<?xml version="1.0" encoding="utf-8" ?>
<!DOCTYPE article PUBLIC "-//NLM//DTD JATS (Z39.96) Journal Archiving and Interchange DTD v1.2 20190208//EN"
                  "JATS-archivearticle1.dtd">
<article xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink" dtd-version="1.2" article-type="other">
<front>
<journal-meta>
<journal-id></journal-id>
<journal-title-group>
</journal-title-group>
<issn></issn>
<publisher>
<publisher-name></publisher-name>
</publisher>
</journal-meta>
<article-meta>
<permissions>
</permissions>
</article-meta>
</front>
<body>
<sec id="introduction">
  <title>INTRODUCTION</title>
  <p>Insurance is a protection mechanism against the transfer of risk
  from the insured to the insurer based on an agreement in the
  agreement. In the agreement, the insured party has an obligation to
  pay an agreed amount of premium and the insurer has an obligation to
  pay claims quickly and fairly if an insured event occurs. In
  Indonesia, there are three forms of legal entities that organize
  insurance businesses, namely: limited liability companies,
  cooperatives, and joint ventures. Mutual insurance is a legal entity
  owned by members and can only provide insurance services to its
  members. Members of a mutual business have the status of policyholders
  who have the right to the company's profits and the obligation to bear
  losses in accordance with the provisions of laws and regulations. [1]
  The company's articles of association state the main principles of a
  joint venture which are based on the principle of togetherness in
  managing business activities.</p>
  <p>Indonesia only has one insurance business organizer in the form of
  a joint venture, namely Asuransi Jiwa Bersama (AJB) Bumiputera 1912.
  This is based on the determination of Commission XI of the Indonesian
  House of Representatives on September 23, 2014. This determination is
  based on Law Number 40 of 2014 concerning Insurance which stipulates
  that the only mutual insurance company recognized is AJB Bumiputera
  1912 and that it is no longer possible to establish an insurance
  company in the form of a joint venture. This provision is also
  reinforced by the General Explanation in Government Regulation Number
  87 of 2019 concerning Insurance Companies in the Form of Joint
  Ventures which states that specifically for joint venture legal
  entities based on Article 6 paragraph (1) letter C of the Insurance
  Law, it limits insurance companies in the form of joint ventures that
  already exist when the Insurance Law is enacted. The provisions
  regarding this joint venture were then updated in Law Number 4 of 2023
  concerning the Development and Strengthening of the Financial Sector,
  especially in Chapter VII which regulates the legal aspects of
  insurance in the form of joint ventures. This company implements a
  mutual ownership system with idealism and professionalism in its
  management. Mutual ownership is where all policyholders become owners
  of the company where ownership and management are carried out for the
  benefit of its members. The Member Representative Body (BPA) is a
  representative of the policyholders to oversee the running of the
  company.</p>
  <p>Along with the development of the times, AJB Bumiputera 1912
  continues to innovate and present various insurance products and
  services that are tailored to the needs of the community. The variety
  of insurance products offered makes people increasingly interested in
  allocating their funds in the form of insurance investments. These
  products include three main categories. First, Individual Life
  Insurance which includes Mitra Beasiswa and Mitra Proteksi Mandiri
  products. Second, Group Life Insurance consisting of Credit Insurance,
  Ekawaktu Insurance, Accident Insurance, and Idaman Insurance. Third,
  Bumiputera Financial Institution Pension Fund (DPLK) which is intended
  to provide old age security through a professionally managed pension
  program.</p>
  <p>Despite offering a variety of attractive products, AJB Bumiputera
  1912 is facing serious financial problems. This turmoil began in 1997
  with the company experiencing a deficit of IDR 2.9 trillion and
  continued to increase every year, causing delays in payment of claims
  to policyholders. In 2018, there was extraordinary turmoil because AJB
  Bumiputera 1912 experienced the largest default with total assets of
  only IDR 10.28 trillion, while its liabilities or obligations reached
  IDR 31 trillion. This insolvency condition caused dissatisfaction
  among policyholders who had fulfilled their obligations by paying
  premiums, but did not receive the rights as promised. This resulted in
  policyholders taking protest actions, either through demonstrations or
  lawsuits against the company. [2]</p>
  <p>The prohibition on late payment of claims by insurance companies is
  regulated in Article 31 Paragraph (4) of the Insurance Law which
  states &quot;Insurance companies, Sharia insurance companies,
  reinsurance companies, and sharia reinsurance companies are prohibited
  from taking actions that can delay the settlement or payment of
  claims, or not taking actions that should be taken so as to result in
  delays in the settlement or payment of claims&quot; and Article 246 of
  the Commercial Code which states &quot;Insurance or coverage is an
  agreement whereby the insurer binds himself to the insured by
  accepting a premium containing the obligation to provide compensation
  to the insured if there is a loss, damage, or loss of expected
  profits, which he may suffer as a result of an uncertain event.&quot;.
