KEDUDUKAN TERTANGGUNG DALAM KEPAILITAN ASURANSI

Main Author: ., Mulhadi
Format: Article eJournal
Bahasa: eng
Terbitan: [ 79 ] EQUALITY JURNAL HUKUM , 2013
Online Access: http://lib.law.ugm.ac.id/ojs/index.php/je/article/view/2089
Daftar Isi:
  • Indonesia Bankruptcy Law has regulated the rights of the creditor, but it still hasn't regulated about insured as one of the creditor who has privilege rights. On the contrary, Insurance Law (Article 20 point I) mentioned the position of insurance customers in the bankrupt insurance company as mainly creditor. This condition will be a dilemma if we don't carefully care the exits legislation norms. Specially Article I 124 point 2 of Indonesian Civil Code and also principle of lex specialis derogat lex generalis. With that mentioned principle, Law of Insurance can be describes as the specialist law that can remove the norms of Indonesian Civil Code and bankruptcy Law as the general law.