PAPERS BUSINESS LAW
Insurance
Dispute: Buntut Demo yang Rusuh
Edited by:
3A D3
1. Rahmawati 361
10 004
2. Imas Rahayu
Chandra 361 10 005
3. Jessica
Sabrina 361 10 012
4. Fitriah Nurul
Mutmainnah 361 10 020
ACCOUNTING DEPARTMENT
STATE OF POLYTECHNIC UJUNG PANDANG
2013
PREFACE
Praise
and gratitude we pray to Allah subhanahu wata'ala for the blessings and His grace so that this paper can be finished. This paper is one
of the tasks on the subject Business Law for Insurance Law topics.
We
realizes that this paper does not escape from the mistakes and shortcomings
though has been designed in such a way. Therefore, criticism or constructive
suggestions from readers very expect us for the perfection of the preparation
of the next paper. We also would like to thank all those who have helped in the
preparation of this paper, especially to Mr. Dahsan Hasan, SH, MH as Lecturer
in Business Law course which has given a lot of guidance in the preparation of
this paper.
Finally,
we hope this paper may be beneficial to the reader to better understand and
provide additional knowledge of the Insurance Law.
Makassar,
January 2012
Authors
TABLE OF CONTENTS
TITLE PAGE .......................................................................................................... i
PREFACE............................................................................................................... ii
TABLE OF
CONTENTS....................................................................................... iii
CHAPTER I
INTRODUCTION............................................................................ 1
1.1 BACKGROUND..................................................................................... 1
1.2 PROBLEM FORMULATION................................................................ 2
1.3 GOAL WRITING.................................................................................... 2
CHAPTER II
DISCUSSION................................................................................. 3
2.1 CHAPTER II DISCUSSION.................................................................. 3
A. DEFINITION OF INSURANCE..................................................... 3
B. BASIC PRINCIPLES OF INSURANCE......................................... 4
C. INSURANCE IN THE CONSTITUTION OF 1992 NO.2.............. 5
2.2 PROBLEM ANALYSIS......................................................................... 6
1. THE
IMPORTANCE OF INSURANCE FOR EMPLOYEES
IN A
COMPANY.............................................................................. 6
2. HOW TO
AVOID THE EMERGENCE CASE IN INSURANCE.. 7
BAB III
CLOSING................................................................................................ 9
3.1
CONCLUSION....................................................................................... 9
3.2 ADVICE ................................................................................................. 9
BIBLIOGRAPHY
CHAPTER I
INTRODUCTION
I.1 Background
Today, the
development of insurance continues to increase from year to year. The proof,
now has many established insurance companies are ready to provide insurance
services to the public. Variety of services offered by insurance companies vary
widely even then, such as life insurance, accident insurance, fire insurance,
education insurance, and many other types of insurance.
With so many
insurance companies that founded it, is expected to help the community in risk
transfer in whole or in part to others due to an occurrence of unanticipated events.
But the reality today, with the proliferation of insurance companies, the more
insurance cases are popping up with various types of cases, among others:
a. Cases where the insured does not get
compensation from filing claims.
b. There is also a case where
the insured did bad faith in making claims, for example, deliberately set fires
on his property in order to obtain compensation.
c. There is also a case where
the insured parties outside doing bad faith, for example with the murder of the
insured in order to obtain a life insurance claim.
With so many
cases, it should be a warning for people to be careful in choosing an insurance
company. Insurance companies were selected to be responsible and skilled in the
art, in addition to selecting the type of insurance that was in accordance with
the requirements. Another important thing that should the insurance policy
before signing any points in the insurance policy was understood by both sides,
so that the possibility of insurance disputes later on almost nothing else.
I.2 Problem Formulation
1. How does
the importance of insurance for employees in the company.
2. What
should be done to avoid the onset of the insurance case.
I.3 Goal Writing
1. To know the importance of insurance for employees in the company.
2. To know something must be done to avoid the onset of the insurance case.
CHAPTER II
DISCUSSION
2.1 Review of Literature
A.
Definition of insurance
The word "insurance" is
derived from the Dutch language, Assurantie, which in Dutch law called
Verzekering which means coverage. From terminology Assurantie then arises
assuradeur term for the insurer and the insured geassureerde.
