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VIOLATION OF THE PRINCIPLE OF GOOD FAITH BOTH IN INSURANCE AGREEMENTS AND THEIR IMPLICATIONS FOR CONSUMER PROTECTION (STUDY OF SUPREME COURT DECISION NUMBER (528K/PDT. SUS-BPSK/2014). _216 Dagang 2024

Azzahra, Amelia Siti and Trihastuti, Nanik and Hananto, Pulung Widhi Hari (2024) VIOLATION OF THE PRINCIPLE OF GOOD FAITH BOTH IN INSURANCE AGREEMENTS AND THEIR IMPLICATIONS FOR CONSUMER PROTECTION (STUDY OF SUPREME COURT DECISION NUMBER (528K/PDT. SUS-BPSK/2014). _216 Dagang 2024. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

In relation to consumer protection, it is necessary to know that every action or deed in doing something will always have consequences for both consumers and business actors. Good faith is very important in the integrity of an agreement. The purpose of this research is to obtain a comprehensive understanding of how the principle of good faith is applied in life insurance agreements. The specific
focus of this research is to find out and analyze the actions of PT Bank Mandiri customers who violate the principle of good faith against PT Central Asia Insurance and are entitled to legal protection.
This research uses a normative legal approach. The main focus is law which is conceptualized as norms or rules that apply in society. This research uses qualitative data analysis methods.
In the case of Decision Number 528 K/Pdt.Sus- BPSK/2014, the factor that caused the violation of good faith was Wagimin Sinaga as the insured party (consumer). The case contained actions in the form of failure of life insurance claims due to incorrect information provided by consumers. The information discrepancy then causes the policy to be canceled or lapse. This is regulated in Article 251 of the Commercial Code.
The research can be resolved with the need for understanding from
consumers or policyholders as the insured party and insurance companies as the insurer both have a deep understanding of Article 1338 paragraph (3) of the Civil Code (KUHPerdata). This is due to the potential that the misinformation provided by the insured party is caused by the provision of incomplete and unclear explanations from the insurer.
Keywords: Violation of Good Faith, Insurance Agreement, Decision Number 528K/Pdt.Sus- BPSK/2014

Item Type: Thesis (Undergraduate)
Uncontrolled Keywords: Violation of Good Faith, Insurance Agreement, Decision Number 528K/Pdt.Sus- BPSK/2014
Subjects: Law
Divisions: Faculty of Law > Department of Law
Depositing User: Users 201 not found.
Date Deposited: 01 Aug 2024 09:22
Last Modified: 01 Aug 2024 09:22
URI: https://eprints2.undip.ac.id/id/eprint/25314

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