Analisis Perlindungan Hukum Dan Penyelesaian Klaim Pemegang Polis Dalam Kasus Insolvensi Perusahaan Asuransi Studi Kasus PT. Asuransi Jiwasraya
Marcelinus Figo Sandya Anugraha, Prof. Dr. Nindyo Pramono, S.H., M.S.
2026 | Tesis | S2 Magister Hukum
This research has two primary objectives: to analyze legal protection and claim settlement systems for policyholders in the context of insurance company insolvency in Indonesia, with a specific focus on PT Asuransi Jiwasraya. The claim settlement mechanism following default demonstrates fundamental weaknesses in both regulation and consumer protection implementation. The research employed a normative-empirical methodology combining library studies, legal document analysis, and interviews with policyholders and relevant stakeholders as primary data sources. Qualitative analysis was conducted on the implementation of prevailing legal frameworks and identification of obstacles affecting policyholder rights.
The research employed descriptive normative-empirical methodology. Normative research was conducted through library studies to obtain secondary data from various primary legal materials, secondary legal materials, and tertiary legal materials through document analysis. Empirical legal research was conducted through field studies to obtain primary data via interviews with research subjects using interview guidelines. Research findings were analyzed qualitatively.
Findings reveal that the post-insolvency claim settlement process for Jiwasraya was extremely prolonged, with payout values received by policyholders falling far below the original policy promises, and many basic consumer rights remaining unfulfilled. The absence of protection mechanisms such as a Policyholder Guarantee Program and minimal judicial oversight in administrative liquidation significantly worsened the consumers' position. The research recommends regulatory reform, strengthened supervision, and accelerated implementation of systemic safety nets for insurance policyholders in the future.
Kata Kunci : perlindungan hukum, penyelesaian klaim, polis, insolvensi, konsumen asuransi.