There
are several definitions
of insurance terms, as follows:
1.
By
Robert
I.
Mehr
insurance
is
a
A device for
reducing risk by combining a sufficient number of exposure units to make their individual losses
collectively predictable. The predictable loss is then shared by or distributed
proportionately among all units in the combination.
2.
Mark R. Greene defines insurance as An economic institution that reduces
risk by combining under one management and group of objects so situated
that the aggregate accidental losses to which the group is subject become
predictable within narrow limits.
3.
Arthur
C.
Williams
Jr..
and
Richard
M.
Heins,
look at
insurance
from
two points of view,
the first
is the Insurance
is the protection against financial loss by an insurer,
while the second is Insurance is a device by means of which the risks of
two or more persons or firms are combined through actual or promised
contributions to a fund out ofwhich claimants are paid.
Definitions
insurance
can actually be
be given
from the
various
angles
of view,
namely
from
angle
economic point of view,
law,
businesses,
social,
or
based on
understanding
mathematics.
That
could
mean
five
definitions
for
asuransi.Tidak
one
that
could
meet the
definition of
each of
these perspectives.
Insurance is a
unique business,
in which there are
five aspects,
namely
the economic,
legal,
social, business,
and
mathematical
aspects.
B. Basic Principles of Insurance
In insurance there are 6 kinds of
basic principles that must be met, namely:
1. Insurable interest
The right to insure arising
out of a financial
relationship, between the insured and the insured is legally recognized.
2. Utmost
good faith
An action to disclose accurately and completely, all facts
material about something that would be insured, whether requested or not. The
meaning is the insurer must honestly explain everything clearly about the
extent of the terms / conditions of the insurance and the insured must also
provide a clear and correct for objects or interests of the insured.
3. Proximate
cause
Active and efficient cause
of the cause of events which brings about a
result without the intervention and actively from a new
source and independent.
4. Indemnity
A
mechanism which
the insurer provides financial compensation to put the insured in a financial
position that he had prior to the loss.
5. Subrogation
Demanded the transfer of rights of the
insured to the insurer after a claim has been paid.
6. Contribution
The right person to invite the other person equally bear,
but do not have the same obligations to the insured to participate in providing
indemnity.
C. Insurance
in constitution No. 2 of 1992
Insurance in
constitution of 1992 concerning the business of
insurance is an agreement between two or more
parties, by which the parties committed themselves to
the insured, by accepting
the insurance premiums, to provide reimbursement to
the insured for loss, damage or loss of expected
benefits or legalresponsibilities of third parties that
may be suffered by the
insured, arising from an uncertain
events, or provide a payment based on the death or
life of an insured person.
Agency risk that
channel called "insured", and the agency
that accept the risk called the
"insurer". Agreement between the two bodies is
called a policy. This is a legal contract that
explains all the terms and conditions protected. Fees
paid by
the "insured" to "insurer" for the
risks covered by so-called "premium". This is usually
determined by the "insurer" for
the funds can be claimed in the future, administrative costs, and profit.
For example, a couple bought
a house worth a hundred million. Knowing that lost
their homes will bring them to financial ruin, they take
insurance protection in the form of home
ownership policies. The policy will pay for the
replacement or repair their homes in case of disaster. Insurance
companies on their premiums amounted to one
million per year. Risk of losing their homes have been
distributed to the homeowners insurance company.
2.2 Analysis of Issues
1. The
Importance of Insurance for Employees in Companies
In a
company, both large
companies and emerging companies, of course the role of the employee can
not be released. Without the
participation of employees, could
have activities within a company can not run
properly targeted so that the work is far
from expectation.
The
existence of one or more employees within a
company need in appreciation, no matter how small their contribution to the
company where they work. One form of appreciation for employees is to not
only provide material guarantees or warranties as
to retire at the end of the period of employment but also health insurance. Just imagine, if employees are sick, then it will slow
down job or one of his
family members are sick, could have an effect on employee
performance that could lead to a
negative impact for the company. To avoid all that, it's good to provide health
insurance through insurance products quality.Moreover, it's been quite
a lot of companies that provide insurance products for employees within a
company.
