ABSTRACT:Death is a risk that cannot be avoided by everyone. Death also causes several impacts, these
impacts occur on the families left behind. This will be more severe if the risk of death is experienced by the
head of the household who has been the backbone of the family. Therefore, losses that can later be suffered by
family members will be transferred by taking life insurance. The problem faced is that the principle of utmost
good faith is not implemented by the party who transfers the risk to his life, hereinafter referred to as the
insured. The allegation arises because the form that should contain material facts from the insured is not filled
in, even though there is a possibility that the insured did not fill out the form related to the material facts about
himself due to his ignorance. In addition, there is the principle of reciprocal duty which should be able to
provide legal protection to the insured on the principle of utmost good faith used by life insurance companies
not to carry out their obligations. Based on the foregoing, it can be formulated the problem formulation of the
characteristics of the principle of reciprocal duty in life insurance and the application of the principle of
reciprocal duty in legal protection for the insured life insurance. The method in this study is a normative
research with a statutory approach and primary legal materials consisting of legislation and secondary legal
materials in the form of books, journals, online media, as well as the results of surveys, interviews, and
observations which will later be categorized for carried out a thorough analysis.
KEYWORDS:Life Insurance, Reciprocal Duty Principle, Insured, Insured
This document provides an overview of a case study on SIC Life Insurance Company's Techiman Branch. It discusses key concepts around risk and insurance, outlines the types of insurance available in Ghana, and defines life insurance. The document then presents the objectives, methodology, limitations, and structure of the case study, which aims to assess the efficacy of SIC Life's life insurance policies and identify how the company pays out premiums to beneficiaries. Primary data will be collected through questionnaires to staff, beneficiaries, and the public, and secondary data will come from sources like textbooks and websites. The case study will have 5 chapters covering the background, literature review, methodology, data analysis and findings, and conclusions.
This document provides an overview of a case study on SIC Life Insurance Company's Techiman Branch. It discusses key concepts like risk and insurance, and outlines the types of insurance available in Ghana, with a focus on life insurance. The document poses research questions on the measures insurance companies use to influence life insurance demand, the affordability of premiums, and the sufficiency of insurance claims. It describes the objectives, limitations, and organization of the study into 5 chapters, covering topics like literature review, methodology, data analysis and findings.
Reciprocal Duty Principle Implementation In Life InsuranceAJHSSR Journal
ABSTRACT: Death is a risk that cannot be avoided by everyone. Death also causes several impacts, these
impacts occur on the families left behind. This will be more severe if the risk of death is experienced by the
head of the household who has been the backbone of the family. Therefore, losses that can later be suffered by
family members will be transferred by taking life insurance. The problem faced is that the principle of utmost
good faith is not implemented by the party who transfers the risk to his life, hereinafter referred to as the
insured. The allegation arises because the form that should contain material facts from the insured is not filled
in, even though there is a possibility that the insured did not fill out the form related to the material facts about
himself due to his ignorance. In addition, there is the principle of reciprocal duty which should be able to
provide legal protection to the insured on the principle of utmost good faith used by life insurance companies
not to carry out their obligations. Based on the foregoing, it can be formulated the problem formulation of the
characteristics of the principle of reciprocal duty in life insurance and the application of the principle of
reciprocal duty in legal protection for the insured life insurance. The method in this study is a normative
research with a statutory approach and primary legal materials consisting of legislation and secondary legal
materials in the form of books, journals, online media, as well as the results of surveys, interviews, and
observations which will later be categorized for carried out a thorough analysis.
KEYWORDS:Life Insurance, Reciprocal Duty Principle, Insured, Insured.
This is the brief document about Birla Sun Life Group..which include almost all its insurance plans, and policies. This documents also help those students and people how are seeking to get to know about BSLI. I provide all the detailed history about birla group in this documents..:)
This document is a PowerPoint presentation submitted in partial fulfillment of an MBA degree. It analyzes various products of HDFC Life Insurance Company. The objectives are to understand customer investment preferences, HDFC products, and awareness levels. Primary data was collected through questionnaires while secondary data came from company reports. Most customers insure for savings and family security. Safety is the main investment priority. The presentation provides findings on customer preferences and suggestions for HDFC such as enhancing agent knowledge and introducing rural products.
COLI/BOLI, IOLI/STOLI – The good, the bad, and the uglyTony Roehl
This document discusses corporate-owned life insurance (COLI) and bank-owned life insurance (BOLI), as well as stranger-originated life insurance (STOLI). COLI/BOLI policies are owned by corporations/banks to insure key employees. Recent legal issues challenged the tax benefits and whether an insurable interest existed. STOLI involves purchasing life insurance with no intent to retain it, violating insurable interest laws. STOLI harms insurers through misrepresentations and adverse lapse rates. Legislation aims to prevent STOLI through prohibiting arrangements where a third party will receive the policy.
1. The document discusses ethics in the insurance sector and provides an overview of the Indian insurance industry. It defines key concepts like ethics, different types of insurance (life and general), and the financial system of insurance planning.
2. It explains the history and regulations of insurance in India, including the nationalization of life and general insurance. It also outlines the roles and responsibilities of various entities in the insurance sector like agents, brokers, and companies.
3. The conclusion emphasizes the growing opportunities and importance of the insurance industry in India's economic development by helping customers meet their long-term financial needs.
The document provides information on insurance regulation in India. It defines insurance and describes the roles of the insurer and insured. It outlines the evolution of insurance regulation in India from 1818 to the present day. It describes the mission and organizational structure of the Insurance Regulatory and Development Authority (IRDA) and its duties and responsibilities in regulating the insurance industry. It also discusses insurance products, intermediaries, the ombudsman system for resolving complaints, and IRDA's new health insurance regulations.
This document provides an overview of a case study on SIC Life Insurance Company's Techiman Branch. It discusses key concepts around risk and insurance, outlines the types of insurance available in Ghana, and defines life insurance. The document then presents the objectives, methodology, limitations, and structure of the case study, which aims to assess the efficacy of SIC Life's life insurance policies and identify how the company pays out premiums to beneficiaries. Primary data will be collected through questionnaires to staff, beneficiaries, and the public, and secondary data will come from sources like textbooks and websites. The case study will have 5 chapters covering the background, literature review, methodology, data analysis and findings, and conclusions.
This document provides an overview of a case study on SIC Life Insurance Company's Techiman Branch. It discusses key concepts like risk and insurance, and outlines the types of insurance available in Ghana, with a focus on life insurance. The document poses research questions on the measures insurance companies use to influence life insurance demand, the affordability of premiums, and the sufficiency of insurance claims. It describes the objectives, limitations, and organization of the study into 5 chapters, covering topics like literature review, methodology, data analysis and findings.
Reciprocal Duty Principle Implementation In Life InsuranceAJHSSR Journal
ABSTRACT: Death is a risk that cannot be avoided by everyone. Death also causes several impacts, these
impacts occur on the families left behind. This will be more severe if the risk of death is experienced by the
head of the household who has been the backbone of the family. Therefore, losses that can later be suffered by
family members will be transferred by taking life insurance. The problem faced is that the principle of utmost
good faith is not implemented by the party who transfers the risk to his life, hereinafter referred to as the
insured. The allegation arises because the form that should contain material facts from the insured is not filled
in, even though there is a possibility that the insured did not fill out the form related to the material facts about
himself due to his ignorance. In addition, there is the principle of reciprocal duty which should be able to
provide legal protection to the insured on the principle of utmost good faith used by life insurance companies
not to carry out their obligations. Based on the foregoing, it can be formulated the problem formulation of the
characteristics of the principle of reciprocal duty in life insurance and the application of the principle of
reciprocal duty in legal protection for the insured life insurance. The method in this study is a normative
research with a statutory approach and primary legal materials consisting of legislation and secondary legal
materials in the form of books, journals, online media, as well as the results of surveys, interviews, and
observations which will later be categorized for carried out a thorough analysis.
KEYWORDS:Life Insurance, Reciprocal Duty Principle, Insured, Insured.
This is the brief document about Birla Sun Life Group..which include almost all its insurance plans, and policies. This documents also help those students and people how are seeking to get to know about BSLI. I provide all the detailed history about birla group in this documents..:)
This document is a PowerPoint presentation submitted in partial fulfillment of an MBA degree. It analyzes various products of HDFC Life Insurance Company. The objectives are to understand customer investment preferences, HDFC products, and awareness levels. Primary data was collected through questionnaires while secondary data came from company reports. Most customers insure for savings and family security. Safety is the main investment priority. The presentation provides findings on customer preferences and suggestions for HDFC such as enhancing agent knowledge and introducing rural products.
COLI/BOLI, IOLI/STOLI – The good, the bad, and the uglyTony Roehl
This document discusses corporate-owned life insurance (COLI) and bank-owned life insurance (BOLI), as well as stranger-originated life insurance (STOLI). COLI/BOLI policies are owned by corporations/banks to insure key employees. Recent legal issues challenged the tax benefits and whether an insurable interest existed. STOLI involves purchasing life insurance with no intent to retain it, violating insurable interest laws. STOLI harms insurers through misrepresentations and adverse lapse rates. Legislation aims to prevent STOLI through prohibiting arrangements where a third party will receive the policy.
1. The document discusses ethics in the insurance sector and provides an overview of the Indian insurance industry. It defines key concepts like ethics, different types of insurance (life and general), and the financial system of insurance planning.
2. It explains the history and regulations of insurance in India, including the nationalization of life and general insurance. It also outlines the roles and responsibilities of various entities in the insurance sector like agents, brokers, and companies.
3. The conclusion emphasizes the growing opportunities and importance of the insurance industry in India's economic development by helping customers meet their long-term financial needs.
The document provides information on insurance regulation in India. It defines insurance and describes the roles of the insurer and insured. It outlines the evolution of insurance regulation in India from 1818 to the present day. It describes the mission and organizational structure of the Insurance Regulatory and Development Authority (IRDA) and its duties and responsibilities in regulating the insurance industry. It also discusses insurance products, intermediaries, the ombudsman system for resolving complaints, and IRDA's new health insurance regulations.
This document is a student's summer training project report submitted for their MBA degree. It analyzes customer satisfaction at Birla Sun Life Insurance. The report includes chapters on insurance basics, the insurance industry in India, Birla Sun Life's products and profile, the regulatory environment, the research methodology used, findings from customer interviews, and a conclusion with suggestions. It was submitted under the supervision of the branch manager at Birla Sun Life to partially fulfill the requirements for an MBA degree.
This document provides an overview of a module on life assurance and pension business. It outlines the aims and learning outcomes of the module, which include developing an understanding of life assurance products and principles, underwriting factors, and claims administration. The indicative course content covers topics like the role of life assurance, different product types, underwriting, premiums, claims processing, and superannuation. Assessment includes in-course and final exams evaluating students' knowledge, skills, and application of concepts from the module.
