The Principle of Utmost Good Faith in Insurance Following the Decision of the Constitutional Court of the Republic of Indonesia Number 83/PUU-XXII/2024

The principle of utmost good faith is the primary foundation of insurance contracts, requiring transparency between the insurer and the insured. This principle ensures contractual fairness by requiring both parties not to conceal material facts that could affect the validity of the contract. The Constitutional Court of the Republic of Indonesia Decision Number 83/PUU-XXII/2024 introduces a new dimension to the application of this principle, particularly regarding the protection of the insured's constitutional rights and the strengthening of insurance companies' transparency obligations. This article aims to analyze the implications of the Constitutional Court's decision on the practice of implementing the principle of utmost good faith, both from a doctrinal and normative perspective. The research method used is normative legal research with a statutory and case-based approach. The results of the study indicate that the Constitutional Court's decision emphasizes the urgency of the principle of utmost good faith as a legal protection mechanism that balances the interests of insurance companies and the rights of the insured.

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Publication Details

Journal
Pena Justisia Media Komunikasi dan Kajian Hukum
Published
2025-06-30
DOI
https://doi.org/10.31941/pj.v24i2.6940
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

The Principle of Utmost Good Faith in Insurance Following the Decision of the Constitutional Court of the Republic of Indonesia Number 83/PUU-XXII/2024

Evi Evi, Hezron Sabar Rotua Tinambunan, Joanita Jalianery
Pena Justisia Media Komunikasi dan Kajian Hukum
Legal Studies and Policies
article

The Principle of Utmost Good Faith in Insurance Following the Decision of the Constitutional Court of the Republic of Indonesia Number 83/PUU-XXII/2024

Evi Evi, Hezron Sabar Rotua Tinambunan, Joanita Jalianery
article en

Abstract

The principle of utmost good faith is the primary foundation of insurance contracts, requiring transparency between the insurer and the insured. This principle ensures contractual fairness by requiring both parties not to conceal material facts that could affect the validity of the contract. The Constitutional Court of the Republic of Indonesia Decision Number 83/PUU-XXII/2024 introduces a new dimension to the application of this principle, particularly regarding the protection of the insured's constitutional rights and the strengthening of insurance companies' transparency obligations. This article aims to analyze the implications of the Constitutional Court's decision on the practice of implementing the principle of utmost good faith, both from a doctrinal and normative perspective. The research method used is normative legal research with a statutory and case-based approach. The results of the study indicate that the Constitutional Court's decision emphasizes the urgency of the principle of utmost good faith as a legal protection mechanism that balances the interests of insurance companies and the rights of the insured.

Pena Justisia Media Komunikasi dan Kajian HukumVol. 24(1)
University of Palangka Raya (ID), State University of Semarang (ID), Universitas Negeri Surabaya (ID)
Openalex Percentile: Top 56%
Legal Studies and Policies
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The Principle of Utmost Good Faith in Insurance Following the Decision of the Constitutional Court of the Republic of Indonesia Number 83/PUU-XXII/2024 — Evi Evi, Hezron Sabar Rotua Tinambunan, et al. · Pena Justisia Media Komunikasi dan Kajian Hukum (2025) | TGRS Research Map | TGRS