  AJB Bumiputera 1912 also has a dual ownership nature of the
  policyholder. On the one hand, the policyholder is a participant and
  on the other hand, as a member of a joint venture. As a participant or
  policyholder, he has the right to receive risk protection in
  accordance with the insurance agreement and as a member of a joint
  venture, he has the rights and obligations to manage the company,
  including bearing the company's risks and losses. This condition
  reflects the gap between the prevailing norms (das sollen) and the
  reality that occurs in practice (das sein).</p>
  <p>Based on data from the audited 2021 financial report, AJB
  Bumiputera 1912 has total assets of IDR 9.5 trillion and also has
  liabilities of IDR 32.8 trillion. This condition causes the company to
  have a difference of IDR 23.3 trillion with total liabilities so that
  its total liabilities exceed the total assets owned. This difference
  indicates that there is an imbalance in the company's financial
  structure. This condition causes problems within the company in
  fulfilling its obligations to policyholders and insured parties. This
  results in the company being responsible for the interests of
  policyholders and formulating strategies to maintain the continuity of
  its business operations so as to avoid potential losses that will be
  incurred. Therefore, OJK carried out restructuring by taking over AJB
  Bumiputera by carrying out &quot;Restructuring Volume I&quot; and
  &quot;Restructuring Volume II&quot; [3]</p>
  <p>The restructuring planned in Volume I and Volume II can be said to
  have failed because the financial health of AJB Bumiputera did not
  change significantly. According to Mr. Fauzi Anwar as the Financial
  Staff of Asuransi Jiwa Bersama (AJB) Bumiputera 1912 Semarang City,
  the restructuring that was implemented resulted in organizational
  imbalances and less significant management, so that a Benefit Value
  Reduction Policy was implemented. This policy is an implementation of
  the first step of the Financial Recovery Plan (RPK) which has been
  approved by the Financial Services Authority (OJK). The Benefit Value
  Reduction Policy (PNM) is a way for companies to charge their losses
  to policyholders or heirs, by cutting the claim value on policies that
  have not been paid or are still pending (outstanding claims), and
  reducing benefits on policies that are still active . [4]</p>
  <p>The presence of this policy is certainly controversial because it
  contradicts the expectations of policyholders who feel their rights
  have been reduced, while on the other hand there are companies that
  want to maintain their legal form in order to maintain operational
  sustainability. The PNM policy is stated in the Financial Recovery
  Plan (RPK) as a strategic solution to provide the right to pay
  policyholder claims while maintaining the operational sustainability
  of AJB Bumiputera 1912, in accordance with the provisions stipulated
  in Law No. 4 of 2023 concerning the Development and Strengthening of
  the Financial Sector (UU PPSK). This law functions as a legal
  framework that aims to provide legal protection for consumers and
  strengthen the financial sector, including in terms of overcoming the
  problem of default that occurs in joint venture insurance. Default in
  this context refers to the inability of an insurance company to
  fulfill its claim obligations to customers, which can have a
  significant impact on customers who depend on insurance policies for
  financial protection.</p>
  <p>In Chapter VII of the PPSK Law, it regulates Joint Business
  Insurance, one of which is stated in Article 53 paragraph (2) which is
  the basis for the Benefit Value Reduction Policy. This article
  explains that joint business insurance or mutual in carrying out its
  business activities issues insurance products that contain elements of
  profit sharing and risk of loss for its members. This profit and loss
  sharing is based on the mutual principle chosen by the members
  themselves so that it is in accordance with the initial capital of
  establishment and makes the risk sharing collective [5] . This
  condition causes the Benefit Value Reduction Policy to become a
  polemic among policyholders, this is because policyholders feel
  disadvantaged and have minimal knowledge about the form of joint
  business insurance. [6] This policy must of course be in line with the
  company's management based on the principles of good corporate
  governance <italic>so</italic> that the initial objective of this
  policy is achieved. The main objective of this policy is to ensure
  that outstanding claims <italic>and</italic> active policies are paid
  fairly, non-discriminatory, and transparently. The reduction in
  Benefit Value starts from 20% for the risk of death of the insured and
  a 50% claim value reduction for the expiration of the agreement period
  and in the event of redemption. Based on this policy, priority is
  given to policyholders who have insurance money after deducting PNM of
  a maximum of IDR 5,000,000 will be paid in one stage and direct
  settlement and claims after PNM of more than IDR 5,000,001 (five
  million one rupiah), will be paid in two stages 50% in 2023 and 50%
  settlement in 2024 according to the availability of funds.</p>
  <p>In the implementation of the Benefit Reduction Policy (PNM), there
  are three types of reactions from policyholders. First, there are
  policyholders who agree with the policy as a realistic solution in the
  company's current financial situation. Second, there are those who
  disagree and continue to demand full payment according to the policy
  they have. Third, there are policyholders who take a &quot;wait and
  see&quot; attitude, namely waiting for further developments before
  making a decision regarding the claim. Based on the statement of Mr.
