ANALISIS KEBIJAKAN PROGRAM RESTRUKTURISASI POLIS PT ASURANSI JIWASRAYA (PERSERO) DITINJAU DARI ASPEK PERJANJIAN (STUDI KASUS: PUTUSAN PENGADILAN NEGERI JAKARTA PUSAT NOMOR 09/PDT.G.S/2021/PN.JKT.PST)

Abstract

Since 2018, PT Asuransi Jiwasraya (Persero) has delayed payment of claims due to financial
dif iculties. The financial condition that kept getting worse brought the oldest insurance company
in Indonesia to default. In order to overcome the default, Jiwasraya conducted a Policy
Restructuring Program. This Policy Restructuring Program basically reduces the insureds’ policy
value. The problems raised in this research are how the legal review of the Policy Restructuring
Program of PT Asuransi Jiwasraya (Persero) based on the agreement and how the legal protection
for the insured and/or policyholders who feel aggrieved due to the Policy Restructuring Program
of PT Asuransi Jiwasraya (Persero). Meanwhile, this research is a type of normative legal
research that is descriptive analytical based on secondary data collected and analyzed through
library research. The results of this study indicate that the Policy Restructuring Program is a debt
or liability restructuring which in its implementation violates the principles of agreement in the
Civil Code, Commercial Code, and General Policy Conditions. Legal protection for customers
who feel aggrieved due to the Policy Restructuring Program is regulated in the Consumer
Protection Act and POJK 1/2013. Suggestions for the Financial Services Authority to make
regulations that strictly stipulate that debt or liability restructuring in insurance companies must
be based on the agreement of both parties in accordance with the principle of agreement, while for
PT Asuransi Jiwasraya (Persero) to eliminate discriminatory treatment against customers who
participate and do not participate the Policy Restructuring Program.