This document provides a summer training project report submitted by Shivangi for her Bachelor of Business Administration degree. The report includes an acknowledgements section, executive summary, research objectives, methodology, company profiles of Birla Sun Life Insurance, Max New York Life, and HDFC Standard Life, a SWOT analysis, regulatory information, data analysis and findings. The report compares these three life insurance companies on factors such as products, sales strategies, and customer service.
This document is a project report submitted by Jacob Manuel for the partial fulfillment of an MBA degree from the University of Bangalore. The report studies consumer perception of life insurance policies in Bangalore. It includes an introduction to the study, background on life insurance, objectives of the study, and a review of literature. The research design section notes that an exploratory research design was used, studying a sample of 50 consumers in Bangalore from various age groups and occupations. Tables and graphs in the report analyze factors like consumer demographics, influences on purchasing decisions, satisfaction levels, and ratings of insurance companies.
This document is a research project submitted in partial fulfillment of requirements for a bachelor's degree in economics from the University of Nairobi. The project examines the influence of economic factors on the performance of the health insurance subsector in Nairobi County. It includes an abstract, table of contents, acknowledgements, literature review, methodology, results and conclusions. The study aims to determine the effects of interest rates, inflation, and per capita income levels on the financial performance of health insurance companies.
Life Insurance Company of Liability under Insured Fund Management Based On Go...inventionjournals
This important think for this research about the principles of Good Corporate Governance (GCG), which can serve as guidelines liability life insurance company and managing a fund. As we know that PT. Asuransi Jiwasraya (Persero) as one of the oldest companies in Indonesia who has experience with a range long enough, so that you have more opportunities to learn and make improvements in service quality improvement responsibilities in managing the funds of the insured. This research is supported by a variety of sources, both the primary and secondary as well as sociology of law, so that the journal presents about explanations and conclusions appropriate methodology and perspective of the data. GCG principles in life insurance companies studied in this journal aims to increase efficiencies, increase productivity, and improve the quality of care in the management of funds such as account for the insured. Business insurance is having great potential to support the national economy, a business that has managed by collect some premiums from public funds. In this case, legislation adequate and binding on Indonesia intended as optimal achievement in the field of supervision, resulting in the insurance business situation, especially the life insurance industry is transparent, healthy and able to do the best service to all stakeholders in the industry of life insurance business. But in reality, there are many insurance companies that fail in securing public funds that have been collected by the payment of premiums.
Long-erm Care and Health Care Insurance in OECD and Other CountriesΔρ. Γιώργος K. Κασάπης
This report carries out a stocktaking of what systems have in OECD and non-OECD countries for longterm care and health care, as well as the types of insurance products that are made available in these countries. It is part of a broader project that examines the complementarity of the social security network with the private insurance market, which examines how insurance could support the public sector longterm care and health care systems, as well as considering the financing of long-term care and health care.
This document provides an overview of the insurance industry in Bangladesh. It discusses the history and development of insurance in the country, including the nationalization of insurance companies in 1972. It then lists the top 12 insurance companies in Bangladesh and describes their founding and focus. Finally, it outlines the functions of insurance companies, including pooling funds from policyholders to pay claims and providing long-term savings opportunities.
Life Insurance Company of Liability under Insured Fund Management Based On Go...inventionjournals
This important think for this research about the principles of Good Corporate Governance (GCG), which can serve as guidelines liability life insurance company and managing a fund. As we know that PT. Asuransi Jiwasraya (Persero) as one of the oldest companies in Indonesia who has experience with a range long enough, so that you have more opportunities to learn and make improvements in service quality improvement responsibilities in managing the funds of the insured. This research is supported by a variety of sources, both the primary and secondary as well as sociology of law, so that the journal presents about explanations and conclusions appropriate methodology and perspective of the data. GCG principles in life insurance companies studied in this journal aims to increase efficiencies, increase productivity, and improve the quality of care in the management of funds such as account for the insured. Business insurance is having great potential to support the national economy, a business that has managed by collect some premiums from public funds. In this case, legislation adequate and binding on Indonesia intended as optimal achievement in the field of supervision, resulting in the insurance business situation, especially the life insurance industry is transparent, healthy and able to do the best service to all stakeholders in the industry of life insurance business. But in reality, there are many insurance companies that fail in securing public funds that have been collected by the payment of premiums
ICICI Prudential Life Insurance is the 2nd largest life insurance company in India with a customer base of 4 million and total assets exceeding Rs. 100,000 crore. The insurance sector provides greater opportunities after liberalization with several global players emerging. Life insurance premium in India is projected to grow significantly from 1998-99 to 2009-10, indicating enormous potential for growth in the life insurance sector.
CBO prepares cost estimates for proposed legislation to assist Congress. The estimates identify the budgetary effects and impact on health insurance coverage over 10 years. To estimate the cost of repealing the ACA individual mandate, CBO used its HISIM model and additional analysis. This showed repealing the mandate would increase the federal deficit by $338 billion from 2018-2027 by reducing penalty revenues and increasing uninsured populations.
A study on customer satisfaction of life insurance policiesAnnamumumu
This document provides an overview of life insurance in India. It discusses the history and development of life insurance in India from its origins in 1818 with the establishment of the first life insurance company in Calcutta. It describes how life insurance gradually expanded and how the Life Insurance Corporation of India was created in 1956 to further spread life insurance across the country, especially to rural areas. The document also discusses the concepts of insurance, types of life insurance policies, and provides statistics on LIC's growth and expansion over the decades since its establishment.
This document discusses HDFC Standard Life Insurance Company and its products. It provides an overview of HDFC Standard Life, highlighting its strengths such as financial expertise, range of solutions, and track record. It then discusses the company's major individual and group products. For individual products, it outlines various term plans, investment plans like single premium whole of life plans, pension plans, and savings plans. The group products section is not included in this summary as it was not part of the given document. The document provides details about HDFC Standard Life's product portfolio and solutions.
Ulip as an investment avenue mba final year project 126195944 (1)PrataykshaSingh
The insurance industry in India started in the 19th century under British rule without regulation. After independence, the life insurance industry was nationalized in 1956 and general insurance was nationalized in 1972. Private insurance companies were allowed to enter in 1999 with a maximum 26% foreign holding. The opening up of the insurance sector has led to higher savings, expansion of capital markets, and increased foreign investment and employment. The size of the Indian insurance market is growing at 10% annually and has the potential to sustain over 100 insurers. Recent regulations established the Insurance Regulatory Development Authority to regulate the sector as it opens to more private and foreign players.
This document provides a summary of a student project on perceptions of investors investing in life insurance. It includes an introduction to concepts like insurance, the history and overview of the insurance industry in India. It discusses life insurance provider LIC and its products. The objectives of the study are to examine customer awareness, satisfaction, expectations, needs regarding benefits of life insurance, and compare LIC to competitors. The methodology will involve a survey to collect primary data to analyze perceptions.
anaalysis of life insurance buyers perception towards private life insurance ...Harish Hari
This document discusses a research paper analyzing Indian consumers' perceptions of private life insurance companies and policies. It provides background on the history and development of the life insurance industry in India. The study aims to understand how perceptions differ between private and public insurance providers, given that private insurers recently entered the market. It outlines the problem statement, objectives, methodology, hypotheses, and limitations of the research.
Study of Investors’ Preference for the Selection of an Insurance ProductDr. Amarjeet Singh
- The document discusses a study on factors that influence investors' preferences when selecting an insurance product in Maharashtra, India.
- It analyzes how demographics like gender and income, as well as factors like product features, premium amounts, claims settlement, etc. impact choice of insurance policies.
- The study found that gender and income do significantly impact the factors considered when selecting a policy, while satisfaction levels varied less between genders for preferred policies.
Product liability insurance in china report by daxue consultingDaxue Consulting
With support from Asian Risks Management Services Co. Ltd. (ARMS) we are happy to share our new report on product liability insurance in China.
Overview of the product liability insurance market, policies & obstacles of product liability insurance, legal cases, and main insurers & key products have been covered in this report.
A Project Report on - FINANCIAL PERFORMANCE OF LIC AND PRIVATE SECTOR LIFE...Karteek Chedadeepu
FINANCIAL PERFORMANCE OF LIC AND PRIVATE SECTOR LIFE INSURANCE COMPANIES IN INDIA
- A COMPARATIVE ANALYSIS USING CARAMEL MODEL..
This is my project report. I did my project on the financial performance of private and public sector of Life insurance companies India by using CARAMEL model.
Study of Road Patterns and Space Formation in Settlement Areas on the Edge of...AJHSSR Journal
ABSTRACT: This research aims to find developments in road patterns from 2008 to 2024 and explain the
influence of road patterns on the formation of settlements on the edge of Lake Laut Tawar. This research uses a
quantitative descriptive approach and diachronic reading analysis techniques. This research uses overlapping
maps (superimpose), surveys, and interviews. The results of this research are to find factors that influence the
formation of settlements on the edge of Lake Laut Tawar, including the flat topographic conditions. Demographics
continue to increase in the population of the study location. The social culture at the study location is that the
residents who live on the edges of Lake Laut Tawar are residents who have family relationships. Distribution of
space designations that change function from agricultural land to residential land. Land values vary on the edges
of Lake Laut Tawar according to their zones.
KEYWORDS : Road Pattern, Lake Edge, Laut Tawar Lake
HAPIS AT KATANUNGAN, PANGUNGULILA NG MGA NAIWAN: SIPAT-SURI SA MAIKLING KUWEN...AJHSSR Journal
ABSTRAK: Ang pagpapatiwakal o sariling pagtapos ng buhay ay isang malubhang dilema na madalas na
kinahaharap ng isang taong nakararanas ng malalim na hirap at kalungkutan. Ang isa sa mga dahilan ng
pagpapatiwakal ay ang pagtingin dito bilang isang paraan ng pagtakas mula sa mga suliranin at hamon ng buhay.
Ang pagsusuri sa maikling kuwentong "Bahay sa Dilim" ni Alfredo Enriquez ay isang uri ng kwalitatibong
pananaliksik na gumamit ng pagsusuring pangnilalaman upang maabot ang layunin nito na tukuyin at
maipaliwanag ang mga isyu ng dilema at desisyon sa pagpapatiwakal, pagmamahal sa pamilya, at pangungulila
at pagsisisi. Sa paggamit ng mga teoryang pampanitikan tulad ng eksistensyalismo at romantisismo bilang mga
gabay, ninais ng mga mananaliksik na magbigay-liwanag at solusyon sa mga isyu ng pagpapatiwakal. Ito ay
magiging patnubay sa pagpapalawak ng kaalaman tungkol sa mga suliranin at karanasan ng mga pamilyang
Pilipino, pati na rin sa mga laban na hinaharap ng isang tao na nakararanas ng isang dilema. Sa dulo, hinahamon
ng pag-aaral na ito na gamitin pa ang iba't ibang uri ng panitikan na mas naglalarawan ng tunay na karanasan at
realidad ng buhay.
