TINJAUAN YURIDIS TERHADAP ASAS KESEIMBANGAN DALAM PERJANJIAN ASURANSI JIWA DI INDONESIA

Damanik, Grace Sonya (2025) TINJAUAN YURIDIS TERHADAP ASAS KESEIMBANGAN DALAM PERJANJIAN ASURANSI JIWA DI INDONESIA. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

ABSTRACT: The principle of balance in life insurance agreements in Indonesia plays an essential role because such agreements are typically standardized contracts drafted unilaterally by insurance companies. This places policyholders in a weaker position, as they have no opportunity to negotiate the clauses. Achieving a balance of rights and obligations between the insurer and the insured is key to ensuring fairness and protecting the interests of both parties. Provisions regarding this principle are reflected in the Indonesian Civil Code (KUHPerdata), the Commercial Code (KUHD), Law No. 40 of 2014 on Insurance, and the Consumer Protection Law. This principle is further reinforced by Constitutional Court Decision No. 83/PUU-XXII/2024, which stipulates that the cancellation of a policy cannot be carried out unilaterally; it must be based on mutual consent or a court ruling. The principle of good faith must also apply reciprocally, requiring insurers to act transparently and responsibly regarding the contents of the policy. Although the regulatory framework is clear, its implementation still faces challenges, including administrative claim rejections and low public understanding of policy provisions. Therefore, effective legal protection is crucial. Preventive measures through education and transparency, along with repressive measures through law enforcement, are key to realizing a healthy and equitable life insurance system in accordance with Indonesia’s legal framework. Keywords: Principle of Balance; Agreement; Life Insurance.

Item Type:

Thesis (Undergraduate)

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