Definiton of Insurance Part 2

• Insurance that threatens agricultural yields paddy fieldsInsurance-threatening agricultural yields paddy fields is to replace the loss of farmers on matters relating to agriculture or to protect farmers against crop failure.Sample case:If farmers make insurance crop failures so if this year farmers threatened by the occurrence of crop failure due to pests or a bad season (dry season), then the insurance company will replace the losses suffered by farmers in accordance with the agreement that has been determined, however, if farmers this year will not experience crop failure then the farmers will not get anything from the insurance company.• Life insuranceLife insurance provides services in penanggulan risks associated with the life or death of an insured person and the nature of long-term (long term).Sample case:1. when a person buys life insurance with a term of 5 years with 100 million sum he must pay a premium determined by the insurance company (eg, 500 thousand rupiah) per year, meaning that if accountability dies during the term of the contract above, the heirs or person appointed will receive the money from the insurance company amounted to 100 million, but, if the liability of life until the end of the agreement then he will not gain anything.2. When I was diagnosed with a critical illness, the insurance company will pay money for my medical expenses. Types of critical illness insurance is different for each company, but the public was such as stroke, heart disease etc.• Insurance in the oceans and slavery Insurance dilautan is to replace losses in the implementation of shipping by sea is full of danger at sea.Sample case:Dangers during transport, eg fire dipelabuhan that the ship and cargo.The danger that threatens the objects of insurance are sourced from nature (storms, big waves, wind rain, thick fog, and also derived from human such as piracy pirate rebellion crew should something so then the insurance company will indemnify in accordance with the agreements it has set. Insurance slavery is: To protect the prospective workers who work abroad are often the victims of trafficking in persons among them were sold mainly women or died while working in a migrant worker.Sample case:For example there are a number of Indonesian workers (TKI) work in Malaysia for 3 years. At work Being a migrant worker, the person had an accident at work that died in Malaysia. Because the person is an insurance member slavery then kin (spouse and children or heirs) are entitled to insurance in the form of money that has been determined by the insurance will be given to the heirs.• Insurance land transportation and rivers and the waters pedalamamThat is to minimalyzing damage or loss of the cargo transported therein. Guarantee any damage or loss caused by a risk and since the goods leave the warehouse until the warehouse of interest both from land transportation, waters (rivers and lakes).Sample case:Eg land transport accident on the trip so that the goods are transported suffered severe damage then the insurance company will replace the losses suffered by the land transport in accordance with the Promised predetermined.In the development of many different types of insurance that are not found in KUHD can be encountered in practice in insurance. According H.Gunanto, insurance is classified into:1. Insurance lossesConsisting of insurance for property (property), financial interests (pecuniary), liability (liability) and self-insurance (accident or health)2. Life insuranceThose dealing with the death of the insured in the insurance period or remain alive until the end of the insurance period. Providing money at the time of death of the insured for funeral expenses and to continue the income for his heir.According to the first set whether or not the amount of money to be paid the insurance can be divided into:1. Loss insurance is to replace the losses incurred, the amount is not fixed in advance.2. Insurance sum of money is to pay an amount of money that the amount has been determined from the outset. This applies to life accident insurance and accident insurance people.According to the duration of insurance can be classified into:• Short-term Insurance• Long-term InsuranceLife insurance is generally a long-term insurance. Insurance is short-term insurance.According to the object, the insurance can be classified into:• insurance is to replace the losses incurred in question dengn someone to ensure its survival in case of an accident waktum such as life insurance.• Insurance of goods to replace the loss in question happened with valuables owned insurance eg the transport of goods.The form and content of insurance agreementInsurance or a mutual agreement, in the sense of an agreement, in which the two sides each have an obligation worth, which the party responsible has an obligation to pay the premium, the amount determined by the insurer, while the insurer has a duty to indemnify suffered by the insured.Under the terms of section 255 of the Commercial code specified that all insurance or to be established in writing with a fact which called the policy. The insurance policy is the content of the insurance agreement. In Article 256 KUHD determined that the policy contents for insurance or in all cases except life insurance should include:1. Today the formation of insurance2. The name of the insured as pihal which approved the formation of insurance, that is, on his own or at the expense of others.3. Mentioning enough in light of the thing or object that is guaranteed.4. The amount of money, for which the collateral held (insurance money)5. The dangers incurred by the insurer.6. Start and end of the grace period in which the collateral held by the insurer.7. Money premiums to be paid by the insured8. In general, all the things that need to be known by the insurer, as well as all the specific promises that were held between the two sides.Article 258 states KUHD to prove the closure of the agreement, necessary pembutiktian with the words, however, so-so Isia-stuffing proofing tool used as well, when there is already the beginning of proof by writing. It can be concluded that the policy is not a thing mutlah in an insurance, but only a means of proving the existence of such insurance.

