance after the collateral object is auctioned by the creditor. This research applies empirical juridical method by using primary and secondary data. The results of the study found that legal protection for bad debtor, who is bound by the fiduciary liability insurance after the collateral object is auctioned, is the elimination of fiduciary duties on objects guaranteed by fiduciary liability insurance and the return of the remaining credit obtained from the auction by the creditor to the debtor.
16
Arych, Mykhailo, and Yann Joly. "Genetic Discrimination in Access to Life Insurance: Does Ukrainian Legislation Offer Sufficient Protection against the Adverse Consequences of the Genetic Revolution to Insurance Applicants?" Laws 11, no. 1 (December 29, 2021): 2. http://dx.doi.org/10.3390/laws11010002.
Анотація:
This paper presents an inter-disciplinary study of the risk for, and protections against, genetic discrimination in access to life insurance in Ukraine. It aims (i) to review questions related to genetic information, health status, and family history currently included in Ukrainian life insurance application forms; (ii) to analyze the Ukrainian legislation related to equity and nondiscrimination and to determine whether it provides adequate protection against genetic discrimination (GD). Research findings of our insurance application forms review show that Ukrainian life insurance companies ask broad questions about health and family history that may be perceived by applicants as requiring the disclosure of their genetic information. Our legal analysis shows that today there are no genetic specific law protecting Ukrainians people against GD in insurance. However, Ukrainian human rights legislation provides some protection against multiple grounds of discrimination and given the ratification by Ukraine of the European Convention on Human Rights it is possible that these grounds could be interpreted by tribunals as also including genetic characteristics. As a next step, Ukrainian researchers should develop a survey to obtain much needed data on the incidence and impact of GD in Ukraine. Following this it will be possible for policymakers to better assess whether there is a need for an explicit non-GD law in this country. Such a law would have the benefit of explicitly aligning Ukraine’s legal framework with that of many of its European partners.
17
Pradana, Alif Widhi. "Policyholder protection for insurance companies with default claims: comparative analysis in Indonesia and the UK." Borobudur Law Review 3, no. 1 (February 27, 2021): 1–15. http://dx.doi.org/10.31603/burrev.4232.
Анотація:
The condition of insurance in Indonesia can be categorized as wildly chaotic because the rights of insurance policyholder cannot be secured by Indonesian insurance company. Jiwasraya and Bumiputera default case is clear evidence of the incompetence insurance company in managing insurance business in Indonesia. As a comparison, United Kingdom capable to manage insurance industry and be able to protect the rights of insurance policyholder. This study aims to compare the protection of insurance policyholders in Indonesia and the United Kingdom. The research method that is used in this study is a normative research method through a comparative way that compares two different legal systems. This study is carried out through a qualitative approach. This study's results are that Indonesia and the United Kingdom have similarities and differences in the protection of insurance policyholders. Through Law number 40 of 2014 concerning insurance and Financial Services Authority (OJK) decision regulation, Indonesia has governed the provision of insurance policyholder protection in the insurance company's condition failed to pay an insurance claim. The mechanism is by using Financial health Planning and Insolvency procedures through the bankruptcy of an insurance company that is regulated under Law no 37 of 2004. Whereas, in the United Kingdom, the legal basis of insurance policyholder protection is Financial Services and Market Act. FSCS must secure insurance claims when the insurance company has a financial problem paying insurance claims toward the policyholder.
18
OVCHINNIKOVA, YULIA. "ISSUES OF LAW ENFORCEMENT IN INSURANCE RELATIONSHIPS: NEW TRENDS." Economic Problems and Legal Practice 18, no. 4 (August 28, 2022): 72–76. http://dx.doi.org/10.33693/2541-8025-2022-18-4-72-76.
Анотація:
The article pays attention to the legal nature of insurance protection and insurance services. Some problems of law enforcement in insurance legal relations are considered, in particular, in liability insurance for damage compensation. It is noted that the insurance legislation contradicts some provisions of civil law. Attention is paid to some aspects of law enforcement when bringing an insurer to civil liability. Conclusions are drawn about the need to amend insurance legislation, as well as proposals for reforming insurance law.
19
RADULOVIĆ, DEJAN, and SARA ZARUBICA. "NEED AND REASONS FOR INSURANCE OF NOTARY PUBLICS DURING NOTARY ACTIVITY." Kultura polisa, (2021), special edition (2) (December 5, 2021): 135–55. http://dx.doi.org/10.51738/kpolisa2021.18.2p.1.10.
Анотація:
In this paper, the authors investigate the needs and reasons for securing notaries when performing notary activities. The paper should investigate and answer, what is the interest of the state, notaries and parties, in connection with performing notarial activity, legal basis and manner of conducting professional liability insurance of notaries, determining the amount of the insured case, the occurrence of the insured case, comparative legal solutions rights. The paper deals with persons who are participants in insurance (insured, insurer, injured party and other persons covered by insurance), the concept and subject of insurance, in this case professional liability insurance, the risk it carries, protection of the injured party and protection of property.
20
Fauziah, Edelweiss Ratna, Yetti Royati, and Imanudin Affandi. "Perlindungan Hukum Asuransi Pengguna Jalan Tol Oleh PT. Jasa Raharja Saat Mengalami Kecelakaan Lalu Lintas Pada Ruas Jalan Tol Jakarta-Cikampek." Wajah Hukum 5, no. 1 (April 23, 2021): 273. http://dx.doi.org/10.33087/wjh.v5i1.407.
Анотація:
Insurance comes from the word vezekering which means coverage. The person who is covered is called vezekerde and the insurance company is called verzekeraar. Initially, insurance has to manage, transfer or share risks, along with economic development and development developments in various sectors in the fields of industry, economy, infrastructure and technology, causing more problems to occur, especially problems regarding legal protection for the community, along with developments in the field of infrastructure development, for example in toll road construction, so that legal protection for toll road users is urgently needed. Social insurance is social insurance established by the Indonesian government based on statutory regulations, when viewed from the social insurance legal products that have been issued in Indonesia, it can be seen that social insurance programs are generally known, one of which is the Passenger Accident Social Insurance which is currently better known as Jasa Raharja. And to carry out coverage, the Indonesian government appointed PT Asuransi Jasa Raharja to manage and distribute compensation funds to traffic accident victims including traffic accident victims on the Jakarta-Cikampek toll road.
