ANALISIS YURIDIS PERTIMBANGAN MAJELIS HAKIM DALAM PENERAPAN PASAL 22 PSKI MENGENAI PEMBATALAN POLIS ASURANSI YANG DILAKUKAN SECARA SEPIHAK

Simangunsong, Jonathan (2020) ANALISIS YURIDIS PERTIMBANGAN MAJELIS HAKIM DALAM PENERAPAN PASAL 22 PSKI MENGENAI PEMBATALAN POLIS ASURANSI YANG DILAKUKAN SECARA SEPIHAK. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

This scription is entitled “Juridical Analysis of Judges' Considerations in the Implementation of Article 22 of the PSKI regarding the Termination of the Insurance Policy Performed Unilaterally. Insurance is a risk management. Insurance policy which is an agreement made by the insurer and the insured as a step of the insured to avoid the risks that might occur. Insurance policy is certainly based on the agreement of the parties, both the guarantor and the insured to commit themselves to the agreement. Insurance policy is an agreement that certainly subject to the principle of freedom of contract. However, Article 22 of the PSKI regulates the termination of an insurance policy uniterally which is contrary to the principle of freedom of contract stipulated in Article 1338 paragraph 2 of the Civil Code that an agreement can not be withdrawn without the agreement of the parties unless there is a reason supported by the Law. The purpose of this study is to find out the legal considerations used by the Judges in applying Article 22 of the PSKI regarding the termination of the insurance policy. The legal research method used is juridical normative method with descriptive qualitative data analysis method. The result of the research is that the implementation of Article 22 of the PSKI concerning the termination of the insurance policy is right and valid because the PSKI is a special provision of the Civil Code and the Commercial Code and will bind the parties that agree. On the other hand, the reasons used by the Judges namely the recommendations are not fulfilled to make efforts to save and minimize the risk by the insured is a appropriate reason for terminating an insurance policy.

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