Tinjauan Hukum Asuransi Syariah Berbasis Investasi dalam Hal Evenement
Abstract
Kata Kunci : Legal Protection, Investment, Sharia Insurance
Abstract:
This study discusses the Insurance in article 1774 of the Criminal Code said that insurance is a chancy agreement, equated with gambling. While the Indonesian majority Muslim nation, in Islamic law or sharia gambling, is an act that is forbidden. Proved in practice, the insured in the insurance agreement is obliged to pay premiums and the insured is obliged to pay a sum of sum assured or compensation to the insured if there is an event (an uncertain event) as stipulated in article 246 of the KUHD. The insured has paid the premium every month until the insurance agreement expires as agreed, but the event does not occur, the premium that has been paid is not returned to the insured, the insurer takes the premium without paying compensation to the insured on the grounds that the event does not occur. The results of this study are expected to contribute ideas about legal protection to the insured for premiums that have been paid. This research proposal was used 2 (two) problem solving approaches, namely the statutory approach and the conceptual approach, the statute approach aimed at analyzing the form and substance of legislation related to insurance. In addition, this study also contributed to the concept of sharia-based insurance in national positive law. Besides that, another important urgency is: For the Government, it is expected to provide guidelines for developing insurance policies in order to provide legal protection for the community as insured in the insurance agreement, giving birth to the concept of academic concepts in the drafting of insurance laws to date. still referring to the KUHD (WvK) which is a product of the Dutch colonial government. Academics, contribute ideas and insights about the importance of legal protection against the insured or the community in insurance agreements and sharia-based insurance concepts in national positive law. For the community, especially the insured in the insurance agreement so that they are protected by Islamic law or the concept of sharia and in order to obtain legal certainty when the concept of sharia is regulated in writing in positive law.
Daftar Pustaka
A. Abbas Salim, Dasar dasar Asuransi, Raja Grafindo Persada, Jakarta, 1995
Abdul aziz dahlan dkk, ensiklopedi Hukum Islam, Ictiar Baru Van Hoeve, Jakarta 1996
Abdul Ghafar Anshori, Asuransi Syariah di Indonesia, UII Press Yogyakarta, 2007
Abdul Kadir Muhamad, Hukum Asuransi Indonesia, Citra Aditya Bakti, Cetkan kelima, Bandung 2011.
Keywords
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PDFDOI: http://dx.doi.org/10.46839/lljih.v5i1.124
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