21
Puspita, Aina Cahya, and Tri Reni Novita. "Tinjauan Yuridis terhadap Asuransi Jiwa dalam Proses Pelaksanaan Penyelesaian Klaim Pembayaran Asuransi." Rechtsnormen Jurnal Komunikasi dan Informasi Hukum 1, no. 1 (July 27, 2022): 8–14. http://dx.doi.org/10.56211/rechtsnormen.v1i1.99.
Анотація:
Insurance is like an umbrella that must be available before the rain arrives. No one expects disasters and misfortunes to happen to themselves and their possessions. However, disasters or events that cause losses are often unavoidable. Insurance is protection or protection for yourself and your family and property when something unexpected happens. This type of research is normative legal research with descriptive analytical research. In conducting data collection, it is done by means of library research. This literature research uses secondary legal materials and tertiary legal materials. To analyze the use of the data approach approach, namely by analyzing the data in depth and then conducting research. The results are expected to be able to answer the legal problems posed in this paper. The results of the research show that what prospective customers need to pay attention to before buying insurance products are choosing the type of protection needed, understanding checking procedures and claim requirements, being aware of the ability to pay premiums, choosing the right insurance product and company, understanding buying insurance products. to whom, for example through an agent, through bancassurance, or telemarketing. The factor that causes the insurance claim to be rejected by the insurance company is because the claim payment is not in accordance with the clauses in the insurance policy. The steps that can be taken by the customer if the insurance claim issued by the insurer is not in accordance with the agreement is to mediate or report the case to the court
22
Brózda, Sławomir, and Michał Marszelewski. "UBEZPIECZENIE TYTUŁU PRAWNEGO DO NIERUCHOMOŚCI NA PRZYKŁADZIE JEZIOR WYSTĘPUJĄCYCH W OBROCIE CYWILNOPRAWNYM." Zeszyty Prawnicze 16, no. 3 (December 10, 2016): 27. http://dx.doi.org/10.21697/zp.2016.16.3.02.
Анотація:
Real Property Title Insurance in Civil Law Transactions Concerning Lakes Summary The article presents title insurance for civil law transactions involving lakes. The purpose of this insurance is to compensate for financial losses in the event of legal defects relating to the ownership (title) of real property coming to light after the transfer of such ownership. The paper discusses the origins of title insurance, which comes from the USA, and accounts for its rapid development. The issues discussed include the concept of title insurance, its distinguishing features, and the scope of protection it offers. The authors conduct an analysis of a model title insurance for compliance with Polish law. The result they obtain is that this type of insurance meets the requirements imposed by the Polish legal order. They then move on to the applicability of title insurance to transfer of property ownership involving lakes, and show that title insurance can be a significant advantage protecting a buyer’s interests. This is all the more important because the legal disputes which may arise from the transfer of property ownership in civil law involve many aspects, require specialist knowledge, and can be expensive.
23
Riyanti, Rika. "Legal status of artificial intelligence-based health insurance services." International journal of health sciences 6, no. 2 (July 12, 2022): 1023–34. http://dx.doi.org/10.53730/ijhs.v6n2.10600.
Анотація:
This study examines various sources of publications to complement the discussion of legal literacy studies on applying artificial intelligence based on health insurance and public services regarding challenges and opportunities in consumer protection. Several studies have been published on artificial intelligence; some even have one regarding health, but the legal status has not been found in consumer protection for technology-based insurance. On that basis, the existence of this research. We obtained data from several electronic searches and analyzed them to answer the research problem. Our approach is that we first analyze the data with an understanding of the questions, then search the data electronically and then review it; it involves a system of data coding, interpretation, and in-depth evaluation. Finally, based on the discussion of the results, it can be concluded that the use of intelligence applications in terms of public services in health insurance is something that helps the implementation of health insurance, which includes very transparent data, where the algorithm has been designed in such a way.
24
Zhang, Lin. "Insurance and Consumer Protection in WTO Law: A Chinese Perspective." Global Trade and Customs Journal 12, Issue 7/8 (August 1, 2017): 305–10. http://dx.doi.org/10.54648/gtcj2017040.
Анотація:
Consumer interests have been protected by the WTO legal regime nowadays. Taking China as an example, it demonstrates that the mechanism of insurance possesses the potential to reinforce the fulfilment of consumer protection by developing countries. Further, the WTO legal regime ought to embrace both ex ante and ex post mechanisms in the aspect of consumer protection.
25
Kurchinskaya-Grasso, Natalia Olegovna, Elena Petrovna Goryacheva, Igor Viktorovich Popov, Anastasia Viktorovna Abramova, and Viacheslav Aleksandrovich Pechkurov. "Legal regulation of property insurance and law enforcement problems." SHS Web of Conferences 108 (2021): 01012. http://dx.doi.org/10.1051/shsconf/202110801012.
Анотація:
In the context of modern economic and legal reality, property insurance plays an important role in civil-law relations. For the present, Russian citizens, individual entrepreneurs and commercial entities witness an increasing need for a firm guarantee of protection of property interests linked with performing different types of activities and as well with maintaining a certain standard of living. Analysis of legislation in force reveals some gaps in the legal regulation of insurance institutions as a whole as well as a property insurance contract in particular, that conditions much judicial conflict and occurrence of errors in law enforcement that impact negatively on the protection of legal rights and interests of insurance relations participants. Legal research of law in force, theoretical understanding and relevant judicial practice in the matters of property insurance regulation along with possible identification of existing problems and formulation of proposals on legislation improvement. The methodological base for the present research is represented by a set of general scientific and specific scientific methods of research activities, including a historical method, a method of formal logic, a method of system analysis, a research method, a comparative legal method, a statistical method, a functional-structural method, methods of analysis and synthesis, a method of specification and as well an empirical and theoretical method, i.e. analogy, deduction. The authors suppose that provisions of Chapter 48 of the Civil Code of the Russian Federation must be completed with a separate norm on financial risk insurance as it is the case with property insurance, third-party liability insurance (damage liability insurance, contractual liability insurance) and entrepreneurial risk insurance in parallel with pointing out an object of insurance and cases when the conclusion of the mentioned contract is required. The authors prove the necessity to qualify the reinsurance contract as the property contract in line with other types thereof named in Article 929 of the Civil Code of the Russian Federation.