KEYWORDS : pagpapatiwakal, dilema, kalungkutan, buhay, pangungulila
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This document is a student's summer training project report submitted for their MBA degree. It analyzes customer satisfaction at Birla Sun Life Insurance. The report includes chapters on insurance basics, the insurance industry in India, Birla Sun Life's products and profile, the regulatory environment, the research methodology used, findings from customer interviews, and a conclusion with suggestions. It was submitted under the supervision of the branch manager at Birla Sun Life to partially fulfill the requirements for an MBA degree.
This document provides an overview of a module on life assurance and pension business. It outlines the aims and learning outcomes of the module, which include developing an understanding of life assurance products and principles, underwriting factors, and claims administration. The indicative course content covers topics like the role of life assurance, different product types, underwriting, premiums, claims processing, and superannuation. Assessment includes in-course and final exams evaluating students' knowledge, skills, and application of concepts from the module.
This document provides a summer training project report submitted by Shivangi for her Bachelor of Business Administration degree. The report includes an acknowledgements section, executive summary, research objectives, methodology, company profiles of Birla Sun Life Insurance, Max New York Life, and HDFC Standard Life, a SWOT analysis, regulatory information, data analysis and findings. The report compares these three life insurance companies on factors such as products, sales strategies, and customer service.
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This document is a research project submitted in partial fulfillment of requirements for a bachelor's degree in economics from the University of Nairobi. The project examines the influence of economic factors on the performance of the health insurance subsector in Nairobi County. It includes an abstract, table of contents, acknowledgements, literature review, methodology, results and conclusions. The study aims to determine the effects of interest rates, inflation, and per capita income levels on the financial performance of health insurance companies.
Life Insurance Company of Liability under Insured Fund Management Based On Go...inventionjournals
This important think for this research about the principles of Good Corporate Governance (GCG), which can serve as guidelines liability life insurance company and managing a fund. As we know that PT. Asuransi Jiwasraya (Persero) as one of the oldest companies in Indonesia who has experience with a range long enough, so that you have more opportunities to learn and make improvements in service quality improvement responsibilities in managing the funds of the insured. This research is supported by a variety of sources, both the primary and secondary as well as sociology of law, so that the journal presents about explanations and conclusions appropriate methodology and perspective of the data. GCG principles in life insurance companies studied in this journal aims to increase efficiencies, increase productivity, and improve the quality of care in the management of funds such as account for the insured. Business insurance is having great potential to support the national economy, a business that has managed by collect some premiums from public funds. In this case, legislation adequate and binding on Indonesia intended as optimal achievement in the field of supervision, resulting in the insurance business situation, especially the life insurance industry is transparent, healthy and able to do the best service to all stakeholders in the industry of life insurance business. But in reality, there are many insurance companies that fail in securing public funds that have been collected by the payment of premiums.
Long-erm Care and Health Care Insurance in OECD and Other CountriesΔρ. Γιώργος K. Κασάπης
This report carries out a stocktaking of what systems have in OECD and non-OECD countries for longterm care and health care, as well as the types of insurance products that are made available in these countries. It is part of a broader project that examines the complementarity of the social security network with the private insurance market, which examines how insurance could support the public sector longterm care and health care systems, as well as considering the financing of long-term care and health care.
This document provides an overview of the insurance industry in Bangladesh. It discusses the history and development of insurance in the country, including the nationalization of insurance companies in 1972. It then lists the top 12 insurance companies in Bangladesh and describes their founding and focus. Finally, it outlines the functions of insurance companies, including pooling funds from policyholders to pay claims and providing long-term savings opportunities.
Life Insurance Company of Liability under Insured Fund Management Based On Go...inventionjournals
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This document provides an overview of life insurance in India. It discusses the history and development of life insurance in India from its origins in 1818 with the establishment of the first life insurance company in Calcutta. It describes how life insurance gradually expanded and how the Life Insurance Corporation of India was created in 1956 to further spread life insurance across the country, especially to rural areas. The document also discusses the concepts of insurance, types of life insurance policies, and provides statistics on LIC's growth and expansion over the decades since its establishment.
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This document discusses a research paper analyzing Indian consumers' perceptions of private life insurance companies and policies. It provides background on the history and development of the life insurance industry in India. The study aims to understand how perceptions differ between private and public insurance providers, given that private insurers recently entered the market. It outlines the problem statement, objectives, methodology, hypotheses, and limitations of the research.
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- The document discusses a study on factors that influence investors' preferences when selecting an insurance product in Maharashtra, India.
- It analyzes how demographics like gender and income, as well as factors like product features, premium amounts, claims settlement, etc. impact choice of insurance policies.
- The study found that gender and income do significantly impact the factors considered when selecting a policy, while satisfaction levels varied less between genders for preferred policies.
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With support from Asian Risks Management Services Co. Ltd. (ARMS) we are happy to share our new report on product liability insurance in China.
Overview of the product liability insurance market, policies & obstacles of product liability insurance, legal cases, and main insurers & key products have been covered in this report.
A Project Report on - FINANCIAL PERFORMANCE OF LIC AND PRIVATE SECTOR LIFE...Karteek Chedadeepu
FINANCIAL PERFORMANCE OF LIC AND PRIVATE SECTOR LIFE INSURANCE COMPANIES IN INDIA
- A COMPARATIVE ANALYSIS USING CARAMEL MODEL..
This is my project report. I did my project on the financial performance of private and public sector of Life insurance companies India by using CARAMEL model.
Similar to Liability of the Insurer against the Insured Loss in Unit Link Based Life Insurance on The Basis of Default (20)
Study of Road Patterns and Space Formation in Settlement Areas on the Edge of...AJHSSR Journal
ABSTRACT: This research aims to find developments in road patterns from 2008 to 2024 and explain the
influence of road patterns on the formation of settlements on the edge of Lake Laut Tawar. This research uses a
quantitative descriptive approach and diachronic reading analysis techniques. This research uses overlapping
maps (superimpose), surveys, and interviews. The results of this research are to find factors that influence the
formation of settlements on the edge of Lake Laut Tawar, including the flat topographic conditions. Demographics
continue to increase in the population of the study location. The social culture at the study location is that the
residents who live on the edges of Lake Laut Tawar are residents who have family relationships. Distribution of
space designations that change function from agricultural land to residential land. Land values vary on the edges
of Lake Laut Tawar according to their zones.
KEYWORDS : Road Pattern, Lake Edge, Laut Tawar Lake
HAPIS AT KATANUNGAN, PANGUNGULILA NG MGA NAIWAN: SIPAT-SURI SA MAIKLING KUWEN...AJHSSR Journal
ABSTRAK: Ang pagpapatiwakal o sariling pagtapos ng buhay ay isang malubhang dilema na madalas na
kinahaharap ng isang taong nakararanas ng malalim na hirap at kalungkutan. Ang isa sa mga dahilan ng
pagpapatiwakal ay ang pagtingin dito bilang isang paraan ng pagtakas mula sa mga suliranin at hamon ng buhay.
Ang pagsusuri sa maikling kuwentong "Bahay sa Dilim" ni Alfredo Enriquez ay isang uri ng kwalitatibong
pananaliksik na gumamit ng pagsusuring pangnilalaman upang maabot ang layunin nito na tukuyin at
maipaliwanag ang mga isyu ng dilema at desisyon sa pagpapatiwakal, pagmamahal sa pamilya, at pangungulila
at pagsisisi. Sa paggamit ng mga teoryang pampanitikan tulad ng eksistensyalismo at romantisismo bilang mga
gabay, ninais ng mga mananaliksik na magbigay-liwanag at solusyon sa mga isyu ng pagpapatiwakal. Ito ay
magiging patnubay sa pagpapalawak ng kaalaman tungkol sa mga suliranin at karanasan ng mga pamilyang
Pilipino, pati na rin sa mga laban na hinaharap ng isang tao na nakararanas ng isang dilema. Sa dulo, hinahamon
ng pag-aaral na ito na gamitin pa ang iba't ibang uri ng panitikan na mas naglalarawan ng tunay na karanasan at
realidad ng buhay.
KEYWORDS : pagpapatiwakal, dilema, kalungkutan, buhay, pangungulila
Risk Tolerance as A Moderation of Financial Literacy and Lifestyle on Old Age...AJHSSR Journal
ABSTRACT:Old age financial planning must consider various factors, such as retirement age, estimated
monthly expenses in retirement, life expectancy, current and projected income until retirement which determines
the ability to save, assets and investments already owned, and the impact of inflation on future purchasing
power. Future, as well as the level of investment return. This research is causal associative research, this
research uses a quantitative approach. The population used in this research were employees within the Rectorate
of the University of Mataram, 67 Civil Servants. The saturated sampling method or total sampling is a sampling
technique in which all members of the population are used as samples. In this questionnaire, respondents'
answers were measured using a 6-point Likert scale: with ratings of 1 (strongly disagree), 2 (disagree), 3
(somewhat disagree), 4 (somewhat agree), 5 (agree), 6 (strongly agree). The Partial Least Square-Structural
Equation Model (PLS-SEM) with smart PLS 3.0 software was used to analyze the research data. The study's
findings indicate that financial literacy is found to have a positive and significant impact on old-age financial
planning among Rectorate employees at the University of Mataram. This indicates that as financial literacy
levels increase, so do activities relate to planning for retirement. Conversely, lifestyle does not exhibit a
significant influence on old-age financial planning for these employees. Furthermore, the interaction between
financial literacy and risk tolerance weakens the effect of financial literacy on retirement financial planning,
implying that higher risk tolerance diminishes the impact of financial literacy on planning for retirement.
However, risk tolerance does not moderate the influence of lifestyle on old-age financial planning, indicating
that the interaction between lifestyle and risk tolerance does not significantly affect retirement financial
planning for Rectorate employees at Mataram University.
KEYWORDS :Risk Tolerance, Financial Literacy, Lifestyle, Old Age Financial Planning
THE INFLUENCE OF APPLICATION FEATURES AND SECURITY THROUGH TRUST ON BRImo CUS...AJHSSR Journal
ABSTRACT : This research objective is to determine the influence of application features and security
through trust on BRImo customer loyalty in Banyuwangi. This research used the Explanatory Research type.
