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International Journal of
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VOL. 8, ISSUE 5 (2022)
Legal reconstruction of fire insurance agreements on mortgaged buildings using the Indonesian standard fire insurance policy based on justice value
Authors
Gunarto, Rois Harliyanto, Anis Mashdurohatun
Abstract
The purpose of this study is to examine and analyze the Fire Insurance Agreement Using the Indonesian Fire Insurance Standard Policy (PSAKI) on Building Object on Mortgage by examining its legal weaknesses and how to reconstruct the law in accordance with the justice value. The approach method used is socio-legal research. The type of legal research used is descriptive-analytical empirical. The approach applied to discuss the above problems is through a statute approach, a case approach, a historical approach, a comparative approach, and a conceptual approach. The result of the study shows the Weaknesses in Fire Insurance Agreements Using the Indonesian Standard Fire Insurance Policy (PSAKI) for Building Objects Attached to Mortgages can be seen in the use of PSAKI policy, if the claim is not caused by the risks listed in the policy, the claim cannot be processed. The amount of compensation takes into account depreciation, while there is no clear regulation regarding the amount of depreciation means that it can lead to disputes between insurance companies and customers/debtors. Therefore, the Legal reconstruction of the Fire Insurance Agreements Using the Indonesian Fire Insurance Standard Policy (PSAKI) for Building Objects Attached to Mortgage Based Justice is in the form of a balance of rights and obligations between the insured and the insurer. The rights of the insured party, such as: a. The insured party has the right as a consumer not to become the object of business activity in reaping the maximum profit in accordance with Law No. 8 of 1999 concerning Consumer Protection, along with the obligations of the insured party, such as: The insured party has an obligation to pay premiums insurance to the insurer as regulated in Article 264 of the Indonesian Commercial Code.
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Pages:120-124
How to cite this article:
Gunarto, Rois Harliyanto, Anis Mashdurohatun "Legal reconstruction of fire insurance agreements on mortgaged buildings using the Indonesian standard fire insurance policy based on justice value". International Journal of Law, Vol 8, Issue 5, 2022, Pages 120-124
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