26
Pujiyono and Sufmi Dasco Ahmad. "Legal Protection Carried Out by the Financial Service Authority in a Dispute between Consumers and Insurance Companies in Indonesia." International Journal of Social and Administrative Sciences 3, no. 1 (October 18, 2018): 55–61. http://dx.doi.org/10.18488/journal.136.2018.31.55.61.
Анотація:
This study aims to find out how the form of legal protection carried out by the Financial Service Authority towards consumers who experience disputes with insurance companies in Indonesia. This research is a normative legal research that is the prescriptive approach. The data are taken from secondary data types that consist of primary and secondary legal materials. Data collection techniques used are library studies, and the analytical techniques used are deductive by syllogism method. The result of the study shows that a form of repressive protections is carried out by the Financial Service Authority after a dispute between consumers and insurance services and a legal defense that contains many weaknesses. Settlement of disputes between consumers and Insurance Companies can be done through litigation/ court and non-litigation/ out of court settlement. In the litigation process through the Commercial Court. The non-litigation process that will carried out with the institution/ internal dispute resolution step, limited facilities through mediation that facilitated by Financial Services Authority and finally through the external dispute resolution or the arbitration institution.
27
Rahmatullah, Rizki. "Legal Protection in The Implementation of Akad Qardh." Al Hurriyah : Jurnal Hukum Islam 5, no. 1 (July 14, 2020): 34. http://dx.doi.org/10.30983/alhurriyah.v5i1.2332.
Анотація:
<p align="center"> </p><p><em>Credit implementation cannot be separated from the agreement and binds the guarantee that given by the debtor. The binding guarantee is carried out by underhand and carried out with notarial deed and PPAT deed. The binding of loan agreements by creditors is inseparable from the rights and obligations of the parties and legal protection of the parties. The problem is about legal standing, forms of protection and problem solving from the implementation of loan agreements. The research methodology used is an empirical juridical approach. The results of this study indicate that the creditor position in the binding agreement that made by underhand becomes weak because the creditor does not get the preference rights if the debtor is default. The implementation of an underhand loan agreement must be carried out perfectly, binding to the notarial deed must be in accordance with UUJN and binding to insurance. Completion of loan agreements with notification, rescue and restructuring of loans with restructuring, composition of loans with litigation and non-litigation, elimination of loans. Advice to Swamitra Minang Alam Sentosa, binding of loan agreements must be carried out with authentic deeds in accordance with UUJN by shared costs, and the insurance accordance with the loan term. </em></p><p> </p><p> </p>
28
Abildina, Akbota, Mirat Zhumakarimov, Ruslan Urimov, and Botagoz Salkhayeva. "Introduction of professional liability insurance for legal and financial protection of medical workers: Policy brief." Journal of Health Development, no. 40 (2021): 58–68. http://dx.doi.org/10.32921/2225-9929-2021-40-58-68.
Анотація:
Main elements: Professional liability insurance of medical workers covers unintentionally incurred risks as a result of the performance of their professional duties, and caused damage to the health and life of the patient. In fact, this is a type of property insurance, in which there is a satisfaction of property claims made to health workers, due to omissions and errors of professional activity For the purpose of administrative and civil protection of medical workers, the issue of introducing professional liability insurance in the medical sphere will increase the level of public confidence in the domestic health care and constructively address medical incidents that have caused damage to the health and life of patients. During the analytical study, 3 policy options were proposed: 1. Establishment of an independent non-profit fund for compulsory insurance of professional liability of medical workers; 2. Insurance of professional liability of health workers through functioning insurance companies; 3. Insurance through professional associations of medical workers of the Republic of Kazakhstan. The vision for the implementation of policy options Each of these policy options will contribute to the development of legal and financial protection for health professionals. To achieve the best results, it is necessary to choose the most effective and implemented policy. Keywords: insurance, professional responsibility, medical workers.
29
I Nyoman Sudastra, Mokhamad Khoirul Huda, and Asmuni. "Legal Protection for Patient of Independent National Health Insurance’s Participant: Restriction on Hospitalization Upgrade." Jurnal Hukum Prasada 7, no. 2 (September 21, 2020): 111–17. http://dx.doi.org/10.22225/jhp.7.2.2013.111-117.
Анотація:
The government issued Regulation of the Minister of Health Number 51 of 2018 which regulates the increase in inpatient classes which are difficult to understand. After the issuance of the Minister of Health's regulation regarding the imposition of fees and the difference in costs in the Health Insurance program, causing confusion in the community. This study aims to analyze the legal protection for independent national Health Insurance Participants after the issuance of the Minister of Health Regulation concerning imposition of cost and difference in the health insurance Program. In addition, to analyze the existence of a norm conflict between the Minister of Health Regulation about Imposition of cost and Difference in cost toward the laws and regulations above. This study uses a statutory, conceptual and comparative approach. The type of research used in this study is normative legal research. The results showed that the legal protection of JKN participants independently after the enactment of Permenkes Number 51 of 2018 regarding the Imposition of Costs and Difference in Costs in the Health Insurance Program was unclear and caused legal uncertainty. Besides that, it turns out there has been a norm conflict between the Minister of Health Imposition of Imposition of costs and costs difference in Health Insurance with the Perpres Health Insurance, the National Social Security Act, the Consumer Protection Law and Human Rights. Settlement that can be taken to harmonize the norm conflict is to revoke Article 10 paragraph (5) Permenkes Number 51 of 2018, set aside the Article and conduct a judicial review to the Supreme Court.
30
Ridho, Muhammad. "PERAN OTORITAS JASA KEUANGAN DALAM MELINDUNGI PEMEGANG POLIS ASURANSI AKIBAT PAILITNYA PERUSAHAAN ASURANSI (Studi Putusan Mahkamah Agung Nomor 408 K/Pdt.Sus-Pailit/2015)Abstract." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 19, no. 2 (March 13, 2020): 292–328. http://dx.doi.org/10.30743/jhk.v19i2.2444.
