The Meaning of The Principle of Interest (Insurable Interest) in The Insurance Agreement for Legal Purposes

The Meaning of The Principle of Interest (Insurable Interest) in The Insurance Agreement for Legal Purposes

Authors

  • Zahra Mahrunisa Airlangga University

DOI:

https://doi.org/10.29303/ius.v10i1.917

Keywords:

Insurance, Legal Purpose, Meaning, Principle of Interest

Abstract

The juridical problem in this study is that there has been no explanation of the basic meaning of interest in Law Number 14 of 2014 on Insurance (vacuum of norms), so there is no standardization of the basic meaning of interests and their characteristics. This research is juridical-normative, using legal theory, contract theory, and insurance theory, as well as using statute approach and conceptual approach. According to interest theory, the object of insurance is attached to subjective rights that are intangible. The interest is absolute, meaning it must be on every insurance object and follow wherever the insurance thing is located. The interest must already be on the insurance object at the time the insurance is held or at least at the time of the event that incurs a loss (evenemen). For the insured who have insurance, the interest is attached to the insurance object. In the context of insurance agreements, achieving interests based on fairness and benefit can not only be based on the insurance benefit but rather the benefit of the opportunity for the party that should be insured for equality.

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References

Books

Abdulkadir Muhammad, (2006), Indonesian Insurance Law, Citra Aditya Bakti, Bandung.

Djoko Prakoso, I Ketut Murtika, (1989), Indonesian Insurance Law, PT. Literacy Development, Jakarta.

E Setiawan, (2019), Indonesia Dictionary.

Junaedy Ganie, (2013), Indonesian Insurance Law, Sinar Graphic, Jakarta.

Manuel G. Velasquez, (2006), Business Ethics - Concepts and Cases, 6th Edition, Pearson Education Inc.

Mulhadi, (2017), Fundamentals of Insurance Law, PT. Rajagrafindo Persada, Depok.

Ridwan Khairandy, (2012), Basics Of Indonesian Commercial Law, FHUII Press, Yogyakarta.

Wirjono Prodjodikoro, (1987), Insurance Law in Indonesia, PT. Intermas, Jakarta.

Journal and Other Scientific References

Muhammad Noor, (2015), Application of Legal Principles of Obligation in Contract Making. Islamic Law, Vol. 7 No. 1, 2015.

Rosiani Niti Pawitri, (2017), Position And Legal Protection Of Policyholders In Bankruptive Insurance Companies Based On Law Number 40 Of 2014 Concerning Insurance. Legal Discourse, Vol. 23 No. 1, 2017.

Regulations

Indonesia, Constitution of 1945.

Trade Law Book (KUHD).

Civil Code (KUHPerdata).

Indonesia, Law Number 40 of 2014 concerning Insurance.

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Published

2022-04-17

How to Cite

Mahrunisa, Z. (2022). The Meaning of The Principle of Interest (Insurable Interest) in The Insurance Agreement for Legal Purposes. Jurnal IUS Kajian Hukum Dan Keadilan, 10(1), 43–54. https://doi.org/10.29303/ius.v10i1.917
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