The population used in this research is all customers who use the BRImo application as of the end of December
2022 at the BRI Banyuwangi office, totaling 89,333 customers. The sampling technique in this research used a
multistage random sampling technique (multi stage sampling). In this study, the criteria used were customers
who happened to use the BRImo application and were financially registered, totaling 100 respondents. The data
analysis method used Structural Equation Modeling (SEM) with the SmaprtPLS application. The research
results showed that Application Features influence BRIMo Trust in Banyuwangi Regency. Security influenced
BRIMo's trust in Banyuwangi Regency. Application features influenced BRIMo customer loyalty in
Banyuwangi Regency. Security influenced BRIMo Customer Loyalty in Banyuwangi Regency. Trust influenced
BRIMo Customer Loyalty in Banyuwangi Regency. Trust mediated the influence of Application Features on
BRIMo Customer Loyalty in Banyuwangi Regency. Trust mediated the influence of Security on BRIMo
Customer Loyalty in Banyuwangi Regency.
KEYWORDS : Application feature, security, trust, loyalty
On Storytelling & Magic Realism in Rushdie’s Midnight’s Children, Shame, and ...AJHSSR Journal
ABSTRACT: Salman Rushdie’s novels are humorous books about serious times. His cosmopolitanism and
hybrid identity allowed him access to multiple cultures, religions, languages, dialects, and various modes of
writing. His style is often classified as magic realism, blending the imaginary with the real. He draws
inspiration from both English literature and Indian classical sources. Throughout his works, there is a lineage of
‘bastards of history’, a carnival of shameful characters scrolling all along his works. Rushdie intertwines fiction
with reality, incorporating intertextual references to Western literature in his texts, and frequently employing
mythology to explore history. This paper focuses on Rushdie’s three novels: Midnight’s Children, Shame, and
Haroun and the Sea of Stories, analyzing his postmodern storytelling techniques that aim to explore human
vices and follies while offering socio-political criticism.
KEYWORDS : Magic Realism, Rushdie, Satire, Storytelling, Transfictional Identities
CYBER SECURITY ENHANCEMENT IN NIGERIA. A CASE STUDY OF SIX STATES IN THE NORT...AJHSSR Journal
ABSTRACT: Security plays an important role in human life and endeavors. Securing information and
disseminating are critical challenges in the present day. This study aimed at identifying innovative technologies
that aid cybercrimes and can constitute threats to cybersecurity in North Central (Middle Belt) Nigeria covering
its six States and the FCT Abuja. A survey research design was adopted. The researchers employed the use of
Google form in administering the structured questionnaire. The instruments were faced validated by one expert
each from ICT and security. Cronbach Alpha reliability Coefficient was employed and achieved 0.83 level of
coefficient. The population of the study was 200, comprising 100 undergraduate students from computer science
and Computer/Robotics Education, 80 ICT instructors, technologists and lecturers in the University and
Technical Colleges in the Middle Belt Nigeria using innovative technologies for their daily jobs and 20 officers
of the crime agency such as: Independent Corrupt Practices Commission (ICPC) andEconomic and Financial
Crimes Commission (EFCC). Three research purposes and questions as well as the hypothesis guided the study
on Five (5) point Likert scale. Data collected were analyzed using mean and standard deviation for the three
research questions while three hypotheses were tested using t-test at 0.05 level of significance. Major findings
revealed that serious steps are needed to better secure the cybers against cybercrimes. Motivation, types, threats
and strategies for the prevention of cybercrimes were identified. The study recommends that government,
organizations and individuals should place emphasis on moral development, regular training of its employees,
regular update of software, use strong password, back up data and information, produce strong cybersecurity
policy, install antivirus soft and security surveillance (CCTV) in offices in order to safeguard its employees and
properties from being hacked and vandalized.
KEYWORDS: Cybersecurity, cybercrime, cyberattack, cybercriminal, computer virus, Virtual Private Networks
(VPN).
TACKLING ILLEGAL LOGGING: PROBLEMS AND CHALLENGESAJHSSR Journal
ABSTRACT: Illegal logging poses significant environmental, economic, and social challenges worldwide. This
research explores the problems associated with illegal logging in the present and future, shedding light on the
multifaceted nature of this issue and the accompanying challenges faced by governments, organizations, and
communities. The study employs a comprehensive literature review to analyze the current state of illegal
logging, its causes, and its consequences. It examines the environmental impact of deforestation, including
biodiversity loss, habitat degradation, and climate change. The researchers identify the challenges faced in
combating illegal logging in the present and anticipate future obstacles. It considers illegal logging networks'
complex and elusive nature, the limited enforcement capacity, and the need for international cooperation and
coordination. The study also examines the adoption and effectiveness of policies, regulations, and technological
advancements in curbing illegal logging practices in Davao City.
Keywords -Problems and Challenges, Cultural Disruptions, Anticipate future problems.
Towards Developing Students’ Soft Skills: The Case of ENSAM StudentsAJHSSR Journal
ABSTRACT: Building students’ soft skills has started to gain ground within the realm of higher education in
Morocco. However, the development of these skills requires a real-life context which simplifies their learning.
In this regard, the present study is mainly conducted to investigate the effect of the out-group collaborative
learning method on the development of students’ soft skills. Data for the study comes from 20 semester two
students at “Ecole Nationale Superieure d'Arts et Metiers” (ENSAM), Moulay Ismail University, Meknes, by
implementing a one-group pretest-posttest research design. The qualitative and quantitative findings confirm
that there is a statistically significant difference between the pretest and posttest results. Therefore, the adopted
treatment, the out-group collaborative learning method, has improved students’ communication, adaptability and
presentation delivery skills. The findings of this study can be useful for future studies and give language
teachers insights into the importance of using the out-group collaborative learning method in their teaching of
the soft skills.
KEYWORDS : collaborative learning, soft-skills, out-group collaborative learning method
STUDY ON THE DEVELOPMENT STRATEGY OF HUZHOU TOURISMAJHSSR Journal
ABSTRACT: Huzhou has rich tourism resources, as early as a considerable development since the reform and
opening up, especially in recent years, Huzhou tourism has ushered in a new period of development
opportunities. At present, Huzhou tourism has become one of the most characteristic tourist cities on the East
China tourism line. With the development of Huzhou City, the tourism industry has been further improved, and
the tourism degree of the whole city has further increased the transformation and upgrading of the tourism
industry. However, the development of tourism in Huzhou City still lags far behind the tourism development of
major cities in East China. This round of research mainly analyzes the current development of tourism in
Huzhou City, on the basis of analyzing the specific situation, pointed out that the current development of
Huzhou tourism problems, and then analyzes these problems one by one, and put forward some specific
solutions, so as to promote the further rapid development of tourism in Huzhou City.
KEYWORDS:Huzhou; Travel; Development
Enhancing Losari Beach Exploration: Augmented Reality for Immersive Visualiza...AJHSSR Journal
ABSTRACT: South Sulawesi, commonly known as Makassar, boasts rich cultural heritage and customs,
making it a prominent destination for tourism. Among its attractions, Losari beach stands out as a focal point for
visitors seeking to explore the city's natural beauty and cultural offerings. In this context, leveraging modern
technology such as augmented reality presents an innovative approach to showcasing Losari beach to potential
tourists. This research endeavors to introduce tourism assets in a more visually captivating manner through the
use of augmented reality. Utilizing software tools like Unity and Adobe Illustrator, the study focuses on creating
an immersive experience where tourists can interact with virtual representations of Losari beach. By simply
pointing their mobile phone cameras at designated markers or using barcode scanners, tourists can access
augmented reality features embedded within the application. The findings of this research aim to provide
valuable information, particularly for foreign tourists, about Losari beach, positioning it as a compelling
destination within South Sulawesi's diverse array of tourist attractions. Through this technological innovation,
the study seeks to enhance the visibility and appeal of Makassar city's tourism offerings on a global scale.
KEYWORDS: Visualizing, Losari Beach, Augmented Reality
DEVELOPMENT STATUS AND COUNTERMEASURES OF TMALL DURING THE COVID-19 EPIDEMICAJHSSR Journal
ABSTRACT:China's e-commerce enterprises have developed rapidly, among which Tmall has become one of
the largest retail shopping websites in China.But in the past year, the Covid-19 epidemic has brought a huge
impact to Chinese e-commerce enterprises, and Tmall is no exception.Therefore, the development status of
Tmall in the new crown epidemic situation was analyzed, and the viewpoint was put forward :Tmall1 stabilized
the situation in the face of the epidemic situation and made a very correct countermeasures.The influence of this
epidemic on Tmall was deeply analyzed, and the conclusion was made: the new crown epidemic is both a
challenge and an opportunity forTmall.
KEYWORDS:Tmall; COVID - 19 outbreak ; The electronic commerce
Factors affecting undergraduate students’ motivation at a university in Tra VinhAJHSSR Journal
ABSTRACT: Motivation plays an important role in foreign language learning process. This study aimed to
investigate student’s motivation patterns towards English language learning at a University in Tra Vinh, and factors
affecting their motivation change toward English language learning of non-English-major students in the semester.
The researcher used semi-structured interview at the first phase of choosing the participants and writing reflection
through the instrument called “My English Learning Motivation History” adapted from Sawyer (2007) to collect
qualitative data within 15 weeks. The participants consisted of nine first year non-English-major students who learning
General English at pre-intermediate level. They were chosen and divided into three groups of three members each
(high motivation group; average motivation group; and low motivation group). The results of the present study
identified six visual motivation patterns of three groups of students with different motivation fluctuation, through the
use of cluster analysis. The study also indicated a diversity of factors affecting students’ motivation involving internal
factors as influencing factors (cognitive, psychology, and emotion) and external factors as social factors (instructor,
peers, family, and learning environment) during English language learning in a period of 15 weeks. The findings of
the study helped teacher understand relationship of motivation change and its influential factors. Furthermore, the
findings also inspired next research about motivation development in learning English process.
KEY WORDS: language learning motivation, motivation change, motivation patterns, influential factors, students’
motivation.
The Impact of Work Stress and Digital Literacy on Employee Performance at PT ...AJHSSR Journal
ABSTRACT :This research aims to analyze the correlation between employee work stress and digital literacy
with employee performance at PT Telkom Akses Area Cirebon, both concurrently and partially. Employing a
quantitative approach, the study's objectives are descriptive and causal, adopting a positivist paradigm with a
deductive approach to theory development and a survey research strategy. Findings reveal that work stress
negatively and significantly impacts employee performance, while digital literacy positively and significantly
affects it. Simultaneously, work stress and digital literacy have a positive and significant influence on employee
performance. It is anticipated that company management will devise workload management strategies to
alleviate work stress and assess the implementation of more efficient digital technology to enhance employee
performance.