Анотація:
AbstractThe Financial Services Authority as an institution that oversees activities in the insurance sector functions to create a financial system that grows in a sustainable and stable manner and can foster public confidence in the insurance industry. Within the scope of supervision in the insurance sector, the Financial Services Authority has the authority to submit bankrupt statements to insurance companies in order to protect the interests of insurance policy holders.The purpose of the research in this thesis is to analyze the authority of the Financial Services Authority in the insolvency of insurance companies, to analyze the legal protection of customers who are harmed by the insolvency statement of insurance company to analyze the legal considerations of judges in the Supreme Court’s Decision No. 408 K/ Pdt. Sus-Pailit /2015.The research method used is descriptive analysis that leads to normative juridical research that is research conducted by referring to legal norms that is examining library materials or secondary materials, and secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials.The results showed that the Authority of the Financial Services Authority in the insolvency of insurance companies is based on the Bankruptcy Law and Suspension of Debt Payment Obligation (‘UU KKPU’) and Financial Services Authority Act (‘UU OJK’) with its implementation arrangement and the Financial Services Authority’s position as the party submitting an application for bankruptcy statements through the Board of Commissioner of Financial Services Authority. Protection provided to insurance policy holders in the case of bankruptcythat is guaranteed the position of policy holder in the event ofbankruptcy to the insurance company.Judge’s legal consideration in the decision of the Supreme Court Number 408 K/ Pdt. Sus-Pailit /2015 so as to decide on PT. AsuransiJiwaBumiAsih Jaya declared bankrupt is the OJK as a financial service sector supervisory agency authorized to submit bankruptcy requests for insurance companies because PT AsuransiJiwaBumiAsih Jaya is proven to have debt in the form of payment of the policy holder’s claim liability.Key-Words: Role of OJK, Insurance Policy, Bankruptcy.
31
Ulum, Khozainul. "Mengenal Asuransi Syariah Dari Sejarah, Dasar Hukum Sampai Akad Transaksi." JES (Jurnal Ekonomi Syariah) 1, no. 2 (March 2, 2017): 236–56. http://dx.doi.org/10.30736/jes.v1i2.18.
Анотація:
The development of sharia-based insurance is very closely followed by people's understanding of the sharia insurance contract, the position of the parties in the sharia insurance so that each of interest group get legal protection. The legal protection is expected to provide the values of truth, order, justice and benefit both sides party. Sharia insurance or takaful is basically ta’awun agreement between insurance participant and group of people. The aim is to guarantee and protect each other in dealing with the effects of a particular event is not expected that impinge on other participants. Insurance history has existed since the time of BCE and occurs at the time of ancient Egypt that is at the discretion of the Prophet Yusuf. But the existence of Islamic insurance in Indonesia is too late. Takaful in Muslim-majority country has existed since 1979, even with the non-Muslim majority states Indonesia defeated first. For example, in Luxemburg Takaful insurance evolved since 1983. Meanwhile, in Indonesia Islamic insurance start operating in 1995. The contract of sharia insurance is implemented by combining several contracts, namely mudharabah, tabarru, wakalah and hibah in one treaty. At glance, conventional and sharia insurance will appear same. But, in fact it is different. The difference consists in the legal foundation, management, accounting systems, operations and company culture.
32
RASTUTI, Tuti. "Principles Of Appropriateness In The Indonesian Insurance Legal System: Study On Demutualization In The Globalization Flow." International Journal of Environmental, Sustainability, and Social Science 3, no. 1 (March 31, 2022): 179–88. http://dx.doi.org/10.38142/ijesss.v3i1.206.
Анотація:
This study examines the application of the principle of decency in the insurance system. The research is descriptive-analytical, which describes the legal insurance system as an object regarding realizing consumer protection for the welfare of the people. The normative juridical approach using the theory of the welfare state, justice, and development law is used as a reference to examine the legal insurance system. The study results show that the application of the principle of propriety has only reached the level of legal substance, which is still chaos, while the other two elements, namely the legal structure and legal culture, are still far from the nature of the legal objectives. Therefore, the concept of the principle of propriety of Indonesian personality is proposed to actualize the legal values that live in society. Furthermore, insurance activities based on the principles of economic democracy are believed to foster public trust as social capital for the development of the insurance system.
33
Fatimah, Ferial, Siti Malikhatun Badriyah, and Irawati Irawati. "Perlindungan Hukum Terhadap Tertanggung Dari Perusahaan Asuransi Yang Dinyatakan Pailit." Notarius 14, no. 2 (December 30, 2021): 818–21. http://dx.doi.org/10.14710/nts.v14i2.43752.
