The Characteristics of Non-Litigation Resolution for Life Insurance Lawsuit in Indonesia

  • Mokhamad Khoirul HUDA Hang Tuah University, Faculty of Law, Surabaya, Indonesia
  • Agus Yudha HERNOKO Airlangga University, Faculty of Law, Surabaya, Indonesia
  • Ridwan KHAIRANDY Islamic University of Indonesia, Faculty of Law, Yogyakarta, Indonesia

Abstract

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.

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Published
2018-09-03
How to Cite
HUDA, Mokhamad Khoirul; HERNOKO, Agus Yudha; KHAIRANDY, Ridwan. The Characteristics of Non-Litigation Resolution for Life Insurance Lawsuit in Indonesia. Journal of Advanced Research in Law and Economics, [S.l.], v. 8, n. 8, p. 2419-2424, sep. 2018. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/2204>. Date accessed: 16 aug. 2022. doi: https://doi.org/10.14505//jarle.v8.8(30).12.