TY - JOUR
T1 - The characteristics of non-litigation resolution for life insurance lawsuit in Indonesia
AU - Huda, Mokhamad Khoirul
AU - Hernoko, Agus Yudha
AU - Khairandy, Ridwan
N1 - Publisher Copyright:
© 2017, by ASERS® Publishing. All rights reserved.
PY - 2017/12/1
Y1 - 2017/12/1
N2 - This study analyzed the characteristics of non-litigation resolution for life insurance lawsuit in Indonesia. The result found that the non-litigation solution for life insurance lawsuit in Indonesia must be through Department of Mediation and Arbitration of Insurance (in Indonesia, known as BMAI). When the mediation-as the legal action from a costumer-was objected, the lawsuit would proceed to the adjudication. When the customer won on this adjudication level, the insurance company was then obligated to do some payment as mentioned on the insurance policy. Furthermore, when the legal action of a customer was objected, the customer was then free to do an arbitrage legal action. The arbitration was final and had fixed legal power. Thus, any appeal, cassation, or judicial review could not be held. The solution for life insurance lawsuit through BMAI has several characteristics such as quick in procedures, dynamic, innovative, cheap, and low budget. In addition, the dispute solution through BMAI is confidential, quick in time, and supported by some experts on related types of lawsuit, thus, it may result in fair judgment.
AB - This study analyzed the characteristics of non-litigation resolution for life insurance lawsuit in Indonesia. The result found that the non-litigation solution for life insurance lawsuit in Indonesia must be through Department of Mediation and Arbitration of Insurance (in Indonesia, known as BMAI). When the mediation-as the legal action from a costumer-was objected, the lawsuit would proceed to the adjudication. When the customer won on this adjudication level, the insurance company was then obligated to do some payment as mentioned on the insurance policy. Furthermore, when the legal action of a customer was objected, the customer was then free to do an arbitrage legal action. The arbitration was final and had fixed legal power. Thus, any appeal, cassation, or judicial review could not be held. The solution for life insurance lawsuit through BMAI has several characteristics such as quick in procedures, dynamic, innovative, cheap, and low budget. In addition, the dispute solution through BMAI is confidential, quick in time, and supported by some experts on related types of lawsuit, thus, it may result in fair judgment.
KW - Characteristic
KW - Customer
KW - Lawsuit
KW - Life insurance
KW - Non-litigation
KW - Solution
UR - http://www.scopus.com/inward/record.url?scp=85061854183&partnerID=8YFLogxK
U2 - 10.14505/jarle.v8.8(30).12
DO - 10.14505/jarle.v8.8(30).12
M3 - Article
AN - SCOPUS:85061854183
SN - 2068-696X
VL - 8
SP - 2419
EP - 2424
JO - Journal of Advanced Research in Law and Economics
JF - Journal of Advanced Research in Law and Economics
IS - 8
ER -