Анотація:
insurance is considered capable of protecting oneself from unexpected risks such as death. This article discusses the position of the insured and the legal protection of the insured if a life insurance company is declared bankrupt. This research uses normative juridical. Data collection techniques are carried out by literature studies and interviews with related informants, namely the curator. When an insurance company is declared bankrupt. The insured's legal position according to the Insurance Act, has a position "as a preferred creditor" with the condition that the insured is in a position "after calculating tax costs, rental costs, electricity costs, employee wages and curator fees". Legal protection is given to the insured, including by appointing a curator as the person in charge of the bankruptcy estate. As a legal event that occurred in "PT Asuransi Jiwa Bumi Asih Jaya" which was bankrupt in 2015 and until 2018 it has not carried out its obligations to pay debts. "PT. Bumi Asih Jaya Life Insurance” bears the business risk due to the non-fulfillment of the solvency level specified in the law.Keywords: insurance; legal protection of the insured; bankruptAbstrakAsuransi jiwa manjadi salah satu produk dari perusahaan asuransi yang diminati masyarakat. Asuransi jiwa dianggap mampu untuk melindungi diri dari resiko diluar yang diharapkan seperti kematian. Artikel ini membahas mengenai kedudukan tertanggung dan perlindungan hukum tertanggung apabila suatu perusahaan asuransi jiwa dinyatakan pailit. Penelitian ini menggunakan yuridis normatif. Teknik pengumpulan data dilakukan dengan studi pustaka dan wawancara dengan informan terkait yaitu kurator. Ketika perusahaan asuransi dinyatakan pailit. Kedudukan hukum tertanggung sesuai Undang-Undang Perasuransian, memiliki kedudukan “sebagai kreditor preferen” dengan ketentuan tertanggung berada pada posisi “setelah penghitungan biaya pajak, biaya sewa, biaya listrik, upah karyawan dan fee kurator”. Perlindungan hukum diberikan kepada tertanggung diantaranya dengan menunjuk seorang kurator sebagai orang yang mengurusi harta pailit. Sebagaimana peristiwa hukum yang terjadi pada “PT Asuransi Jiwa Bumi Asih Jaya” yang dipailitkan pada tahun 2015 dan sampai 2018 belum melakukan kewajibannya membayar utang. “PT. Asuransi Jiwa Bumi Asih Jaya” menanggung resiko usaha karena tidak terpenuhinya tingkat solvabilitas yang sudah ditentukan dalam Undang-Undang.Kata Kunci : asuransi; perlindungan hukum tertanggung; dinyatakan pailit
34
Hamonangan, Alusianto, Ria Sintha Devi, and Melky Saro Bulyan Zebua. "PERLINDUNGAN HUKUM TERHADAP AHLI WARIS ATAS UANG PERTANGGUNGAN ASURANSI JIWA (Studi Kasus Putusan Pengadilan Negeri Lubuk Pakam Nomor : 10/Pdt.G/2015/PN Lbp)." Jurnal Darma Agung 29, no. 2 (April 13, 2021): 44. http://dx.doi.org/10.46930/ojsuda.v29i1.945.
Анотація:
Life insurance is an insurance, whereby an insurer binds himself to an insured person, by receiving a premium, to provide reimbursement due to a death event. Study and analyze the heirs whose names do not recommend as beneficiaries in a life insurance policy to which the heirs have responded as heirs. Indication of wishes to the insured party's wishes submitted in the SPAJ and agreed upon in an agreement document called an Insurance Policy. In this study raised the title Legal Protection Against Inheritance Who Is Not Designated in Life Insurance Policy (Study District Court Decision Number: 10 / Pdt.G / 2015 / PN Lbp). The formulation of the problem in this research, first how are the beneficiaries in life insurance after the insured dies (District Court Decision Number: 10 / Pdt.G / 2015 / PN Lbp)? Second, how are the legal efforts of the heirs appointed to get the right to money? life insurance coverage as inheritance (District Court Decision Number: 10 / Pdt.G / 2015 / PN Lbp)?, three, how is the legal protection in the decision that decides the inheritance rights to life insurance coverage money (District Court Decision Number: 10 / Pdt.G / 2015 / PN Lbp)?. This type of research is a normative legal approach method, the nature of this research is descriptive in accordance with the problem and research objectives.The results of the study investigated the consideration that the judge's consideration in making the decision number: 10 / Pdt.G / 2015.PN Lbp, based on several considerations, the judge examined arguments, letters, certificates and decided that the sum insured was an inheritance that the panel of judges ordered and passed guided by arguments, evidence and evidence submitted in the trial. The judge's decision obtains a stipulation regarding the legal heir for the party who wins the case, obtains legal certainty regarding the status of inheritance ownership in the form of compensation from life insurance. As a recipient of life insurance funds, they have an administration because the heirs are actually the heirs regulated in the Civil Code and determined by a judge's decision. The judge's decision obtains a stipulation regarding the legal heir for the winning party in the case, obtains legal certainty regarding the status of inheritance ownership in the form of compensation from life insurance to the legal heir.
35
Schmaltz, Christian, and Periklis Thivaios. "Are Credit Default Swaps Credit Default Insurances?" Journal of Applied Business Research (JABR) 30, no. 6 (October 29, 2014): 1819. http://dx.doi.org/10.19030/jabr.v30i6.8900.
Анотація:
No, they are not. Although they exhibit similar cash flow patterns (economic perspective) this article argues that from a legal, accounting and regulatory perspective credit default swaps (CDS) are not considered to be an insurance contract. The protection buyer of a CDS is eligible to obtain the compensation without suffering any loss (and potentially realizing a gain) whereas insurance policies only pay out to compensate a loss (and not potentially realizing a gain). This disconnect between protection and exposure is the source for potential over-coverage. Furthermore, the concentrated set of reference entities and (interbank) counterparties as well as their tradeability make CDSs highly systemically significant products. Our conclusion is that CDSs are not default insurance policies. We propose to use default protection instead of credit default insurance to avoid the mislabelling. Furthermore, CDS have a substantial systemic risk potential which sharply contrasts to the limited systemic risk in the insurance industry. The legal classification of CDS as insurance contracts would have an enormous impact on the liquidity of CDS, as the ability of counterparties to issue and participate in CDS contracts would be limited.
36
Marano, Pierpaolo. "Navigating InsurTech: The digital intermediaries of insurance products and customer protection in the EU." Maastricht Journal of European and Comparative Law 26, no. 2 (April 2019): 294–315. http://dx.doi.org/10.1177/1023263x19830345.
Анотація:
Emerging technology-driven innovations in the insurance industry is a trend of recent years. ‘InsurTech’ is the portmanteau describing this phenomenon. Insurance intermediaries are the main distributors of the insurance contracts and several digital intermediaries are already operating with InsurTech. The European Union legal framework on insurance distribution mainly consists of the Insurance Distribution Directive, which came into force a few months ago. However, the Insurance Distribution Directive does not provide standards specifically dictated to these intermediaries. The paper aims to verify, despite this shortcoming, whether and how the recent discipline applies to digital intermediaries.
37
Kurnianda, Aqsa Januar Widi. "Legal Cancellation of Property Rights Certificate to Land which is Enough with Insurance Rights." Sultan Agung Notary Law Review 3, no. 3 (August 18, 2021): 973. http://dx.doi.org/10.30659/sanlar.3.3.973-985.
