TINJAUAN TENTANG KEKUATAN HUKUM POLIS ELEKTRONIK DALAM PERJANJIAN MENURUT KITAB UNDANG-UNDANG HUKUM DAGANG (KUHD) DAN UNDANG-UNDANG 40 TAHUN 2014 TENTANG PERASURANSIAN

Abstract

Overview of the Legal Power of Electronic Policies in the Commercial Code Agreement and Law 40 of
2014 concerning Insurance, resulting in the public having to prepare for the emergence of online-based
insurance. According to Law 40 of 2014 concerning Insurance, in the era of technological growth there is
still no regulation that clearly handles the electronic policy problem. So that people are still confused,
based on Article 1320 of the Civil Code, e-policy as a form of agreement generally has fulfilled the legal
requirements of the agreement based on Article 1320 of the Civil Code. However, as a form of e-policy
agreement, it is also regulated in the Commercial Code. Meanwhile, based on Article 255 of the
Commercial Code, the coverage must be in writing with a deed, which is given the name of the policy. So
that the e-policy can be interpreted as not fulfilling the requirements for the validity of the fourth
agreement, namely a lawful cause because e-policy is contrary to the Commercial Code which is
equivalent to the Act. So that the insurance agreement can be interpreted as not meeting the objective
requirements of an agreement, the agreement is null and void. Furthermore, the research method is for
academic purposes, the research method contains a description of the nature of the research, the methods
used to research, the data collection tools used in researching, research interviews and the types of data to
be obtained.