Aurora Wina Muthmainnah
Abstrak :
[ABSTRAK
Asuransi merupakan salah satu lembaga keuangan yang terus berkembang seiring
dengan membaiknya perkembangan ekonomi di Indonesia. Dengan pesatnya
perkembangan perekonomian dan bisnis yang terjadi, kebutuhan masyarakat akan
perlindungan terhadap resiko kerugian semakin meningkat. Namun asuransi
dalam kenyataannya seringkali tidak dipercaya oleh masyarakat karena praktik
asuransi dianggap lebih merugikan daripada menguntungkan. Hal ini diakibatkan
karena minimnya perlindungan hukum dalam melakukan perjanjian asuransi.
Tulisan ini difokuskan kepada pengaturan aspek kebebasan berkontrak,
kecermatan berkontrak serta urgensi pembuatan kontrak berbentuk akta otentik
dalam pembuatan polis asuransi. Dalam Undang-Undang, perjanjian asuransi
sedikit banyak diatur dalam Kitab Undang-Undang Hukum Dagang sedangkan
peraturan Undang-Undang dan peraturan pendukung lainnya hanya mengatur
aspek asuransi dari segi tata usahanya saja. Penulisan ini menggunakan metode
kepustakaan serta wawancara kepada pihak-pihak terkait. Jenis data yang
digunakan adalah data sekunder. Metode analisis yang digunakan adalah metode
kualitatif guna mendapatkan data yang bersifat evaluatif analitis. Dasar
pembuatan polis asuransi terdapat dalam Kitab Undang-Undang Hukum Dagang
pasal 255. Otentifikasi Polis asuransi ditujukan untuk meminimalisir kerugian
yang akan muncul dan sebagai bentuk kepastian hukum bagi para pihak.
Otentifikasi polis asuransi diharapkan dapat memberikan kepastian lebih terhadap
asas kebebasan berkontrak dan unsur kecermatan berkontrak yang merupakan
salah satu aspek penting dalam melakukan perjanjian.
ABSTRACT
Insurance is a financial institution that continues to grow in line with the
improving economic development in Indonesia . With the rapid development of
economy and business that happens, public needs protection against the risk of
loss is increasing. But in reality, insurance is often not trusted by the public
because of insurance practices are considered more detrimental than beneficial.
This is caused by the lack of legal protection in the conduct of insurance
agreement. This paper focuses on the aspect of freedom of contract arrangements,
the precision of contract as well as the urgency of making the contract in the form
of an authentic act of making an insurance policy. In reality, the insurance
agreement more or less regulated in the Law on Commercial Law Act regulations
while and other supporting regulations only regulate the insurance aspects of their
business in terms of grammar only. This study, using literature as well as
interviews to the relevant parties . The type of data used are secondary data and
primary data . The analytical method used is a qualitative method to obtain
analytical data that is evaluative . Manufacture of basic insurance policy contained
in the Book of the Commercial Law Article 255 . Authentication insurance policy
intended to minimize the losses that will arise and as a form of legal certainty for
the parties . Authentication insurance policy is expected to provide more certainty
to the principle of freedom of contract and precision element of contract , which is
one important aspect in making agreements.;Insurance is a financial institution that continues to grow in line with the
improving economic development in Indonesia . With the rapid development of
economy and business that happens, public needs protection against the risk of
loss is increasing. But in reality, insurance is often not trusted by the public
because of insurance practices are considered more detrimental than beneficial.
This is caused by the lack of legal protection in the conduct of insurance
agreement. This paper focuses on the aspect of freedom of contract arrangements,
the precision of contract as well as the urgency of making the contract in the form
of an authentic act of making an insurance policy. In reality, the insurance
agreement more or less regulated in the Law on Commercial Law Act regulations
while and other supporting regulations only regulate the insurance aspects of their
business in terms of grammar only. This study, using literature as well as
interviews to the relevant parties . The type of data used are secondary data and
primary data . The analytical method used is a qualitative method to obtain
analytical data that is evaluative . Manufacture of basic insurance policy contained
in the Book of the Commercial Law Article 255 . Authentication insurance policy
intended to minimize the losses that will arise and as a form of legal certainty for
the parties . Authentication insurance policy is expected to provide more certainty
to the principle of freedom of contract and precision element of contract , which is
one important aspect in making agreements.;Insurance is a financial institution that continues to grow in line with the
improving economic development in Indonesia . With the rapid development of
economy and business that happens, public needs protection against the risk of
loss is increasing. But in reality, insurance is often not trusted by the public
because of insurance practices are considered more detrimental than beneficial.
This is caused by the lack of legal protection in the conduct of insurance
agreement. This paper focuses on the aspect of freedom of contract arrangements,
the precision of contract as well as the urgency of making the contract in the form
of an authentic act of making an insurance policy. In reality, the insurance
agreement more or less regulated in the Law on Commercial Law Act regulations
while and other supporting regulations only regulate the insurance aspects of their
business in terms of grammar only. This study, using literature as well as
interviews to the relevant parties . The type of data used are secondary data and
primary data . The analytical method used is a qualitative method to obtain
analytical data that is evaluative . Manufacture of basic insurance policy contained
in the Book of the Commercial Law Article 255 . Authentication insurance policy
intended to minimize the losses that will arise and as a form of legal certainty for
the parties . Authentication insurance policy is expected to provide more certainty
to the principle of freedom of contract and precision element of contract , which is
one important aspect in making agreements., Insurance is a financial institution that continues to grow in line with the
improving economic development in Indonesia . With the rapid development of
economy and business that happens, public needs protection against the risk of
loss is increasing. But in reality, insurance is often not trusted by the public
because of insurance practices are considered more detrimental than beneficial.
This is caused by the lack of legal protection in the conduct of insurance
agreement. This paper focuses on the aspect of freedom of contract arrangements,
the precision of contract as well as the urgency of making the contract in the form
of an authentic act of making an insurance policy. In reality, the insurance
agreement more or less regulated in the Law on Commercial Law Act regulations
while and other supporting regulations only regulate the insurance aspects of their
business in terms of grammar only. This study, using literature as well as
interviews to the relevant parties . The type of data used are secondary data and
primary data . The analytical method used is a qualitative method to obtain
analytical data that is evaluative . Manufacture of basic insurance policy contained
in the Book of the Commercial Law Article 255 . Authentication insurance policy
intended to minimize the losses that will arise and as a form of legal certainty for
the parties . Authentication insurance policy is expected to provide more certainty
to the principle of freedom of contract and precision element of contract , which is
one important aspect in making agreements.]
2015
T43028
UI - Tesis Membership Universitas Indonesia Library