KEYWORDS -digital literacy, employee performance,job stress, multiple regression analysis, workload
management
The Settlement of Construction Disputes Through Dispute Councils From the Per...AJHSSR Journal
ABSTRACT:This research differs from the practice of business activity in the construction services industry,
which may lead to construction disputes. The settlement of construction disputes is a consensus based on the
basic principle of debate. If the discussions between the parties do not reach an agreement, the parties may take
measures to resolve the dispute through the dispute council. Because the standard governing the disputes
committee was not fully regulated, they did not comply with the principle of legal certainty. Therefore, further
research was needed to establish a theoretical basis for regulating the disputes committee in settling construction
disputes. This research is a standard legal research using a legal regulatory, conceptual, and comparative
approach. The research results show that the ideal concept of resolving construction disputes through a dispute
council based on the value of legal certainty is to establish that the position of the dispute council is a special
court that has the authority to resolve construction disputes under construction services agreements. To realize
the position of the Court of Disputation as a special court, it must be based on the creation of philosophical
values, the creationof legislative regulations, and the creation of the institutional structure of the Court of
Disputation.
KEYWORDS-Construction Disputes, Dispute Council, Special Court
VALUES OF ORAL LITERATURE IN THE SOCIETY: A STUDY OF FOLKTALES OFOGBA IN RIVE...AJHSSR Journal
ABSTRACT : Oral literature is a creative work of art that portends high merit and has the creative use of
imagination in preliterate societies. It adopts the genres of literature: drama, prose and poetry in the oral milieu,
using performance as its hallmark. It thrives on the use of oral data because of its orality. This paper focuses on
the moral values or oral literature in the society using Ogba as a spring board. The study was carried out in
communities ofOgba. The population of the study consists of ten towns and village, in Ogba. The theoretical
framework used is Dell Hyme’s ethno-poetics because the works of oral literature relate to the society. This
paper concludes that oral literature serves to against all odds; communicate ideas, emotions, beliefs and
appreciation of life. The folktales in Ogba for instance, serve similar purpose through their
rendition/performance. Through the stories, the younger generation in Ogba society is familiarised with the
customs, traditions, and rituals prevalent in the society. This paper therefore recommends the use of oral
literature in all its genres to inculcate moral values and lessons to the teenagers and youths. Against this
background, Ogba (African) themselves must cease to regard oral literature as primitive and fetish.
KEYWORDS: Values, Oral Literature, Society, Ogba, Folktales
Pormalistikong Pagdalumat sa mga Tula ni Ron CanimoAJHSSR Journal
ABSTRACT: Nilayon ng pag-aaral na ito na masuri ang dalawampung (20) tula ni Ron Canimo gamit ang
pormalistikong dulog batay sa mga sumusunod na elemento: (a) Sukat at Tugma, (b) Talinghaga at
Simbolismo, (c) Imahen, (d) Tema, at (e) Diksiyon. Layunin din nitong mataya ang antas ng pagtanggap ng
ginawang pagsusuri gamit ang nabuong instrumento sa pagtataya nito. Sinunod dito ang Input-Process-Output
na balangkas ng pag-aaral at ginamitan ng kwantitatib-deskriptib-ebalwatib na pamamaraan. Sa pamamagitan
ng talatanungang ibinatay sa ginamit ni Morales (2014) na naimodipika ayon sa kahingian ng kasalukuyang
pag-aaral, tatlong (3) gurong eksperto ang nagsilbing tagataya dito na siyang tumiyak sa kahusayan ng nabuong
pagsusuri ng mananaliksik. Gamit ang Content Analysis, natuklasan na makabagong pamamaraan ang istilo na
ginamit ni Ron Canimo sa pagsulat ng mga tula. Lahat ng kanyang mga tula ay walang sinusunod na sukat at
tugma, may iba‟t ibang tayutay at simbolismong ginamit, magkaibang pandama ang pinagana dahil sa mga
imahe at paglalarawang ginawa, iba‟t ibang uri ng pag-ibig ang tinalakay at gumamit ng pormal, impormal o
kumbersasyonal na wika at makabagong istilo sa pagsulat ng tula. Gamit ang mean at standard deviation,
lumabas na “Mataas” ang antas ng pagtanggap sa kabuuan ng mga gurong eksperto na tumaya sa nabuong
pagsusuri. Lumabas din na “Mataas” ang antas ng kanilang pagtanggap sa nabuong pagsusuri batay sa mga
sumusunod na elemento: (a) Sukat at Tugma, (b) Talinghaga at Simbolismo, (c) Imahen, (d) Tema, at (e)
Diksiyon. Mula sa natayang pagsusuri at kinalabasan ng antas ng pagtanggap dito, naitala ang mga paksa sa
Junior High School Filipino na maaaring lapatan at gamitan ng nabuong pagsusuri.
KEYWORDS: Kumbensyunal, Pagdalumat, Pormalistiko, Ron Canimo, Tula
SCHOOL CULTURE ADAPTATION AMONG INDIGENOUS PEOPLES COLLEGE STUDENTS AT A PRIV...AJHSSR Journal
ABSTRACT: This qualitative study investigates the adaption experiences of indigenous college students at the
University of Mindanao, Matina-main campus. Eight major themes emerged, including difficulties with language
proficiency, online learning, classroom interaction, examination systems, grading procedures, school regulations,
resource accessibility, coping mechanisms, and future goals. Implications include the requirement for targeted
language proficiency and technology use support, an understanding of adaption processes, interventions to
improve resource accessibility, and equitable public administration policies. The study underlines the importance
of adaptation in various educational contexts, as well as the role of educators and legislators in creating inclusive
learning environments.
KEYWORDS: indigenous college students, adaptation, educational challenges, coping strategies
The effect of Institutional Ownership, Sales Growth and Profitability on Tax ...AJHSSR Journal
ABSTRACT: This research aims to test, analyze and obtain empirical evidence about the influence of
institutional ownership, sales growth and profitability on tax avoidance. The object of this research is
manufacturing companies in the consumer goods industry sector listed on the Indonesia Stock Exchange (BEI)
in 2018-2022. This research used quantitative research methods and causal research design. The sampling
technique in this research used non-probability sampling with purposive sampling as the basis for determining
the sample so that a sample of 55 samples was obtained. The data used is secondary data obtained from the
official website of the Indonesia Stock Exchange (BEI) during the 2018-2022 period. The data analysis method
used was multiple linear regression analysis with several tests such as descriptive statistical tests, classical
assumption tests, and hypothesis testing using SPSS version 26 statistical software. The results showed that the
institutional ownership variable has no effect on tax avoidance, while the sales growth and profitability has a
negative and significant effect on tax avoidance.
KEYWORDS: Institutional Ownership, Sales Growth, Profitability, Tax Avoidance
MGA ESTRATEHIYA SA PAGTUTURO KAUGNAY SA PASALITANG PARTISIPASYON NG MGA MAG-A...AJHSSR Journal
ABSTRAK: Ang mga estratehiya sa pagtuturo ay mahalagang kasangkapan sa paghahatid ng mabisang
pagtuturo sa loob ng silid. Tinukoy sa pag-aaral na ito ang antas ng kagustuhan ng mga mag-aaral sa pagsasadula,
pangkatang talakayan at paggawa ng mga koneksyon sa tunay na karanasan sa buhay bilang mga estratehiya sa
pagtuturo ng panitikan sa Filipino at pasalitang partisipasyon ng mga mag-aaral sa Baitang 7 ng Misamis
University Junior High School, Ozamiz City. Ang ginamit na disenyo sa pananaliksik na ito ay deskriptivcorrelational. Ang mga datos sa pag-aaral ay nagmula sa kabuuang populasyon na 120 na mag-aaral at tatlong
mga guro na tagamasid sa pasalitang partisipasyon ng mga mag-aaral. Ang Talatanungan sa Kagamitan sa
Pagtuturo ng Panitikan at Checklist batay sa Obserbasyon sa Pasalita na Partisipasyon ay ang instrumentong
ginamit sa pagkalap ng datos. Mean, standard deviation, Analysis of Variance at Pearson Product-Moment
Correlation Coefficient ang mga ginamit na estatistiko na sangkap. Inihayag sa naging resulta na ang tatlong piling
estratehiya sa pagtuturo ng panitikan sa Filipino ay may pinakamataas na antas ng kagustuhan ng mga mag-aaral.
Ang antas ng pakilahok ng mga mag-aaral sa paggamit ng tatlong estratehiya sa pagtuturo ng panitikan ay
pinakamataas na nagpapahiwatig na aktibong nakilahok ang mga mag-aaral sa mga gawain. Inihayag din na
walang makabuluhang kaibahan sa antas ng kagustuhan ng mga mag-aaral sa mga estratehiya sa pagtuturo ng
panitikan sa Filipino. Ito ay nangahulugan na gustong-gusto ng mga mag-aaral ang pagkakaroon ng mga
estratehiya sa pagtuturo. Walang makabuluhang kaugnayan ang kagustuhan sa mga estratehiya at antas ng
pakikilahok ng mga mag-aaral. Hindi nakaapekto sa kanilang pakikilahok ang anumang estratehiyang ginamit ng
guro.
KEYWORDS : estratehiya, karanasan, pagsasadula, pagtuturo, pangkatang talakayan
The Role of the Instruction of Reading Comprehension Strategies in Enhancing ...AJHSSR Journal
ABSTRACT :Throughout my studies and teaching English in different language centers and higher studies
institutions, I have come to conclude that students consider Reading comprehension as a nightmare that
frightens them and hinders their language acquisition in the Moroccan EFL Context. This may cause them to
develop an internal psychological obstacle that grows as their lack of the necessary instruments or tools to
overcome are not equipped with. They become lost and unaware about or unfamiliar with the necessary reading
comprehension strategies that could help them to face the problem of misunderstanding or non-understanding
of English texts. Respectively, this article which is only one part of my whole study aims at showing the effect
of teaching reading strategies in enhancing the S1 students‟ familiarity with reading strategies and raising their
frequency use. A sample of 283 University students in EFL context have been chosen randomly and have
attended the usual academic reading classes, yet only 76 are subject to this survey. 38 of them constitute the
experimental group who have attended the treatment regularly in one of the language centers and the other 38
participants are chosen randomly from the whole population to constitute the Control group. They all have
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Liability of the Insurer against the Insured Loss in Unit Link Based Life Insurance on The Basis of Default
1. 2022
American Journal of Humanities and Social Sciences Research (AJHSSR) 2022
A J H S S R J o u r n a l P a g e | 150
American Journal of Humanities and Social Sciences Research (AJHSSR)
e-ISSN : 2378-703X
Volume-6, Issue-9, pp-150-158
www.ajhssr.com
Research Paper Open Access
Liability of the Insurer against the Insured Loss in
Unit Link Based Life Insurance on The Basis of Default
Fries Melia Salviana1
,Krisnadi Nasution2
,Evi Kongres3
123
Doctoral of Law at 17 Agustus 1945 Surabaya
ABSTRACT:Death is a risk that cannot be avoided by everyone. Death also causes several impacts, these
impacts occur on the families left behind. This will be more severe if the risk of death is experienced by the
head of the household who has been the backbone of the family. Therefore, losses that can later be suffered by
family members will be transferred by taking life insurance. The problem faced is that the principle of utmost
good faith is not implemented by the party who transfers the risk to his life, hereinafter referred to as the
insured. The allegation arises because the form that should contain material facts from the insured is not filled
in, even though there is a possibility that the insured did not fill out the form related to the material facts about
himself due to his ignorance. In addition, there is the principle of reciprocal duty which should be able to
provide legal protection to the insured on the principle of utmost good faith used by life insurance companies
not to carry out their obligations. Based on the foregoing, it can be formulated the problem formulation of the
characteristics of the principle of reciprocal duty in life insurance and the application of the principle of
reciprocal duty in legal protection for the insured life insurance. The method in this study is a normative
research with a statutory approach and primary legal materials consisting of legislation and secondary legal
materials in the form of books, journals, online media, as well as the results of surveys, interviews, and
observations which will later be categorized for carried out a thorough analysis.