Анотація:
If observed, the provisions of Article 32 paragraph (1) of the PP on Land Registration have weaknesses, where the state does not guarantee the truth of the physical data and juridical data presented and there is no guarantee for the certificate owner because at any time they will get a lawsuit from other parties who feel aggrieved over issuance of certificate. And if it turns out that in the future the land rights are disputed and the mortgage giver is declared not as the person / party entitled to the land, which will thus have implications for the mortgage that burdens the land rights. This study aims to find out the legal consequences of canceling a certificate of ownership of land that is being encumbered by Mortgage at the Land Office of Palembang City and to find out the legal protection for separate creditors as holders of Mortgage on the canceled land title certificate. The approach method used in writing this law is sociological juridical which means carried out with observation steps carried out in accordance with the formulation of the problem, collecting data from literature or doctrinal research from secondary materials and interviews and to find out the problems being researched which in this case relates to the object. study. The research problem is analyzed with the theory of authority, the theory of legal certainty, and the theory of legal protection. The results of the study indicate that the legal consequences of canceling the certificate of ownership of land that are being encumbered with Mortgage Rights, namely the change in the position of the creditor, which was originally located as a preferred creditor which has material rights, then is located as a concurrent creditor who has individual rights. Legal protection for creditors for the abolition of the object of mortgage can be obtained with preventive legal protection and repressive legal protection. Preventive legal protection is legal protection that is preventive in nature, that is, it can be through an agreement by including a clause regarding the replacement of the dependent object with other objects owned by the debtor in the event of the elimination of the right to the dependent object that is burdened with the mortgage.
38
Et. al., Nadia Yas ,. "Implications of Compulsory Car Accident Insurance Comparative Study." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 2 (April 10, 2021): 2410–20. http://dx.doi.org/10.17762/turcomat.v12i2.2052.
Анотація:
Compulsory civil liability insurance on car accidents is one of the most important topics, which aims to achieve traffic safety and reduce car accidents. Today, car accidents constitute a great danger to human life as they cause different types of physical and moral damages. This study, however, attempts to highlight the effectiveness of compulsory insurance in providing legal protection for damages resulting from car accidents. Such protection can be achieved through the process of creating legal mechanism to enable injured people to refer to insurance companies. It is quite apparent that nobody can deny the importance of insurance and its influence on people’s lives. Insurance companies nowadays have become an essential cornerstone in the economy of any country. An insurance contract has legal consequences on the parties, which leads to corresponding obligations. These parties are committed to comply with these obligations otherwise, any violation will be treated as per the prescribed legal sanctions. In conclusion, any research or study on the compulsory insurance system whether in the Emirati law or in Islamic Sharia is highly recommended as part of the attempts to solve and rectify any legal and legitimate problems in this system. An essential objective of the Islamic Sharia is to achieve all fair interests of people. Arab and international legislation consider car insurance compulsory with some exceptions in order to compensate all those affected by a car accident. Arab and other foreign laws as well as the legitimate ones have differed in their choices of car insurance basis. Many legislations in the field of compulsory insurance have limited the right of compensation to body damage. Some other legislations have covered damages of property. Most legislations have not specified the amount of compensation that the insurer is obliged to pay in case of injury, death, or property damages. companies.
39
Swandewi, Ni Kadek Vikka Ayu, Ni Luh Made Mahendrawati, and I. Putu Gede Seputra. "Kedudukan Hukum Pemegang Polis Pada Perusahaan Asuransi yang Dinyatakan Pailit." Jurnal Konstruksi Hukum 2, no. 3 (July 1, 2021): 520–25. http://dx.doi.org/10.22225/jkh.2.3.3635.520-525.
Анотація:
In this era of globalization, insurance has been considered as a basic need which is a human need for security. Insurance is a form of risk management that is formed with the aim of avoiding the possibility of an uncertain risk of loss. This study aims to examine the legal position of policyholders as creditors in insurance companies and to reveal the legal protection of policyholders in insurance companies that are declared bankrupt. This study uses a normative research method because there is still a conflict of norms, with the approach to legislation. The data is sourced from the opinions of legal scholars and data law. The data sources are primary and secondary data obtained through recording and documentation, then the data is processed using interpretation and descriptive. Based on the Bankruptcy Law and PKPU Article 1 number 2, creditors are parties who have receivables due to agreements or laws that can be collected in advance of services. In the context of the legal protection of the policyholder, the Insurance Act has regulated the existence of a policy guarantor institution in which the purpose of the establishment of a policy guarantee program is to guarantee the return of part or all of the rights of the policyholder. In the bankruptcy and liquidation of an Insurance Company, it is expected that the curator will pay attention to the right of the Policy Holder to obtain compensation from the bankruptcy assets of the Insurance Company.
40
Kumala, Wisnu, Yaswirman Yaswirman, and Ulfanora Ulfanora. "Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014." JURNAL MERCATORIA 12, no. 2 (December 26, 2019): 102. http://dx.doi.org/10.31289/mercatoria.v12i2.2748.
Анотація:
There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.
41
Albalawi, Khalaf M. "Critical evaluation of English and Saudi insurance law: A case for reform." RUDN Journal of Law 25, no. 2 (December 15, 2021): 582–600. http://dx.doi.org/10.22363/2313-2337-2021-25-2-582-600.
Анотація:
The global significance of English law continues, particularly in Saudi as it is the most frequently chosen insurance policy law. Both jurisdictions provide consumer protections in insurance markets including the Consumer Insurance (Disclosure and) Act and the 2015 Insurance Act and the Insurance Consumer Protection Principles 2014 in Saudi Arabia. This study aims to analyse the current reform impact on the interpretation of these doctrines between the UK and Saudi jurisdictions. In the last few years British insurance law has been significantly reviewed and modified and the most recent amendments, as per the Insurance Act 2015, are of the greatest significance and will be given due consideration within this paper. However, both the rationale for the reforms and the reform process will be reviewed as well as the UK perspective of the increasing rivalries between countries on account of legal business.
42
Kvanina, Valentina V., and Tamara I. Makarova. "SYSTEMIC PROBLEMS IN THE LEGAL PROVISION OF ENVIRONMENTAL INSURANCE AT THE FEDERAL AND REGIONAL LEVELS." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 159–73. http://dx.doi.org/10.17223/22253513/39/13.