Definition of Insurance

Insurance is an agreement by which a person is binding to the insured to receive a premium, to provide reimbursement to him for a loss, damage or loss of expected benefits that may be suffered due to an event that is not certain.Law No. 2 of 1992 on insurance companies that have been promulgated on 11 February 1992 provides a definition of insurance as insurance or coverage is an agreement between two or more parties, with which the party is binding to, by receiving insurance premium, to provide replacement to the insured because they loss, damage or loss of expected benefits or legal liability to third parties which may be suffered by the insured, arising from an uncertain occurrence, or provide a payment based on death or life of an insured person.Basic and insurance elementThe basis of an insurance agreement is to circumvent a risk by handing / membebankanya to others. Juridical elements of an insurance are:1. The insured party (the party whose interests are insured)2. The existence of the insurer (the insurance company will pay compensation guarantees)3. The existence of the insurance agreement (between the insurer and the insured)4. The presence of premium payment (by the insured to the insurer)5. The existence of loss, damage, or loss of profits (suffered by the insured).6. The existence of an occurrence of uncertain eventsPrinciple of InsuranceAccording to the Code of Commerce which is a basic principle of insurance or coverage is as follows:1. Principle of interest to insured (Insurable Interest)The principle of insurable interest or the insured is contained in the provisions of Article 250 KUHD which basically determines that in order for an agreement can be implemented, then the object is insured shall constitute an insurable interest (insurable interest), which is of interest that can be valued in money. In other words, according to this principle one may insure the goods if the person concerned has an interest in the goods insured.2. The principle of greater openness (Utmost Good Faith)The principle of openness (utmost good faith) is contained in the provisions of Article 251 KUHD which basically stated that the new insurance coverage valid if the closure is based on good faith.3. The principle of indemnity (Indemnity)The principle of indemnity contained in the provisions of Article 252 and Article 253 KUHD. According to the principle of indemnity that were the basis for the restitution of the insurer to the insured is equal to the actual loss suffered by the insured is equal to the actual loss suffered by the insured in the sense of unjustified profit from insurance compensation. In other words, the core of the principle idemnitas is balanced, which is balanced between the losses actually suffered by the insured to replace the number of losses. In connection with this, the principle of compensation applies only to insurers whose interests can be valued in money, yakitu insurance.In KUHD allowed the occurrence of multiple insurance, all insurance is done in good faith. But the good faith is not described further in KUHD.4. Principle of SubrogationSubrogation is the substitution position of the insured by the insurer that has paid compensation, in implementing the rights of the insured to the third party that may lead to losses. The principle of subrogation is contained in the provisions of Article 284 KUHD which basically stipulates that if the insured has been reimbursed on the basis of other principles, although obviously there are other parties are also responsible for the losses suffered. Replacement of the other party must be submitted to the insurer who has indemnified in question.But there is the possibility of the loss suffered by the insured are not replaced entirely by the insurer. If Article 284 KUHD carried out strictly the cause injustice to the insured for losing the right to sue for damages to third parties. To resolve the problem, then it should be applied according to Emmy Simanjuntak subrogation is limited.5. The Principle of Cause and Effect (Proximate Cause)With the closing of the insurance agreement, the insurer's liability to provide compensation for insured losses. For it must be determined whether the events that cause losses are covered by the insurer. In other words, should be reviewed with regard to the events of the losses incurred. If the loss is caused by events that do not include the cause of the loss recognized in insurance, the insurer released from its obligations.6. Principle of Mutual-HelpThis principle means solving problems arising done by together.Type and Classification of InsuranceArticle 247 specifies KUHD insurance in five types:• Fire InsuranceFire insurance is all kinds of goods can be insured, what is important is the items in the house you should note or declare in writing in the policy.Sample case:When someone buys fire insurance policy for a family house he would pay the money (premiums) that have been determined by the insurance company, at the same time the insurance company will bear the financial risk in case of fire on the dwelling house.For example andi is a private employee in a company located in the golden triangle area in Jakarta. Andi already married and blessed with two children who are toddlers funny. This incident was not unexpected advent. The fire occurred in one night before the morning, where the family Andi was soundly asleep. Because the house with each other then the flame huddled together very quickly spread to almost all the houses in the vicinity. In a short time, over 20 houses burned down, including Andi homes and families. Because he had bought fire insurance policy then the insurance company will bear the financial risk of a house fire andi.1. FIRE caused by inadvertent or fault insured or other party, or causes another fire to the extent not excluded in the policy, caused by:The spread of fire or heat that builds itself or because of the nature of the goods themselves; short-circuit; fires since other objects around the fire with a fire conditions other objects are not the result of an excluded risk Polis; including loss or damage as a result of water or other tools that are used to hold or extinguish fires and or dimusnahkannya all or part of property and or interest insured at the behest of the authorities in efforts to prevent spreading of the fire.2. LIGHTNINGDamages directly caused by lightning. Especially for electrical machinery, electrical and electronic equipment and electrical installations, the loss or damage is guaranteed by this policy where the lightning caused the fire in objects intended.3. EXPLOSIONderived from the insured property, the notion of an explosion under this Policy is any release of energy suddenly caused by the expansion of gas or vapor.With conditions against the risk of explosion if the insured is also covered with other types of special policy for the Insurers only cover the remainder kerugiandari amount that should be paid by the policyholder other types when the policy is considered as if it did not exist.4. THE FALL OF AIRCRAFTFall of aircraft that are guaranteed in this policy is a physical clash between the aircraft including helicopter or anything that fell from him with property and or interest insured or the building that contains the property and or interest insured.5. ASAPoriginating from fire property insured in this Policy or any other policy that runs a series with this policy for the benefit of the same insured.

Definition of Insurance Part 2