KEPASTIAN HUKUM TERHADAP INSURABLE INTEREST ASURANSI PITRA YADNYA OLEH PT ASURANSI X DI BALI
Made Cadusa Suarsa, Prof. Dr. Drs. Paripurna, S.H., M.Hum., LL.M.
2025 | Tesis | S2 Ilmu Hukum
This study aims to analyze: (i) the legal certainty concerning the legal construction of insurable interest in the Pitra Yadnya insurance policy by PT Asuransi X in Bali; (ii) the legal certainty regarding the rights and obligations of the policyholder and/or the insured in the Pitra Yadnya insurance policy by PT Asuransi X in Bali; and (iii) the regulatory framework that accommodates legal certainty of insurable interest in the Pitra Yadnya insurance policy by PT Asuransi X in Bali.
The research method used is normative-empirical, as it examines the law in the form of legal norms (insurable interest as regulated in Articles 250 and 268 of the Indonesian Commercial Code) and the law in the practice (the implementation of Pitra Yadnya insurance in Bali). The approaches used in this study are the statutory approach and the conceptual approach.
The results of the study show that: (i) the legal construction of insurable interest in the Pitra Yadnya insurance policy is defined as “an interest in the risk of death that threatens a person’s life”, which implies that there is no clear limitation regarding the use of insurance benefits; (ii) the policyholder and/or beneficiary of Pitra Yadnya insurance is not entitled to claim insurance benefits if the insured dies due to capital punishment, involvement in fights, criminal acts, or suicide; and (iii) the regulation that can accommodate legal certainty in insurable interest for Pitra Yadnya insurance involves both general and specific regulations, allowing for the creation of an insurance product that explicitly reflects the identity and purpose of the Pitra Yadnya ceremony both in the product name and in the policy clauses.
Kata Kunci : Kepastian Hukum, Insurable Interest, Asuransi Pitra Yadnya