KEYWORDS:Life Insurance, Reciprocal Duty Principle, Insured, Insured.
I. PRELIMINARY
Unit-linked life insurance is regulated in Financial Services Authority Regulation Number
23/POJK.05/2015 concerning Insurance Products and Marketing of Insurance Products or Insurance Products
Associated with Investments (hereinafter referred to as OJK Regulation No.23/POJK.05/2015) and Decisions
Chairman of the Capital Market and Financial Institution Supervisory Agency Number KEP-104/BL/2006
concerning Unit Link Products (hereinafter referred to as Decree of the Chairman of Bapepam-LK No. KEP-
104/BL/2006). Unit-linked life insurance is accepted by the public because unit-linked life insurance can
provide returns if the term of the policy, the insurance agreement has expired and the consumer is in good
health, the person concerned will receive a refund from the proceeds of his investment.
Article 11 of OJK Regulation No.23/POJK.05/2015 states that:
a. When the coverage takes effect;
b. Description of the agreed benefits;
c. Method of payment of Premiums or Contributions;
d. Grace period for payment of Premium or Contributions;
e. The exchange rate used for Insurance Policies in foreign currency if the payment of Premiums or
Contributions and benefits is linked to Rupiah;
f. The time recognized as the time of receipt of payment of Premium or Contribution;
g. Company policy that is determined if the payment of Premium or Contribution is made past the agreed
grace period;
h. The period when the Company is unable to review the validity of the insurance contract (incontestable
period) on long-term Insurance Products;
i. Cash value table, for Insurance Products marketed by Life Insurance Companies that contain cash
value;
j. Calculation of dividends on insurance policies or the like, for insurance products marketed by life
insurance companies that promise dividends on insurance policies or the like;
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k. Clauses of termination of coverage, both from the Company and from policyholders, the insured, or
participants, including the terms and causes;
l. Terms and procedures for submitting a claim, including supporting evidence that is relevant and
required in filing a claim;
m. Procedures for settlement and payment of claims;
n. Dispute settlement clauses which include, among other things, a settlement mechanism inside and
outside the court and the selection of the domicile for dispute resolution; and
o. The language used as a reference in the event of a dispute or difference of opinion, for an Insurance
Policy that is printed in 2 (two) or more languages.
Therefore, the insured in unit-linked life insurance does not only enter into an insurance agreement or transfer of
risk, but also an investment agreement.
Premium payments on unit-linked life insurance are not only used as a basis for risk transfer but also as
initial unit-linked investment funds. The high public interest in unit-linked life insurance continues to develop
every year, which can be seen in the growth of unit-linked insurance premium income which continues to
increase as in 2015 where unit-linked insurance premium income was Rp. 57.21 trillion or an increase of 9. 68%
from the previous year of Rp 52.16 trillion. Based on the premium payments mentioned above, it can be said
that unit-linked life insurance is a type of insurance that not only contains benefits for risk transfer but also has
investment benefits. Investment regulation itself is regulated in the Law of the Republic of Indonesia Number 25
of 2007 concerning Investment (hereinafter referred to as Law No. 25/2007).
Article 1 number 1 of Law No. 25/2007 states that:
Investment is all forms of investment activities, both by domestic investors and foreign investors to conduct
business in the territory of the Republic of Indonesia.While the definition of capital based on Article 1 number 7
of Law No. 25/2007 is an asset in the form of money or other forms that are not money owned by investors that
have economic value. Therefore, the premium in unit-based life insurance which is partly allocated to be placed
in a unit link for profit can be considered as capital as referred to in Article 1 point 7 of Law No. 25/2007.
The rapid development of unit-linked life insurance is followed by many problems. This can be seen
from data on consumer services of the Financial Services Authority (hereinafter referred to as OJK) which
receives complaints from consumers and reports on handling complaints submitted by insurance companies to
OJK through the Consumer Education and Protection Reporting System (SIPEDULI) where the number of
complaints related to life insurance unit link based is quite high. The main problems of complaints that are often
submitted by consumers are related to objections to investment returns that are not in accordance with the
percentage agreed upon or stated in the policy and the behavior of insurance agents who only promise profits
without discussing the risks to be faced. In addition, insurance agents also often introduce unit-linked life
insurance as a type of savings with higher interest when compared to other types of savings, so it can be said
that many insured are disadvantaged because they do not have an understanding of unit-linked life insurance.
The problems most complained about by consumers related to unit-linked life insurance are as follows:
1) Agents who do not provide a comprehensive explanation of unit-linked life insurance; 2) Consumers have not
received an insurance policy; 3) Fraudulent acts committed by insurance agents; 4) The absence of product
transparency where the agent does not provide a detailed explanation regarding the characteristics, benefits,
risks and costs; 5) Fund progress reports which do not include information regarding the overall costs charged to
the insured; 6) There is no detailed calculation regarding the nominal that will be received if the insured
terminates or redeems the policy; 7) There is no mention of investment performance as described to consumers.
These problems will of course result in losses for the insured. Of course, most of these losses are
caused by the actions of the insurer who is a life insurance company. Therefore, the life insurance company
should be responsible for the loss of the insured.
II. RESEARCHMETHODS
1. RESEARCH STAGES
This research is a normative research or library law research by examining existing library
materials(Soekanto 2014). So the first step is to search for legal materials. Both primary legal materials in the
form of statutory regulations or secondary materials which can be in the form of books, journals, or other legal
materials to conduct a literature study or legal materials obtained from field studies, namely by conducting
surveys or interviews with parties related to research, namely at the office of the Financial Services Authority.
2. PROBLEM APPROACH
The approach used in this research is the statutory approach, the case approach, the conceptual
approach, and the philosophical approach(Marzuki 2016a).
3. LEGAL MATERIALS
Legal materials that are used as objects of library research are divided into 3 (three) kinds, namely
primary legal materials, secondary legal materials(Isnaeni 2016). In connection with this research, the legal
materials that will be used are:
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1. Primary legal materials, namely binding legal materials consisting of statutory regulations, both in the
Insurance Law, KUHD, as well as implementing regulations such as:1) Code of Civil law; 2) Commercial
Code; 3) Law of the Republic of Indonesia Number 40 of 2014 concerning Insurance; 4) Law of the Republic of
Indonesia Number 8 of 1995 concerning the Capital Market; 5) Law of the Republic of Indonesia Number 15 of
2019 concerning Amendments to Law of the Republic of Indonesia Number 12 of 2011 concerning the
Establishment of Legislations; 6) Decree of the Chairman of the Capital Market and Financial Institution
Supervisory Agency Number KEP-104/BI/2006 concerning Unit Linked Products; 7) Financial Services
Authority Regulation Number 1/POJK.07/2013 concerning Consumer Protection in the Financial Services
Sector; 8) Financial Services Authority Regulation Number 23/POJK.05/2015 concerning Insurance Products
and Insurance Product Marketing; 9) Financial Services Authority Regulation Number 67/POJK.05/2016
concerning Business Licensing and Institutional Insurance Companies, Sharia Insurance Companies,
Reinsurance Companies, and Sharia Reinsurance Companies; 10) Financial Services Authority Regulation
Number 69/POJK.05/2016 concerning Business Conduct of Insurance Companies, Sharia Insurance Companies,
Reinsurance Companies, and Sharia Reinsurance Companies; 11) Financial Services Authority Regulation
Number 43/POJK.05/2019 concerning Good Corporate Governance for Insurance Companies; 12) Financial
Services Authority Circular Letter No.2/SEOJK.07/2014 concerning Services and Settlement of Consumer
Complaints to Financial Services Businesses; 13) Circular Letter of the Financial Services Authority Number
12/ SEOJK.07/2014 concerning Submission of Information in the Context of Marketing of Financial Services
Products and/or Services; 14) Financial Services Authority Circular Letter Number 13/ SEOJK.05/2016
concerning Reporting of Insurance Products for Insurance Companies.
2. Secondary legal materials are legal materials that help to provide explanations related to primary
legal materials with the aim of increasing understanding of these primary legal materials. Secondary legal
materials used in research are the result of scientific work from previous researchers or books, journals,
dissertations, and the internet (Soekanto, Soerjono; Mamudji 2006).
4. COLLECTION AND PROCESSING OF LEGAL MATERIALS
Legal material is information that has been collected through various searches according to the
approach used. After finding the laws and regulations regarding these legal issues, the next step is to search for
secondary legal materials, which can be in the form of books, journals, or online media to find theories and
concepts related to legal issues. The last search is related to legislation or secondary legal materials from the
time to find the historical history of the legal issue. After searching, the data is processed in the following way
(Soekanto 2014) :
1. The preparation of all existing data needs to be collected so that it is easy to check whether all the
required data is complete. The preparation of data must select data that are relevant to the research;
2. Data classification is an attempt to classify, classify, and select data based on certain classifications
that have been made and determined by the researcher.
5. LEGAL MATERIAL ANALYSIS
The first analysis carried out is to analyze the laws and regulations related to legal issues to obtain the
ontology and ratio legis of the provisions of these laws and regulations. If later it is found that there is a legal
vacuum, deductive reasoning will be carried out with the discovery of analogies. Therefore, there is a need for
an analysis of the theories and concepts found that are also related to the history that has to do with these legal
issues (Soekanto 2014).
The main purpose of the analysis of legal materials is to know the meanings contained by the terms
used in the laws and regulations conceptually, as well as to know their application in practice and legal
decisions. This was done through two examinations. First, the researcher tries to get a new meaning contained in
the relevant legal rules. Second, testing these legal terms in practice through analysis of legal decisions
(Soekanto 2014).
