Reciprocal Duty Principle Implementation In Life Insurance

ABSTRACT: Death is a risk that cannot be avoided by everyone. Death also causes several impacts, these impacts occur on the families left behind. This will be more severe if the risk of death is experienced by the head of the household who has been the backbone of the family. Therefore, losses that can later be suffered by family members will be transferred by taking life insurance. The problem faced is that the principle of utmost good faith is not implemented by the party who transfers the risk to his life, hereinafter referred to as the insured. The allegation arises because the form that should contain material facts from the insured is not filled in, even though there is a possibility that the insured did not fill out the form related to the material facts about himself due to his ignorance. In addition, there is the principle of reciprocal duty which should be able to provide legal protection to the insured on the principle of utmost good faith used by life insurance companies not to carry out their obligations. Based on the foregoing, it can be formulated the problem formulation of the characteristics of the principle of reciprocal duty in life insurance and the application of the principle of reciprocal duty in legal protection for the insured life insurance. The method in this study is a normative research with a statutory approach and primary legal materials consisting of legislation and secondary legal materials in the form of books, journals, online media, as well as the results of surveys, interviews, and observations which will later be categorized for carried out a thorough analysis.

KEYWORDS:Life Insurance, Reciprocal Duty Principle, Insured, Insured.