SUBMISSION OF DEBT PAYMENT OBLIGATION WITH INSURANCE COMPANIES THAT HAVE CERTAINTY OF LEGAL CERTAINTY

Abstract

The authority to apply for PKPU to insurance companies is absolutely given to OJK in accordance with laws and regulations, aiming to build a level of public trust in insurance companies as a risk management institution that manages public funds. The PKPU application process for an insurance company can be submitted by a customer by submitting a PKPU application to the OJK, so that the OJK submits the PKPU application to the Commercial Court. OJK was given 30 (thirty) days to accept or reject the PKPU application. If OJK does not stipulate and/or make a decision, then the application is considered legally granted (fictional positive). The form of a positive fictitious determination is regulated in a Presidential Regulation. However, until now the Presidential Regulation has not existed, giving rise to legal uncertainty. The legal protection for PKPU applications for insurance companies can be seen through 2 means, namely: 1). As a preventive facility, the government through the OJK has a high responsibility as a guarantor for the interests of all parties involved in maintaining the insurance business, to maintain trust in the public, especially customers of insurance companies and guarantee and actively participate in protecting customers rights in relation to their civil rights. 2). Repressive means, namely the prosecution of the rights of customers through a litigation process, including PKPU applications that cannot be submitted directly by the customer as a creditor, but must be submitted to the OJK, considering that insurance companies do not only protect customer funds, some third party funds.