Liability in civil law can be divided into two kinds. The first is liability on the basis of default and
liability on the basis of unlawful acts. Moegni Djojodirjo declared liability on the basis of unlawful acts.
II. DISCUSSION
Accountability is not found in the Big Indonesian Dictionary, but what is found in the Big Indonesian
Dictionary is responsibility. Responsibility in the Big Indonesian Dictionary is defined as a condition of being
obliged to bear everything according to what happens when something happens to the other party(Tim Penyusun
Kamus Bahasa Indonesia 2011).
Responsibilities are divided by Martono into three parts, namely accountability, responsibility, and
liability. Responsibility in the sense of accountability is a responsibility that has to do with finance or trust.
Responsibility in the sense of responsibility is responsibility in the sense of public law. While responsibility in
the sense of liability is legal responsibility according to civil law(Martono 2007).
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Goldie distinguishes the terms responsibility and liability. Responsibility refers to duty, which is a
standard for fulfilling a social role determined by a certain legal system. While liability is used to refer to the
consequences of an error or failure to carry out an obligation or to meet a certain standard that has been
set(Goldie 1986).
Peter Mahmud Marzuki stated that the notion of responsibility in the sense of liability is defined as
accountability which is a translation of liability/aanspralijkheid and is a specific form of responsibility.
Accountability focuses more on the position of a person or legal entity that is deemed to have to pay a form of
compensation or compensation after a legal event or legal action occurs(Marzuki 2016b).
Liability in civil law can be divided into two kinds. The first is liability on the basis of default and
liability on the basis of unlawful acts. MoegniDjojodirjo declared liability on the basis of unlawful
acts.MoegniDjojodirjoassociates liability like two disputing parties because one party feels aggrieved due to an
unlawful act and requires the party causing the loss to bear the loss according to the lawsuit filed in court by the
injured party. This arises as a violation of the law as stated in Article 1365 of the Civil Code. Article 1365 of the
Civil Code states that every act violates the law that brings harm to others(Djojodirdjo 1982), with the provision
of :
a. The act that causes the loss is unlawful;
b. The loss arises as a result of the act;
c. The perpetrator is guilty;
d. The norms that are violated have the aim of avoiding losses.
Based on this article, lawsuits can be filed, including:
a. Compensation;
b. Legal statements;
c. Judge's orders or prohibitions.
Accountability consists of 4 principles, namely(Niewenhuis 1985):
a. The principle of accountability on the basis of fault;
b. The principle of accountability on the basis of the presumption of guilt;
c. The principle of transferred liability;
d. The principle of absolute liability or absolute liability.
The distinction from the principles of accountability can basically be seen in terms of procedural law in
the form of the obligation to prove, namely by looking at whether or not there is an obligation to prove and who
has to prove in the process of proof in court. In the first principle of accountability, namely the principle of
liability, the basis of error. Proof of fault must be done by the injured party. In the principle of accountability on
the basis of the presumption of guilt, the party who made a mistake is considered always guilty unless it can
prove things that can absolve him of guilt. The principle of transferred accountability requires a person to be
responsible for the actions of others or also called imputed liability(Sohofie 2011).
The principle of absolute liability that the party causing the loss regardless of whether or not there is an
error or not seeing who is at fault or in other words, this principle of liability views the fault as irrelevant to be
questioned in fact it exists or does not exist(Sohofie 2011).While J.H. Niuwenhuis divides liability into 3 (three)
groups, namely(Niewenhuis 1985):
1. Liability based on fault;
This accountability rests on two pillars, namely breaking the law and wrongdoing. The person who
causes harm to another person is responsible, as long as the loss is the result of a violation of a norm (a violation
of the law) and the perpetrator can be regretted for having violated that norm (a mistake). Liability for
wrongdoing requires the plaintiff to prove the defendant's guilt (found in the provisions of Article 1365 of the
Civil Code regarding unlawful acts).
2. Accountability with reversed burden of proof;
This concept includes sharpened accountability. The plaintiff does not need to prove that the defendant
was not careful enough, but on the contrary the defendant to avoid his liability must prove that he tried to be
careful enough so that he cannot be blamed. The concept of accountability is contained in the provisions of
Article 1367 paragraph (2) in conjunction with paragraph (5) of the Civil Code.
3. Risk accountability
Based on Article 1367 paragraph (3) of the Civil Code determines that the employer is responsible for
losses caused by his subordinates committed within the scope of his duties. Risk liability must be based on:
a. There is a relationship between subordinates and superiors. What is decisive here is the authority to
give orders (instructions) to others. This authority can arise from work agreements, but also from public law
(relationships between rulers and civil servants);
b. The liability depends on the condition that the unlawful act was carried out in the performance of
tasks by subordinates. The limitation imposed by the court is that there must be a connection between the
unlawful act and the duties of a subordinate. The employer also remains liable for unlawful acts by his
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subordinates when carrying out their duties despite the fact that the employer has expressly prohibited the act in
question or even though the act was outside of official hours;
c. Accountability of Article 1367 paragraph (3) of the Civil Code requires that there are unlawful acts
and mistakes of subordinates. Liability does not depend on a violation of norms or wrongdoing by the employer.
The aggrieved party simply clings to evidence of unlawful acts by subordinates, the existence of a superior-
subordinate relationship, and the fact that the duties of subordinates create opportunities to commit unlawful
acts.
To determine the class of liability of the insurer for the loss of the insured, it is necessary to discuss the
relationship between the insured and the insurer as business actors and consumers.
A unit-link-based life insurance agreement is a risk transfer agreement upon the death of the insured
accompanied by investment management. In order to find out whether the insured and the insurer are business
actors and consumers, it is necessary to first know the meaning of consumers and business actors themselves.
The definition of consumer according to Article 1 number 2 of Law Number 8 of 1999 concerning
Consumer Protection (hereinafter referred to as Law No. 8/1999) is every person who uses goods and/or
services available in the community, both for the benefit of himself, his family, other people, as well as other
living things and not to be traded. Based on the understanding of consumers according to Article 1 number 2 of
Law No. 8/1999, it can be understood that the subject element referred to as a consumer means anyone who has
the status of a user of goods and services. The term "person" actually raises doubts as to whether it is only an
individual person who is commonly called a natuurlijke person or is also a legal entity.
According to AZ. Nasution, the intended person is a natural person not a legal entity, because those
who use, use, and/or utilize goods and/or services for the benefit of themselves, their families, other people, or
other living creatures are not for trading only natural people or humans(Nasution 1999).On the other hand,
according to Sidharta, the most appropriate thing is not to limit the understanding of consumers to individuals,
but also to include business entities with a broader meaning than legal entities(Sidharta 2007).Another important
element that is also contained in the definition of a consumer according to Article 1 point 2 of Law No. 8/1999
that needs to be analyzed is the requirement not to be traded which indicates that he is the final consumer and at
the same time distinguishes him from intermediate consumers.
Gunawan stated that there are 3 definitions of consumers, namely(Gunawan 2000):
1. Consumers in the general sense, namely users, users, and or beneficiaries of goods and services for
certain purposes;
2. Intermediate consumers, namely users, users and or beneficiaries of goods and or services to be
produced into other goods or services to trade them for commercial purposes. Consumers are the same
as business actors;
3. End consumers, namely users, users and or beneficiaries of consumer goods and or services to meet the
needs of themselves, their families or households, and not to be re-traded(Sutedi 2008).
Article 1 number 23 of Law No. 40/2014 states that the insured is the party facing the risk as stipulated
in the insurance agreement or reinsurance agreement, while Article 1 number 22 states that the policyholder is a
party who binds himself based on an agreement with an insurance company, sharia insurance company ,
reinsurance company, or sharia reinsurance company to obtain protection or risk management for themselves,
the insured, or other participants. This internal statement means that the insured has a party who binds himself to
the insurer as the policy holder to enter into a unit-link-based life insurance agreement to use the services and
products of the insurer in the form of life insurance combined with unit-linked products. So it can be said that
the insured is a user of the services and products of the insured and can be said to be the insured consumer.
Article 1 point 3 No.8/1999 provides an understanding of business actors, namely every individual or
business entity, whether in the form of a legal entity or not a legal entity that is established and domiciled or
carries out activities within the jurisdiction of the Republic of Indonesia, either alone or jointly. - together
through agreements to carry out business activities in various economic fields.
Article 1 number 14 of Law No. 40/2014 states that insurance companies are insurance companies,
sharia insurance companies, reinsurance companies, sharia reinsurance companies, insurance brokerage
companies, reinsurance brokerage companies, and insurance appraisal companies. While life insurance is a
business that provides risk management services that provide payments to policyholders or other entitled parties
in the event that the insured dies or remains alive or other payments to policyholders, the insured, or other
entitled parties in the event that the insured dies or remains alive. life, or other payments to the insured, or other
entitled parties at a certain time as regulated in the agreement, the amount of which has been determined and/or
is based on the results of fund management. Based on the statement above, it can be stated that a life insurance
company is a business actor with a business in the field of risk management services.
Article 4 of Law No. 8/1999 states regarding consumer rights, namely:
a. The right to comfort, security, and safety in consuming goods and or services;
b. The right to choose goods and or services and to obtain such goods and or services in accordance with the
exchange rate and the promised conditions and guarantees;
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c. The right to correct, clear, and honest information regarding the conditions and guarantees of the goods and
or services used;
d. The right to have their opinions and complaints heard on the goods and/or services used;
e. The right to get advocacy, protection and efforts to resolve consumer protection disputes properly;
f. The right to receive consumer guidance and education;
g. The right to be treated or served correctly and honestly and not discriminatory;
h. The right to obtain compensation, compensation and/or replacement, if the goods and/or services received
are not in accordance with the agreement or not properly;
i. Rights regulated in the provisions of other laws and regulations.
j. Consumer obligations refer to Article 5 of Law No. 8/1999, namely:
k. Read and follow information instructions and procedures for the use or utilization of goods and/or services,
for security and safety;
l. Have good faith in making transactions for the purchase of goods and/or services;
m. Pay according to the agreed exchange rate;
n. Follow legal efforts to settle consumer protection disputes properly.
The insured who is a consumer must also get the rights as stipulated in Article 4 of Law No.8/1999 and
carry out their obligations as stipulated in Article 5 of Law No.8/1999. One of the rights of the insured is to
obtain compensation if he suffers a loss and to obtain appropriate settlement efforts, and to obtain advocacy,
clear information, and comfort on the object of unit-linked life insurance that he chooses as a means of risk
transfer and investment.
