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Full-Text Articles in Law
Status Quo Kewenangan Perusahaan Asuransi Dalam Menerbitkan Produk Penjaminan Pasca Berlaku Efektifnya Undang-Undang No. 1 Tahun 2016 Tentang Penjaminan, Kalih Krisnareindra
Status Quo Kewenangan Perusahaan Asuransi Dalam Menerbitkan Produk Penjaminan Pasca Berlaku Efektifnya Undang-Undang No. 1 Tahun 2016 Tentang Penjaminan, Kalih Krisnareindra
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Risk is something that is always exist in various type of business. Risk management commonly used the assistance of insurance companies to manage its risk by risk transfer. The current prevailing law allows the insurance industry to develop its products wider than the explicitly defined business lines in the regulation. Historically, the guarantee/surety business has been marketed jointly between insurance companies and guarantee/surety companies. This can be traced through laws and regulations that provide the authority to both type of companies to issue guarantee/surety products. But with the enactment of Law No. 1 of 2016 concerning Guarantees, there is an …
Pertanggungjawaban Otoritas Jasa Keuangan Terhadap Kasus Gagal Bayar Perusahaan Asuransi, Tumbur Halomoan
Pertanggungjawaban Otoritas Jasa Keuangan Terhadap Kasus Gagal Bayar Perusahaan Asuransi, Tumbur Halomoan
"Dharmasisya” Jurnal Program Magister Hukum FHUI
The development of the financial industry accompanied by close supervision in order to maintain stability in the financial industry. Financial Services Authority is an independent institution have special authority by the Law to overseen the financial industry. The financial industry is divided into two parts first the bank financial industry and the non-bank financial industry. One non-bank financial industry that is overseen by OJK. OJK in overseeing insurance is quite large starting from the granting of a company establishment license to the company's activities which are reported regularly by the insurance company. OJK not necessarily make the insurance industry run …
Status Quo Kewenangan Perusahaan Asuransi Dalam Menerbitkan Produk Penjaminan Pasca Berlaku Efektifnya Undang-Undang No. 1 Tahun 2016 Tentang Penjaminan, Kalih Krisnareindra
Status Quo Kewenangan Perusahaan Asuransi Dalam Menerbitkan Produk Penjaminan Pasca Berlaku Efektifnya Undang-Undang No. 1 Tahun 2016 Tentang Penjaminan, Kalih Krisnareindra
"Dharmasisya” Jurnal Program Magister Hukum FHUI
Risk is something that is always exist in various type of business. Risk management commonly used the assistance of insurance companies to manage its risk by risk transfer. The current prevailing law allows the insurance industry to develop its products wider than the explicitly defined business lines in the regulation. Historically, the guarantee/surety business has been marketed jointly between insurance companies and guarantee/surety companies. This can be traced through laws and regulations that provide the authority to both type of companies to issue guarantee/surety products. But with the enactment of Law No. 1 of 2016 concerning Guarantees, there is an …
Penerapan Prinsip Kontribusi Dan Prinsip Subrogasi Dalam Asuransi Pengangkutan Laut (Studi Kasus Pt. Asuransi Axa Indonesia Dengan Pt. Asuransi Buana Independent), Luthfiana Arumsari
Penerapan Prinsip Kontribusi Dan Prinsip Subrogasi Dalam Asuransi Pengangkutan Laut (Studi Kasus Pt. Asuransi Axa Indonesia Dengan Pt. Asuransi Buana Independent), Luthfiana Arumsari
"Dharmasisya” Jurnal Program Magister Hukum FHUI
In insurance, for the same object can be insured to more than 1 (one) insurance company, which means it is possible for an insured to receive profits from 2 (two) or more insurers, to avoid this, in the insurance law in Indonesia known indemnity principle , which serves to avoid the benefits received by the insured that exceeds the losses suffered. The author conducted research at PT. AXA Insurance Indonesia (hereinafter referred to as PT. AXA) and PT. Buana Independent Insurance (hereinafter referred to as PT. ABI), each of which is an Insurance company that has equally guaranteed a cargo …
Cyber Insurance Today: Saving It Before It Needs Saving, Angela Nieves
Cyber Insurance Today: Saving It Before It Needs Saving, Angela Nieves
Catholic University Journal of Law and Technology
Cyber insurance, which covers a company’s losses and costs stemming from a cyberattack, represents a nearly $5 billion global market. But have stakeholders shaped a sustainable model? This article analyzes contrasting claims about the viability of cyber insurance. It proposes measures to ensure the survival of the cyber insurance market, which should be immediately addressed given the current state of the world and the fact that even pre-COVID-19, businesses worldwide stood to lose over $5.2 trillion over the next five years due to cybercrimes. Unless action is taken to mitigate the fallout from cyber events, the cyber insurance market will …
Kidnappers Without Borders: An Epidemic In Need Of Global Solutions, Caroline Gray Mcglamry
Kidnappers Without Borders: An Epidemic In Need Of Global Solutions, Caroline Gray Mcglamry
Georgia Journal of International & Comparative Law
No abstract provided.
When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells
When "Yes" Means "No": Mccarran-Ferguson, The New York Convention, And The Limits Of Congressional Assent, Aaron L. Wells
Pepperdine Dispute Resolution Law Journal
The article focuses on the awards and arbitration of the resolution of the international commercial disputes with respect to the cross-border contracts and agreements. The enactment of the McCarran-Ferguson Act of the U.S. was for the prevention of the general applicability of the federal legislation in the authority of the states for the purpose of regulating the insurance industry. Information on the decision of the Supreme Court of the U.S. regarding this issue is also presented.
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh
Northwestern Journal of International Law & Business
American law requires an insurable interest—a pecuniary or affective stake in the subject of an insurance policy—as a predicate to properly obtaining insurance. In theory, the rule prevents both wagering on individual lives and moral hazard. In practice, the doctrine is avoided by complex insurance transaction structuring to effectuate both origination and transfers of insurance by individuals without an insurable interest. This paper argues that it is time to abandon the insurable interest doctrine. As both the English and Australian experiences indicate, elimination of the insurable interest doctrine will have little detrimental pecuniary effect on the insurance industry, while freeing …
Analysis Of The Hamburg Rules On Marine Cargo Insurance And Liability Insurance, Eun Sup Lee
Analysis Of The Hamburg Rules On Marine Cargo Insurance And Liability Insurance, Eun Sup Lee
ILSA Journal of International & Comparative Law
There has been an increasing interest on the effects of the United Nations Convention on the Carriage of Goods by Sea (Hamburg Rules) on the double insurance problem which arises whenever a proposal to modify a carrier's liability regime is under discussion.