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The Characteristics of Non Litigation Resolution for Life Insurance Lawsuit in Indonesia

Author

Listed:
  • Mokhamad HUDA

    (Hang Tuah University Faculty of Law Surabaya Indonesia)

  • Agus HERNOKO

    (Airlangga University Faculty of Law Surabaya Indonesia)

  • Ridwan KHAIRANDY

    (Islamic University of Indonesia Faculty of Law Yogyakarta Indonesia)

Abstract

This study analyzed the characteristics of non litigation resolution for life insurance lawsuit in Indonesia The result found that the non litigation solution for life insurance lawsuit in Indonesia must be through Department of Mediation and Arbitration of Insurance in Indonesia known as BMAI When the mediation as the legal action from a costumer was objected the lawsuit would proceed to the adjudication When the customer won on this adjudication level the insurance company was then obligated to do some payment as mentioned on the insurance policy Furthermore when the legal action of a customer was objected the customer was then free to do an arbitrage legal action The arbitration was final and had fixed legal power Thus any appeal cassation or judicial review could not be held The solution for life insurance lawsuit through BMAI has several characteristics such as quick in procedures dynamic innovative cheap and low budget In addition the dispute solution through BMAI is confidential quick in time and supported by some experts on related types of lawsuit thus it may result in fair judgment

Suggested Citation

  • Mokhamad HUDA & Agus HERNOKO & Ridwan KHAIRANDY, 2017. "The Characteristics of Non Litigation Resolution for Life Insurance Lawsuit in Indonesia," Journal of Advanced Research in Law and Economics, ASERS Publishing, vol. 8(8), pages 2419-2424.
    • Handle: RePEc:srs:jarle0:v:8:y:2017:i:8:p:2419-2424
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