KEDUDUDUKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG DAN PERLINDUNGAN HUKUM PADA NASABAH PERUSAHAAN ASURANSI TERHADAP PERMOHONAN PAILIT
| Main Author: | Darwinsyah, Darwinsyah |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/1710/1/KEDUDUDUKAN%20UNDANG-UNDANG%20NOMOR%2037%20TAHUN%202004%20TENTANG%20KEPAILITAN%20DAN%20PENUNDAAN%20KEWAJIBAN%20PEMBAYARAN%20UTANG%20DAN%20PERLINDUNGAN%20HUKUM%20PADA%20NASABAH%20PERUSAHAAN%20ASURANSI%20TERHADAP%20%20PERMOHONAN%20PAILIT.pdf https://eprints.untirta.ac.id/1710/ https://fh.untirta.ac.id/ |
Daftar Isi:
- Insurance agreements occur because of an agreement between the insured and the insurer. Since the agreement was reached, the insured is obliged to pay a premium and the insurer accepts the transfer of risk, if there is an uncertain event. If an insurance company experiences bankruptcy, the company's wealth needs to be protected so that policyholders can still obtain their rights proportionally. This study aims to determine whether Law No. 37 of 2004 has provided legal protection to insurance companies as trust-based institutions and whether bankruptcy requirements in the form of debt contained in Law No. 37 of 2004 concerning Bankruptcy and Delaying Obligations to Pay Debt can be avoid the occurrence of dissenting opinions at Level I of the Commercial Court and the Cassation Level at the Supreme Court. The approach method used in this study is a normative juridical approach is to examine and test legislation, namely Law Number 37 of 2004 concerning Bankruptcy and Delay of Obligations to Pay Debt and the specification of the research used is descriptive analytical namely describing the facts and analyzing the provisions - provisions relating to bankruptcy in insurance companies, after obtaining the data are then analyzed by qualitative analysis methods. Based on the results of the study it can be concluded, that with the existence of Law Number 37 of 2004 concerning Bankruptcy and Delaying Obligations to Pay Debt in Article 2 paragraph (5), insurance companies have obtained legal protection with the determination of parties / institutions that can file bankruptcy applications namely the Minister of Finance so that insurance companies cannot be bankrupt by any party. Keywords: Insurance Agreement, Law Number 37 of 2004, PT Asuransi Jiwa Manulife Indonesia By PT Dharmala Sakti Sejahtera And Bankruptcy of PT Prudential Life Assurance