Анотація:
In the context of the environmental crisis, the problem of the optimal set of funds neces-sary for environmental protection is acute, one of the tools of such protection being environmental insurance - an element of economic regulation established by the federal law “On Environmental Protection”. The study of scientific approaches, as well as the analysis of federal and regional legislation, which in a greater or lesser degree forms this legal institution, has revealed its systemic shortcomings, which are manifested mainly in its lack of develop-ment and, as a result, in whitespace. The authors propose the directions for the development of environmental insurance insti-tute that are based on the understanding of its complexity and interdisciplinarity that is mani-fested in its establishment by the rules of civil and environmental legislation. Being an inte-grated institution, it has great potential for development within the framework of civil and environmental legislation at the federal (civil and environmental legislation) and regional (environmental legislation) levels. It is necessary to pass not only the federal law on environ-mental insurance but also the acts of the subjects of the Russian Federation, which can take into account their regional features (environmental risks, environmental threats and measures to support insurers). The authors are convinced that the restructuring of the legal provision of environmental insurance should be carried out simultaneously with legislation directly affecting the applica-tion of environmental insurance rules, in particular, tax in terms of the inclusion of the insurance premium in the cost of income tax, which could be an incentive to conclude an environmental insurance contract. The development of environmental insurance also depends on the supporting measures of the potential insurers on the federal level.
43
Jovanović, Slobodan. "Negative interest rate and the possibility of terminating life insurance contract due to changed circumstances." Tokovi osiguranja 37, no. 4 (2021): 57–86. http://dx.doi.org/10.5937/tokosig2104057j.
Анотація:
Although low interest rates, after the global financial crisis, were supposed to have positive effects on economic activity, such policy also had certain disadvantages that adversely affected the financial system. In this paper, the author discusses life insurance where the insured's share in the insurer's profit is contracted, the insurer's contractual protection against unfavourable interest rate trends, the possibility of terminating or amending a life insurance contract due to changed circumstances based on legal provisions and legal theory, and partly aspects of the legal nature of life insurance contracts. The author concludes that life insurance contracts have characteristics that classify them as bilateral contracts, but also because of that they do not meet the requirements to be onerous contracts (it is a legal, not economic-financial characteristic of life insurance contracts). The main obstacle for implementation of the institute of changed circumstances to life insurance contracts is their aleatory legal nature and general principles of contract law that do not take into account economic effects of that insurance line. The institutional framework, indifference of legal theory and case law regarding implementation of the institute of changed circumstances to life insurance contracts due to negative interest rates will continue to burden insurers.
44
Feliks, Danggur. "Legal Protection of Policyholders Due to Bankruptcy of Bumi Asih Jaya Insurance." Khazanah Hukum 4, no. 2 (May 29, 2022): 80–91. http://dx.doi.org/10.15575/kh.v4i2.18100.
Анотація:
PT. Asuransi Bumi Asih JayaInsurance or Asuransi Bumi Asih Jaya failed to pay due to many factors, one of which was due to the Covid-19 pandemic. This condition caused the investment portfolio of the two products to be problematic. After experiencing a default, the Supreme Court finally decided to go bankrupt. So that policyholders must get legal protection from the bankruptcy of Krishna Life. The formulation of the problem in this research is the legal position of the policyholder against the decision of the bankrupt Asuransi Bumi Asih Jayaand the legal protection of the Asuransi Bumi Asih Jayapolicy holder being declared bankrupt. This study also uses a normative juridical research method. As well as using a statutory approach and a conceptual approach. Based on the results of research and discussion of the legal position between Asuransi Bumi Asih Jayaand policyholders under Preferred Creditors and above Concurrent Creditors. Then there is also no legal relationship between Krishna Life and the Policy Holder. This provision is regulated in Article 21 of the Bankruptcy Law/PKPU, so during the bankruptcy process, the assets obtained from Krishna Life are still managed by the Curator because there has been a bankruptcy statement from the Supreme Court Judge at the cassation level. So that there is no legal relationship again between the Insurer, namely Krishna Life and the Insured, namely the policyholder. Legal protection for Asuransi Bumi Asih JayaInsurance even though it has been declared bankrupt based on Article 52 paragraph 1 of the Insurance Law. Asuransi Bumi Asih Jaya Insurance also has the same position and is entitled to obtain the proceeds from the sale of the debtor's assets, both the debtor's assets in the future. The bankruptcy estate settlement process from Life Insurance can be carried out by a Curator who starts the settlement of the bankruptcy estate after the bankruptcy estate is unable to pay and the debtor's business is terminated.
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Alamanda, Asri Elies, and Darminto Hartono. "Perlindungan Konsumen atas Pencabutan Izin Usaha BPR oleh Otoritas Jasa Keuangan." Journal of Judicial Review 23, no. 1 (June 1, 2021): 57. http://dx.doi.org/10.37253/jjr.v23i1.4361.
Анотація:
The revocation of the Rural Bank (BPR) business license is inseparable from the function of the OJK in fostering and supervising the BPR. This study used an empirical legal research method, namely research was conducted at OJK Regional 3 Central Java and Yogyakarta Special Region. The results indicate that there are 2 legal protections provided by the government to depositors of funds, namely preventive and repressive legal protection. Preventive legal protection has the character of preventing problems, including the application of the principles of confidentiality and prudence. Meanwhile, the repressive legal protection that functions to resolve disputes that arise is the Deposit Insurance Corporation (LPS). Then the factors that cause the revocation of the BPR's business license are factors that come from internal BPRs that cannot manage the BPR properly. The revocation of the RB's business license was caused by 2 things, namely the revocation of the business license at the request of the shareholders and the revocation of the business license because the rescue efforts carried out did not bear fruit.
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Kuswardhani, RA Tuty, and I. Nyoman Budiana. "Revealing the Legal Protection of Patients Social Security Administration Agency of Health in Sanglah and Balimed Hospitals Denpasar." Jurnal Hukum Prasada 7, no. 2 (September 21, 2020): 102–10. http://dx.doi.org/10.22225/jhp.7.2.1413.102-110.
