Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)

Legal Protection of Mutual Insurance Policyholders in the State of Default

Authors
I Nyoman Sujana
University of Pendidikan Ganesha
Corresponding author. Email: nyomansujanaa2015@gmail.com
Corresponding Author
I Nyoman Sujana
Available Online 3 December 2021.
DOI
10.2991/assehr.k.211203.046How to use a DOI?
Keywords
Legal protection; Joint Business; Policyholder
Abstract

This research is motivated by the researcher’s confusion as a party who explores the company’s legal issues, especially those concerning insurance companies. In general, the legal entity for each insurance company in Indonesia is a limited liability company or at least a cooperative legal entity. However, this is contrary to the Bumiputra Joint Life Insurance Company 1912, which became a mutual business entity. A mutual insurance company is a company that places the policyholders as well as the owner. The mutual insurance company AJB Bumiputra 1912 is currently experiencing a default, where almost all policyholders in Indonesia are experiencing obstacles to obtaining their rights as the insured party. Policyholders never know that they are all owners of the company. The management of AJB Bumiputra 1912 in the form of a Mutual Legal Entity is unknown in Indonesian legal institutions, even though AJB Bumiputra 1912 was established before Indonesia’s independence. This research is normative legal research that examines and analyses in depth the position of the policyholder as the insured and at the same time as the owner of the company in the event of a default, by using a statutory approach, especially those that regulate the existence of AJB Bumiputra 1912 as an insurance company in the form of a mutual business. This can be seen from the failure to follow up on the decision of the Constitutional Court Number 32/PUU-XVIII/2020 dated January 14, 2021, which ordered the government to immediately issue a law on this joint venture (mutual); Legal materials were collected using documentation and recording techniques, then analyzed with interpretation and qualitative techniques, with the output target being the design of the concept of the policyholder’s responsibility as the insured and at the same time as the owner of the company in the event of a default.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
3 December 2021
ISBN
978-94-6239-476-6
ISSN
2352-5398
DOI
10.2991/assehr.k.211203.046How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - I Nyoman Sujana
PY  - 2021
DA  - 2021/12/03
TI  - Legal Protection of Mutual Insurance Policyholders in the State of Default
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 207
EP  - 210
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.046
DO  - 10.2991/assehr.k.211203.046
ID  - Sujana2021
ER  -