2. How to Avoid Incidence In Insurance Case
In
order to avoid
the emergence of
cases
in the insurance,
people are required to
be more careful
before
signing
an insurance policy.
It is recommended
to
read
carefully
the contents
of
the
insurance policy,
in
case
any
claim
can be submitted.
Prospective
insured is entitled
to
ask
explicitly
what conditions
that allow
them
to
make a claim.
The insurer,
in this case called
the insurer
is also
required to
explain in
detail,
so that
does not
happen
in the future
misunderstanding
arising
from
the content
of
the policy
uncertainty.
There are times when
the contents
of
the policy
means
that
ambiguous
(not
clear, it contains
more
than one sense),
in the event of
a claim,
the company shall indemnify
asuransilah,
because
it is they who
make the
content of the contract
(policy)
insurance.
Insurers,
prompting government,
including
the
agent
not
only
seeks
to
maximize the
amount of
the premiums they
collect from
the public,
but
can
maintain
the trust
community. However
insurance
companies
like
banks,
to raise funds
from the public.
So
the trust
of
the community
should be
maintained well.
Agent
really
should be familiar
with
the contents
of the insurance policy,
because it is not
uncommon
in
the community,
the agents
try to
attract
as many
prospective
insured
by
the lure of
the
lure,
but
in the event of
a
claim
,
they
wash their hands
and
denied
the insured's
claim.
Statement
"is
an obligation
to
read the
insurance contract
the insured"
was
omitted.
Now
these
people
have no problem in
filing
the claim
can contact
BMAI
(Indonesian media agency insurance).
BMAI
is an
independent
and impartial
agency
that
provides services
for the
resolution of disputes
claims
(claims
for compensation or
benefits)
of insurance
between
the insurance
company
to
the policyholder (the
insured). BMAI
has
assigned
an independent
mediator
to resolve disputes
through a
mediation process
insurance
claims.
Insurance claims
dispute resolution
assistance
is
provided free
of charge.
CHAPTER III
CLOSING
3.1 Conclusion
1.
Role
for employees can not be separated from the company if the employee gets ill it
will affect the performance of employees can cause a negative impact to the
company. To avoid all of that, then the insurance is very important for
employees.
2.
In
choosing an insurance company is required before the first caution should all
sign a policy in the policy intent was clearly known and claims to know what
can be submitted and clearly ask what conditions allow a claim can be filed.
All the things has been done to avoid the occurrence of the insurance case.
However, in case of the reported to BMAI for completion of the case.
3.2 Advice
1.
A
company should take out insurance to protect their business from unexpected
losses.
2.
Before
agreeing to an insurance policy should understand all the terms stated in the
policy to avoid misunderstandings later.
3.
Insurance
companies should choose a responsible and expert in his field, This must be
done to avoid greater losses, because insurance companies do not let it have
been unable to pay claims that have been proposed.
4.
It
should be made also additional rules in the insurance policy so that everything
becomes clearer. Examples of policies include provisions on time limits Insured
must visit a doctor after an accident, if insurance is an accident insurance.
5.
The
parties involved should retain the principle of responsibility to the authority
and responsibilities of each, and not to think about insurance so that private
interests can run.
BIBLIOGRAPHY
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dikembngkan dalam penyelesaian Sengketa. [Internet] 16 April 2011,
Available from: http://andigunawan03.wordpress.com/page/2/,diakses,
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Undang-undang No.2 Th1992 [Internet]
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accessible, 21 December 2011.
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Asuransi. [Internet] , Available from:http://jurnal-sdm.blogspot.com/2009/08/asuransi-insurance-assurance-definisi.html,
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accessible, 22 December 2011.
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http://www.wealthindonesia.com/index.php?option=com_content&task=view&id=127,
accessible, 23 December 2011.
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asuransi bagi karyawan dalam suatu perusahaan. [Internet] 8 December 2011,
Available from:
http://id-id.facebook.com/note.php?note_id=190716897685141,
accessible, 23 December 2011.
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Tidak Dibayar. [Internet] 28 July 2009, Available from: http://asuransikesehatan1.wordpress.com/category/kasus-asuransi/,
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Dasar Asuransi [Internet] 7 December
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