Анотація:
Social Security Administration Agency of Health has a National National Health Insurance formulary, but in reality patients do not get drugs according to the National Health Insurance National Formulary. Therefore, the aims of this study are to determine the legal protection of patients of the Social Security Administration Agency of Health for the elderly in curative therapy in hospitals according to the national formulary of National Health Insurance at Sanglah Hospital and Balimed Hospital, and to know the responsibilities undertaken by the Social Security Administration Agency of Health in fulfilling its obligations for patients the Agency for the Implementation of the Social Health Insurance of the elderly in curative therapy in accordance with the national formulary of the National Health Insurance. This study uses a participatory observational (empirical-observational) empirical legal research method. Sampling with purposive sampling and data collection techniques using triangulation techniques. In principle, legal protection must refer to legal certainty, fairness and benefits for the population participating in the Social Security Administration Agency of Health for the elderly so that it is not impressed that Balimed Hospital and Sanglah General Hospital and the Social Security Administration Agency of Health make a service to consumers who are not good. The legal responsibility that should be obtained by the participants of the Social Security Administration Agency of Health for the elderly in Balimed Hospital and Sanglah Hospital Denpasar which is currently not maximally received by patients participating in the Social Security Administration Agency of Health for the elderly at Balimed Hospital and Sanglah Hospital.
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Seo, Jae Wook, and Eun Hee Ko. "Investment of insurers on general agencies: Legal issues review." Korean Insurance Law Association 16, no. 2 (June 30, 2022): 299–343. http://dx.doi.org/10.36248/kdps.2022.16.2.299.
Анотація:
General agencies are gaining market share within insurance sales market, based on their advantage to compare and sell different kinds of insurance products. Size of individual general agency is getting bigger, as medium-to-large sized agencies attract more sales agents and gain market share. As these agencies exert greater influence in the sales market, insurers are trying to enhance their bargaining power by acquiring stakes of general agencies or establish agency themselves as a form of subsidiary.
In case when insurers invest in such agencies by acquiring stakes, the insurers must abide by requirements of Insurance Business Act, and the Act on the Structural Improvement of the Financial Industry, and etc. Those include restrictions of insurers acquiring stake of other companies and obtaining an approval from the Financial Services Commission. In addition, when insurers hold a general agency as their subsidiaries, the insurers should comply with the various requirements set forth in the Insurance Business Act and its subordinate regulations.
Also, general agencies must follow relevant regulations such as the Insurance Business Act and the Financial Consumer Protection Act as the agencies themselves are insurance solicitors and financial product distribution agents or brokers.
Penalties and sanctions can be applied to the agencies in case of violation. Particularly, the Financial Consumer Protection Act imposes strong sanctions on violation of its sales regulation, to prevent financial consumer damages from miss- selling of financial products. The Act has also introduced stronger measures to enhance effectiveness for consumer remedies.
Therefore, reviewing those regulations details and violation effects are important when determining size and risk of the insurers’ investment to such agencies. It is necessary to ensure sound management on general agencies and protect insurance consumers by regulating governance of general agencies, such as setting up internal control standards, and etc.
Particularly, Regulation on Supervision of Insurance Business prohibits insurers from supporting rental fees and etc. to agencies as a business standard for general agencies. The issue can be problematic as insurers provide money through stake investment. That said, it is appropriate to exempt such action from prohibition, unless stated otherwise, as capital procurement through stake acquisition is an execution of investment and do not share the same legal character of lease or borrowings.
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Gusev, A. Yu. "Digitalization and protection of citizens' rights compulsory social insurance." Voprosy trudovogo prava (Labor law issues), no. 5 (May 23, 2021): 398–401. http://dx.doi.org/10.33920/pol-2-2105-02.
Анотація:
The subject of this article was the issues related to the protection of the rights of citizens in the field of compulsory social insurance in the conditions of digitalization. It is shown that in order to ensure effective and safe conditions for the use of digital technologies, it is necessary to include universal basic approaches in the legal regulation. Specific examples of how the tasks of digitalization of social services in the field of social security are currently actively implemented by the social insurance Fund of the Russian Federation are given. English version of the article is available at URL: https://panor.ru/articles/digitalization-and-protection-of-citizens-rights-in-compulsory-social-insurance/71242.html
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Badriyah, Siti Malikhatun, R. Suharto, Siti Mahmudah, and Marjo Marjo. "UNDERSTANDING OF DEPOSIT PROTECTION FUND AS A GUARANTOR IN THE AGREEMENT BETWEEN CUSTOMERS AND BANKS." Refleksi Hukum: Jurnal Ilmu Hukum 4, no. 1 (December 22, 2019): 77–96. http://dx.doi.org/10.24246/jrh.2019.v4.i1.p77-96.
Анотація:
The function of the Indonesia Deposit Insurance Corporation (IDIC) is to guarantee a deposit of customers. The guarantee is significantly important for the main financial industries, such as a bank whose activity is to raise funds from the public and distribute the funds back to the public. As a consequence, public trust becomes the primary factor. In spite of the useful function of the IDIC, the public is still not familiar with the organization and they often question whether the status of the IDIC is a guarantee or insurance. This issue potentially creates a dispute between parties who are the bank and the customer. Hence, this research aims to discover evidence relating to the IDIC as the guarantor in the agreement between bank and customer. This research used a legal pluralism method that integrates juridical research, sociological research (living law) and philosophical research. The result of the research indicates the uncertainty of the status of the IDIC, whether it is a guarantee or insurance, whereas both statuses maintain different legal consequences. The uncertainty may lead to legal uncertainty and result in the disruption of the balance of both parties’ legal relationships.
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Karim, Kairuddin. "Legal Protection for Increasing Insurance to Firefighters which Experiences Work Risk in the Field." Amsir Law Journal 1, no. 1 (October 8, 2019): 1–6. http://dx.doi.org/10.36746/alj.v1i1.16.
Анотація:
The implementation of social protection is one of the responsibilities of the state which is adjusted to the state's financial condition. Social protection is called Jamsostek (Labor Social Security). Jamsostek provides an assurance and protection against socio-economic risks, which can arise due to workplace accidents, disability, illness, old age and death. Protection of security for workers in order to concentrate more on increasing motivation and work productivity is the main thing that must be prioritized by employers. The legal basis must provide a sense of justice, certainty, and legal benefit to firefighters who experience work risks in the field.