Sumitro, Hotasi Albin
(2018)
Tanggung jawab perusahaan asuransi terhadap pemegang polis atas dipailitkannya perusahaan oleh otoritas jasa keuangan (studi kasus terhadap putusan peninjauan kembali nomor 101 pk/pdt-sus.Pailit/2016) = Responsibilty of insurance companies to the policy holders for the company’s provisions by the authority of financial service (case study of judicial review judgement number 101 pk/pdt-sus.Pailit/2016).
Bachelor thesis, Universitas Pelita Harapan.
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Abstract
An insurance company is a company that can bear any risk that will be faced by its costumers either individuals or business entities. In conducting its business,the insurance company in Indonesia is subject to the provisions of the regulation set by the government, namely the level of solvency set forth in Decree of the Minister of Finance No. 424 / KMK.06 / 2003. Considering that maintaining solvency is important for the survival of an insurance company, some insurance companies in Indonesia still do not pay attention to the solvency ratio so that the company causes the company to be insolvency. The insolvency condition is experienced by PT Asuransi Bumi Asih Jaya so that it is filed for bankruptcy by the Financial Service Authority. The formulation of the problem in this thesis is how the legal protection for the policyholders due to the occurrence of wanprestasi conducted by PT Asuransi Jiwa Bumi Asih Jaya and how the form of responsibility of the parties related to the status of insurance companies that have been declared bankrupt. In this legal research, normative judicial approach is done by library research. The result of the research in this thesis is the legal protection against the policyholders by filling a bankruptcy suit based on the policy holder and the violation of the solvency level stipulated in Decree of the Minister of Finance No. 424 / KMK.06 / 2003. The responsibility of the parties related to the existence of the company declared bankcrupt is the curator responsible for the management of the division of PT Asuransi Jiwa Bumi Asih Jaya’s property. The Company is responsible for fulfilling the obligations to the policyholders first because it has a higher position than the other party. The Company may grant the policyholder the option to transfer a valid insurance portopolio to an insurance company that has the same field.
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