Insurers' rights as business actors refer to Article 6 of Law No. 8/1999, namely:
a. The right to receive payments in accordance with the agreement;
b. The right to obtain legal protection from the actions of consumers who have bad intentions;
c. The right to conduct proper self-defense in the legal settlement of consumer disputes;
d. The right to rehabilitate the good name if it is not legally proven that the consumer's losses are not
caused by the services traded;
e. Rights regulated in the provisions of other laws and regulations.
f. The obligations of business actors refer to Article 7 of Law No. 8/1999, namely:
g. Have good intentions in carrying out their business activities;
h. Provide true, clear, and honest information regarding the benefits and warranties of the products
offered;
i. Treat and serve consumers honestly and non-discriminatory;
j. Provide compensation, compensation, or compensation for losses suffered by consumers;
k. Provide compensation, compensation, and/or replacement if the goods and/or services received or
utilized are not in accordance with the agreement.
The rights for business actors that need to be emphasized are related to the rights owned by business
actors to obtain legal protection from consumer actions with bad intentions. If it is implemented in a life
insurance agreement, the insurer as a business actor can refuse to carry out his obligation to pay the sum insured
if it is known that the insured does not have good intentions. However, good faith is not only owned by the
insured but also the insurer as a business actor by way of the insurer must explain completely and correctly to
the insured regarding the condition of the object of insurance. The obligation of business actors that must also be
carried out by the insurer is regarding the provision of compensation if the insured suffers a loss.
Article 8 of Law No. 8/1999 states that the actions that are prohibited from being carried out by
business actors include:
a. Trading goods/services that are not in accordance with the standards in the applicable laws and
regulations;
b. Trading in goods/services that are not in accordance with the promises stated in the information,
advertisements and promotions;
c. Offer, promote, advertise that is not true;
d. Offer, promote, advertise misleading;
e. Offering goods/services by coercion or other means that can cause physical and psychological
disturbances to consumers.
f. Producing advertisements that deceive consumers
Insurers as business actors are also certainly not allowed to do prohibited acts, and carry out obligations
and can get their rights as regulated by Law No. 8/1999. Another one that is also related to Law No. 8/1999 is
related to the inclusion of an exoneration clause in unit-linked life insurance agreements. This is because the
unit-link-based life insurance agreement is a standard agreement so that the clauses contained in the unit-link-
based life insurance agreement are standard agreements.
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Article 1 number 10 of Law No. 8/1999 formulates the definition of standard as the rules or provisions
and conditions stipulated by business actors in the agreement, binding and providing obligations to be carried
out by consumers. A unit-link-based life insurance agreement, which is also a standard agreement, of course
also contains clauses made unilaterally by the insurer or referred to as a standard agreement.
The clauses made unilaterally based on the explanation above will certainly not cause problems if the
clauses are not burdensome. The clauses that are considered burdensome are known as exoneration clauses,
which are translated by Mariam DarusBadrulzaman from the term exoneratie clause used in Dutch. Exoneration
is a noun from the verb to exonerate which means to free or to clear. So actually to exonerate has the same
meaning as to exemp whose noun exemption is used in the term exemption clause. However, it turns out that the
term exoneration clause has not been found in English literature. So what is meant by the exoneration clause
according to Mariam DarusBadrulzaman is the responsibility of the creditor(Badrulzaman 1981).
Kumar gives a definition of exclusion clause asclause of a contract which purports to protect the
proferens absolutely or in a limited manner against liability for breach of contract, or damages, or exclude his
liability if the action is brought after the stipulated time(Kumar 1986). Kumar's definition of exclusion clause is
a clause that protects a party in absolute or limited way from liability for breach of the agreement, or loss, or
excludes its obligations if the action is taken after the specified time.
David Yates deliberately prefers the term exclusion clause to an exemption clause and gives the
meaning of an exemption clause as any term in a contract restricting, excluding or modifying a remedy or a
liability arising out of a breach of a contractual obligation(Yates 1982). Thus, David Yates provides an
understanding that an exclusion clause is a clause that limits, excludes, or modifies legal remedies or obligations
arising from breaches of contractual obligations.Banes provides a definition of exculpatory clause as a provision
in a contract that attempts to relieve one party to the contract form liability for the consequences of his or her
own negligence(Banes 1987). Based on the Banes understanding, Banes states an exculpatory clause as a
provision in an agreement that tries to free one of the parties to the agreement from responsibility for the
consequences of his own negligence.
Sutan Remy Sjahdeini concluded regarding the exclusion clause as a clause that aims to release or limit
the responsibility of one party to the claim of the other party in the event that the person concerned does not or
does not properly carry out his obligations specified in the agreement(Sjahdeini 2009).These clauses can appear
in various forms. This clause can be completely freed from the responsibility that must be borne by his party in
the event of a breach of promise. There can also be a time limit for the aggrieved person to be able to file a
lawsuit or compensation. In the latter case, the time limit is often shorter than the time limit determined by law
for a person to be able to file a claim or compensation. The exception to this clause is the force majeure clause
which is justified by law(Sjahdeini 2009). The regulation regarding this burdensome clause is also contained in
Law No. 8/1999.
Article 18 of Law No. 8/1999 which contains a limitative provision that business actors in offering
goods and/or services intended for trading are prohibited from making or including standard clauses in every
document and/or agreement where the standard clause results in:
a. Transfer of responsibilities of business actors;
b. To state that business actors have the right to refuse to return goods purchased by consumers;
c. To declare that business actors have the right to refuse to return the money paid for goods and/or
services purchased by consumers;
d. To declare the power of attorney from consumers to business actors, either directly or indirectly, to
take all unilateral actions related to goods purchased by consumers in installments;
e. Regulates the matter of proving the loss of the use of goods or the use of services purchased by
consumers;
f. Give rights to business actors to reduce the benefits of services or reduce the assets of consumers
who are the object of buying and selling services;
g. To declare that consumers are subject to regulations in the form of new, additional, continued, and/or
follow-up changes made unilaterally by business actors while consumers are using the services they
have purchased;
h. Stating that the consumer authorizes the business actor to impose mortgage, lien, or guarantee rights
on goods purchased by consumers in installments.
Article 18 paragraph 2 of Law No. 8/1999 contains a limitative provision that prohibits business actors
from including standard clauses whose outlines or forms are difficult to see or cannot be read clearly, or whose
disclosures are difficult to understand. Based on the explanation of Article 18 paragraph 2 of Law No. 8/1999
above, it can be understood that the term and definition of the standard clause is not the same as the meaning of
the exoneration clause. This means that standard clauses are clauses that are made or included unilaterally in an
agreement by business actors, but their contents may not lead to an exoneration clause. So, the standard clause
emphasizes the procedure for making or including it unilaterally in the agreement, not on the content of the
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agreement, while the exoneration clause does not only emphasize the procedure for making or including it in the
contract, but also its contents aimed at transferring the obligations or responsibilities of business actors.
Strictly speaking, Article 18 paragraph 3 of Law No. 8/1999 contains provisions for sanctions that any
standard clause that has been set by business actors in documents or agreements containing provisions
prohibited in Article 18 paragraph 1 and paragraph 2 of Law No. 8/1999 is null and void when viewed from the
law of the agreement. The substance of Article 18 paragraph 3 of Law No. 8/1999 reflects the reaffirmation of
the principle of freedom of contract as regulated in Article 1320 in conjunction with Article 1337 of the Civil
Code. The juridical consequence is that any agreement that contains a standard clause which is prohibited by
Article 18 paragraph 1 of Law No. 8/1999 or which has a prohibited form or format based on Article 18
paragraph 2 of Law No. 18/1999 is considered to have never existed and is not binding on the parties. namely
business actors and consumers who make commercial agreements for these goods and/or services. Therefore,
business actors are obliged to adjust these provisions by changing the contents of the clauses deemed
detrimental to one party by limiting the implementation of the obligations of the other party, especially the party
making the agreement.Article 18 of Law No. 8/1999 states that the submission of consumers to regulations in
the form of new, additional, continued, and/or follow-up changes made unilaterally by business actors when
consumers use the services they buy is also an exoneration clause.
Liability based on unlawful acts as stated by Article 1365 of the Civil Code when associated with Law
No.8/1999 states that the exoneration clause is a clause that can be canceled because it is contrary to Article 18
of Law No.8/1999 regarding the inclusion of standard clauses which are considered detrimental to insured.
III. CONCLUSION
Insured losses associated with life insurance companies are mostly related to the inclusion of the exoneration
clause contained in the agreement. In addition, losses can also occur due to the actions of the life insurance
company. The inclusion of this exoneration clause of course violates the rules regarding consumer protection so
that it meets the criteria as a violation of the law and has the impact of liability from the life insurance company
to the insured.
IV. SUGGESTIONS
The authority of the financial services authority in this case should be emphasized even more before the
unit-link-based life insurance agreement is used in the market so that the insured's loss can be avoided.But if the
loss has occurred, the insured can file a lawsuit against the law.
REFERENCES
Legislation:
[1] Indonesia Commercial Code
[2] Indonesia Civil Code
[3] Law Number 40 of 2014 Concerning Insurance
[4] Law of the Republic of Indonesia Number 40 of 2014 concerning Insurance;
[5] Law of the Republic of Indonesia Number 8 of 1995 concerning the Capital Market;
[6] Law of the Republic of Indonesia Number 15 of 2019 concerning Amendments to Law of the Republic
of Indonesia Number 12 of 2011 concerning the Establishment of Legislations;
[7] Decree of the Chairman of the Capital Market and Financial Institution Supervisory Agency Number
KEP-104/BI/2006 concerning Unit Linked Products;
[8] Financial Services Authority Regulation Number 1/POJK.07/2013 concerning Consumer Protection in
the Financial Services Sector;
[9] Financial Services Authority Regulation Number 23/POJK.05/2015 concerning Insurance Products and
Insurance Product Marketing;
[10] Financial Services Authority Regulation Number 67/POJK.05/2016 concerning Business Licensing and
Institutional Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia
Reinsurance Companies;
[11] Financial Services Authority Regulation Number 69/POJK.05/2016 concerning Business Conduct of
Insurance Companies, Sharia Insurance Companies, Reinsurance Companies, and Sharia Reinsurance
Companies;
[12] Financial Services Authority Regulation Number 43/POJK.05/2019 concerning Good Corporate
Governance for Insurance Companies;
[13] Financial Services Authority Circular Letter No.2/SEOJK.07/2014 concerning Services and Settlement
of Consumer Complaints to Financial Services Businesses;
[14] Circular Letter of the Financial Services Authority Number 12/ SEOJK.07/2014 concerning
Submission of Information in the Context of Marketing of Financial Services Products and/or Services;
[15] Financial Services Authority Circular Letter Number 13/ SEOJK.05/2016 concerning Reporting of
Insurance Products for Insurance Companies.
9. 2022
American Journal of Humanities and Social Sciences Research (AJHSSR) 2022
A J H S S R J o u r n a l P a g e | 158
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