UPAYA HUKUM BAGI PEMEGANG POLIS ASURANSI YANG MENGALAMI PEMUTUSAN SEPIHAK DITINJAU DARI PERATURAN OTORITAS JASA KEUANGAN TENTANG PERLINDUNGAN KONSUMEN SEKTOR JASA KEUANGAN
Abstract
This study discusses the legal efforts by policyholders who underwent
termination of the policy unilaterally by the insurer / insurers. This study uses the
method of normative juridical / doctrinal where as functioning legal norms (Law in
the book) is by way of literature study, see the law as a function of the norm. The
approach taken is the approach of the Act (Statue Approach), conceptual approaches
that study jurists’ theory (Conceptual Approach) and the approach of the case (Case
Approach).
Accountability Financial Services Authority (FSA) and the insurance company
and legal efforts on cases involving termination of a unilateral policy that refers to
the standard clauses detrimental to the policyholder will be the main discussion of
this thesis. This study aims to determine whether there are arbitrary practices of
insurance companies in Indonesia and incompetence FSA in enforcing consumer
protection rules the financial services sector.
The results showed that the consumer protection law the financial services sector
is rated only a sentence on paper that is not his real application. Too many cases of
unilateral termination policies where the policyholder / insured must accept the
outage ended without any significant resistance.