LEGAL CONSEQUENCES OF FALSIFYING DATA IN LIFE INSURANCE APPLICATION LETTER BY POLICY HOLDERS WHEN FILING AN INSURANCE CLAIM (Case Study Decision Nomor 269/Pdt.G/2023/PN Jkt. Sel)

Nurul Itsna Fawzi'ah

doi:10.47701/ijlle.v5i2.4155

Authors

Nurul Itsna Fawzi'ah Duta Bangsa University Surakarta

DOI:

https://doi.org/10.47701/ijlle.v5i2.4155

Keywords:

insurance claims, SPAJ, polic

Abstract

Insurance is considered important when connected with the development of today's society. Where insurance can be the first step towards a guarantee system. Therefore, the main function of insurance is to replace losses arising from unexpected events and restore conditions to their original state before the risk occurs. Insurance is regulated in the Insurance Law Number 40 of 2014 and regulations issued by the Financial Services Authority. However, there are still various problems related to the insurance sector. The insurance application process is not just signing a contract, but also includes the application of the principle of good faith, including in submitting health data on the life insurance application form (SPAJ). Both the insurer and prospective insurance customers have an obligation to exercise their rights and responsibilities, including the obligation for prospective customers to provide accurate and precise health information, so that the premiums and insurance benefits received are in accordance with the actual conditions. This article discusses the requirements for SPAJ, the importance of good faith in insurance contracts, and the legal impacts that arise if the policyholder falsifies data in the SPAJ. The research used in writing this article is a normative legal approach, which means that this article is compiled based on applicable theories, concepts, legal principles, and regulations. The purpose of this study is to improve the understanding of readers and writers regarding the legal consequences of data falsification caused by inaccurate information provided by policyholders

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