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Implementation Of Legal Principles Of Agreement Between Policyholders And Insurance Companies Markus Gunawan
Jurnal Hukum dan Sosial Politik Vol. 1 No. 1 (2023): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Universitas Katolik Widya Karya Malang

The implementation of the legal regulation of the principle of the agreement between the policyholder and the insurance company is law no. 40 of 2014 concerning insurance and the Civil Code, article 1320 on the terms of a legal agreement, commercial law books, article 246, the meaning of insurance, and the provisions of the article in an insurance policy. Limiting factors in submitting claims, namely, failing to fulfill administrative requirements and ignorance of customers with the benefits purchased. The principle of implementing the law of the agreement between the policyholder and the insurance company at PT. Batam branch Sequis Life Life Insurance. With the construction problem: -how is the law determining the implementation of agreements between policyholders and insurance companies with one of the factors hindering filing claims in the PT Asuransi Jiwa Sequis Life Batam branch? Qualification/writing in this type of journal uses normative legal writing and legal research supported by sociological/empirical nonprofits. To analyze the problems in this journal, Jeremy Bentham's theory (theory) of utilitarianism is used, the middle theory (middle theory) by Roscoe Pound law as a social engineering tool, theory and application (Applied theory) by Philip Nonet and Philip Selznick, namely essential law society.

Legal Consequences of Unregistered Fiduciary Guarantee Deed Markus Gunawan
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 2 No. 1 (2023): April : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v2i1.551

Discussion regarding legal arrangements for fiduciary guarantee deeds that are not registered for research studies at FIFGROUP Batam Branch is regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees, which is regulated regarding fiduciary guarantees contained in Article 1 paragraph (1) and (2) and what are the procedures for implementing the fiduciary guarantee in Article 11. The obstacle to the fiduciary guarantee deed not being registered is the need to complete documents such as identity cards, family cards (KK), and the applicant's address. From the results of this study, it was concluded that the legal arrangements are contained in Law Number 42 of 1999 concerning Fiduciary Guarantees. As well as the factor that becomes the obstacle is the incompleteness of the documents. So that the government conducts socialization related to the fiduciary registration process considering that the legal regulations already exist, finance companies must pay attention to drawing up a fiduciary guarantee deed and register it through a notary.

Implementation of Legal Principles of Agreement Between Policyholders and Insurance Companies Markus Gunawan
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 1 No. 3 (2022): December : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v1i3.554

The implementation of the legal regulation of the principle of the agreement between the policyholder and the insurance company is law no. 40 of 2014 concerning insurance and the Civil Code, article 1320 on the terms of a legal agreement, commercial law books, article 246, the meaning of insurance, and the provisions of the article in an insurance policy. Limiting factors in submitting claims, namely, failing to fulfill administrative requirements and ignorance of customers with the benefits purchased. The principle of implementing the law of the agreement between the policyholder and the insurance company at PT. Batam branch Sequis Life Life Insurance. With the construction problem: -how is the law determining the implementation of agreements between policyholders and insurance companies with one of the factors hindering filing claims in the PT Asuransi Jiwa Sequis Life Batam branch? Qualification/writing in this type of journal uses normative legal writing and legal research supported by sociological/empirical nonprofits. To analyze the problems in this journal, Jeremy Bentham's theory (theory) of utilitarianism is used, the middle theory (middle theory) by Roscoe Pound law as a social engineering tool, theory and application (Applied theory) by Philip Nonet and Philip Selznick, namely essential law society.

Juridical Analysis Of Land Allocation In Forest Areas Over BP Batam's Management Rights On Rempang Island Sitti Isramira Pratiwi; Markus Gunawan; M. Soerya Respationo; Erniyanti Erniyanti
International Journal of Humanities and Social Sciences Reviews Vol. 1 No. 3 (2024): August: International Journal of Humanities and Social Sciences Reviews
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijhs.v1i3.43

The incident of residents on Rempang Island rejecting the development of the Rempang Eco-city Project certainly raises many questions for the general public in viewing this problem. With the publication of Coordinating Ministerial Decree Number 7 of 2023 concerning the Third Amendment to Coordinating Ministerial Decree Number 7 of 2021 concerning Amendments to the List of National Strategic Projects, the public is in the spotlight to find out what processes and laws and regulations regulate each process and stage. To study this in more depth, it is necessary to carry out a Juridical Analysis of the Allocation of land in Forest Areas above BP Batam's Management Rights on Rempang Island to be able to find out the legal arrangements, implementation, obstacles and solutions for allocating land in forest areas above BP Batam's Management Rights on the Island. Eccentric. The research method used is a normative and juridical approach, which focuses on doctrinal legal research and refers to legal norms contained in applicable laws and regulations as a normative basis, so this research emphasizes secondary data sources, both in the form of theories- legal theory and through interviews with sources or parties related to the problems to be researched above. All data obtained is then processed, analyzed and interpreted logically, systematically using deductive methods. The results of research on the allocation of land in forest areas above BP Batam's Management Rights on Rempang Island based on applicable laws and regulations are not justified and BP Batam will not be able to use and utilize all or part of its land either for its own use or in collaboration with other parties because BP Batam's authority as the holder of Management Rights will only arise after the issuance of a Management Rights Certificate from the Batam City National Land Agency Office, it is not permitted to carry out new development and development in forest areas before changes to the designation and function of forest areas are made, and if it is on land that will be granted Rights Management still has land/buildings/plants belonging to the people, so compensation for losses and relocation of residents to new residential areas must be carried out first on the basis of deliberation. The author hopes that from the research that has been carried out, the government can create legal products that create a sense of justice for society and can turn the results of this research into useful knowledge for parties facing similar legal problems.

Juridical Analysis Of The Use Of The Company's Shares As An Object Of Fiduciary Guarantee Natasya Ferena; Erniyanti Erniyanti; Markus Gunawan; Soerya Respationo
International Journal of Humanities and Social Sciences Reviews Vol. 1 No. 3 (2024): August: International Journal of Humanities and Social Sciences Reviews
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijhs.v1i3.50

This study aims to analyze juridically the use of the company's shares as an object of fiduciary guarantee in Batam City. The background of this research is rooted in the need for a deep understanding of the effectiveness and security of the company's shares used as fiduciary guarantees, as well as their influence on legal certainty and local economic stability. In Indonesia, the use of shares as fiduciary guarantees is regulated by Law Number 42 of 1999 concerning Fiduciary Guarantees and Law Number 40 of 2007 concerning Limited Liability Companies, but the implementation of this law in the field often encounters various obstacles, especially in Batam City which is a strategic business center. This study uses a qualitative method with a document study approach, in- depth interviews, and field observations to collect data. The subject of this study involves notaries, fiduciary guarantee registration officials, investors, and business actors in Batam. The results of the study show that there are several significant obstacles in the implementation of the use of shares as an object of fiduciary guarantee, which include procedural complexity, variations in notary practices, and limited administrative infrastructure. Despite this, stocks are still a trusted and used instrument because of their liquidity and economic value. Based on these findings, suggestions include expanding education and training for notaries to improve understanding and thoroughness in the fiduciary guarantee administration process. The Batam City Government is advised to update and simplify related regulations to support efficiency and legal certainty. In addition, investments in information technology are needed to modernize the registration and document handling processes, which can increase the transparency and speed of the fiduciary assurance process.

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