Manuscript Title:

THE ROLE OF THE POLICE IN JASA RAHARJA INSURANCE CLAIMS FOR VICTIMS OF RESTORATIVE TRAFFIC ACCIDENTS

Author:

EVA GUNA PANDIA, BUDI SANTOSO, SITI MAHMUDAH

DOI Number:

DOI:10.5281/zenodo.10203314

Published : 2023-11-23

About the author(s)

1. EVA GUNA PANDIA - Doctor of Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. BUDI SANTOSO - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. SITI MAHMUDAH - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

The role of the police in Jasa Raharja insurance claims for victims of restorative traffic accidents. The purpose of this study is to analyze: 1) What is the responsibility of PT Jasa Raharja (Persero) if the victim has a legal relationship with another Insurance Company in the same case? 2) What is the role of the police in claiming Jasa Raharja insurance for victims of restorative traffic accidents?. The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The relationship of Other Insurance Companies with PT Jasa Raharja (Persero) in relation to victims and / or heirs of victims will be traced first from, provisions: the basis of the Agreement or engagement, namely Article 1313 of the Civil Code. However, in this connection there is no relationship of cooperation agreement between each insurance company in relation to insurance or coverage regarding the same traffic accident on the road. All insurance companies in Indonesia have their own Articles of Association (AD) and Bylaws (ART). If the Company is private, then they are subject to the provisions of the Meeting of Shareholders as stated in AD / ART. Meanwhile, if this Insurance Company is a State-Owned Enterprise BUMN, in addition to being subject to AD / ART is also subject to the majority shareholder, namely the Government where the executor is the Minister of Finance of the Republic of Indonesia. 2) The police have the authority to produce accident minutes as the basis for insurance claims, where the purpose is to assist victims in the event of insurance claims. Because the purpose of law enforcement carried out by the Police is in the form of returning rights from victims by enforcing the law fairly. This includes providing convenience to the community in solving the problem of traffic accident crimes.


Keywords

Role, Police, Claims, Insurance, Jasa Raharja, Victim, Traffic Accident, Restorative.