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| Law And Basic Principles Of Health Insurance In Indonesia |
The use of insurance is certainly not foreign to most people, given the number of insurance users are increasingly higher in Indonesia. The high users of this insurance is dominated by sharing various insurance products such as life insurance, health insurance, and property protection insurance (cars, houses, etc.).
Public awareness of the importance of insurance has been higher. But it does not necessarily make all the insurance users understand what the benefits and benefits of insurance are used by them, this can happen due to lack of understanding of the terms and policies set out in the insurance itself.
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In some cases, we often find customers who are disappointed and feel disadvantaged by the use of insurance that is not maximized and not in accordance with their expectations, where basically something like this could happen due to lack of our understanding of all the articles and regulations that are actually "mandatory" We understand before deciding to use insurance.
Insurance law is a set of written or unwritten rules, which are intended to bind both parties who entered into insurance agreements (insurers and insured).
Based on the provisions of Article 246 of the Code of Trade Law or abbreviated KUHD (for its original abbreviation in Indonesian) it is clearly stated that insurance or coverage is an agreement which binds the insurer to the insured by receiving a premium intended to guarantee the replacement against the insured due to the losses arising, the occurrence of damage or loss of expected profits, it may occur due to an event (event that is not certain).
1. Insurance in the Law of the Republic of Indonesia, 2 of 1992
Insurance in the Law of the Republic of Indonesia No. 2 of 1992 concerning insurance undertakings is an agreement between two or more parties, whereby the insurer binds itself to the insured, accepting the insurance premium, to provide reimbursement to the insured due to loss, damage or loss of profit expected or third party legal liability that may be subject to the insured, arising from an uncertain event, or providing a payment based on the death or life of an insured person.
The agency that channels risk is called the "insured", and the body that accepts the risk is called the "insurer". The agreement between the two bodies is called policy: it is a legal contract that explains each protected terms and conditions. Costs paid by "neighbor" to the "insurer" for the borne risk are called "premiums". This is usually determined by "insurers" for future claimable funds, administrative costs, and profits.
For example, a couple bought a house for Rp. 100 million. Knowing that losing their homes will lead them to financial ruin, they take insurance protection in the form of home ownership policies. The policy will pay for the replacement or repair of their houses in the event of a disaster. Insurance companies about their premium of Rp1 million per year. The risk of losing a home has been disbursed from the homeowner to the insurance company.
2. The Basic Principle of Insurance
- In the insurance world there are 6 basic principles that must be met, namely: Insurable interest The right to insure, arising from a financial relationship, between the insured and the insured and is legally recognized.
- Utmost good faith An action to express accurately and completely, all material facts about something to be insured whether requested or not. The meaning is: the insurer must honestly explain clearly everything about the extent of the condition / condition of the insurance and the insured must also provide a clear and true description of the object or interest that is insured.
- Proximate cause An acttypeive, efficient cause that leads to a chain of events that leads to a result without the intervention of an initiating and active from a new and independent source.
- Indemnity A mechanism by which the insurer provides financial compensation in an attempt to place the insured in his / her financial position shortly before the occurrence of loss (KUHD article 252, 253 and affirmed in article 278).
- Subrogation The transfer of claim rights from the insured to the insurer after the claim is paid.
- Contribution The right of the insurer to invite other insurers who both bear, but not necessarily equal obligations to the insured to participate in giving indemnity.
Basically all laws and regulations issued, solely to protect the interests of both parties who entered into the agreement (the insurer and the insured), so that both rights and obligations can be protected and have provisions in the eyes of the law. Therefore, you should understand exactly what rights and obligations as a holder of insurance.
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