  Auditomo as the Task Force AJB Bumiputera 1912, as of December 27,
  2023 there were 52,636 Individual Insurance (Asper) policies with a
  nominal value of IDR 153.10 billion and 12 Group Insurance (Askum)
  policies that had complete administration and were ready to pay in
  installments with a nominal value of IDR 28.2 billion. In 2024, it was
  recorded that 86,558 policyholders agreed to this policy with a total
  claim value of IDR 267.17 billion. Policyholders who have received
  claims after the PNM Policy are 70,636 with a claim value of Rp 211.4
  billion. So there are still 15,922 policies that have not been paid
  with a total claim value of Rp 55.77 billion. [1]</p>
  <p>This study examines the effectiveness of the PPSK Law in providing
  legal protection for joint venture insurance policyholders in the
  implementation of claim payments through the Benefit Reduction Policy
  by AJB Bumiputera 1912. In addition, this study also examines the
  responsibility of AJB Bumiputera in implementing the Benefit Reduction
  Policy.</p>
  <p>This study aims to analyze the extent to which the PPSK Law can
  provide legal protection for policyholders in the implementation of
  claim payments at AJB Bumiputera 1912 and to assess the responsibility
  of AJB Bumiputera 1912 as a joint venture insurance company in
  Indonesia after implementing the Benefit Value Reduction Policy. This
  study is based on Law No. 4 of 2023 concerning the Development and
  Strengthening of the Financial Sector which regulates joint venture
  insurance in Chapter VII.</p>
</sec>
<sec id="method">
  <title>METHOD</title>
  <p>The type of research used in this writing is empirical legal.
  Empirical legal research or also known as sociological legal research,
  is a legal research method that aims to see the law in a real sense,
  namely by examining how the law actually works and is applied in
  society [7] . This research uses a qualitative approach that is
  oriented towards legal norms contained in laws and regulations, court
  decisions, and legal values that develop and are applied in people's
  lives. This approach allows researchers to conduct in-depth analysis
  of normative and empirical aspects that are directly related to the
  object of research. The location of the research was carried out at
  the AJB Bumiputera 1912 Semarang office, located at Jl. Ahmad Yani No.
  141, Karang Kidul, Kec. Semarang Tengah, Semarang City, Central Java.
  In this study, the data used consisted of primary data obtained
  through interviews, observations, and documentation, as well as
  secondary data collected from the results of literature studies or
  library materials that are relevant to the problems studied and
  referred to as legal materials.</p>
  <p>Data collection techniques in this study were conducted through
  interviews, observations, and documentation. Interviews were used as a
  method to obtain information verbally from informants in order to
  achieve certain research objectives [8] . Meanwhile, observations were
  conducted by collecting data related to research problems through
  direct observation in the field, either with direct or indirect
  techniques. In addition, documentation techniques were used to collect
  data through studies of written documents, archives, legal theory
  books, and supplemented with supporting data in the form of images or
  photos taken during the interview process with informants. After all
  the data was obtained, the next step was to conduct data analysis,
  namely by verifying the completeness and relevance of the data to the
  issues being studied. The verified data was then systematically
  classified so that it could be clearly identified which ones had a
  direct relationship in answering the research problems.</p>
</sec>
<sec id="discussion">
  <title>DISCUSSION</title>
  <sec id="a.-implementation-of-joint-life-insurance-claims-bumiputera-1912-semarang-city-for-policyholders-after-law-no.-4-of-2023-concerning-the-development-and-strengthening-of-the-financial-sector">
    <title>A. Implementation of Joint Life Insurance Claims Bumiputera
    1912 Semarang City for Policyholders after Law No. 4 of 2023
    concerning the Development and Strengthening of the Financial
    Sector</title>
    <p>AJB Bumiputera 1912, or better known as AJBB, is the oldest life
    insurance company in Indonesia which has been established for
    approximately 113 years to meet the needs of the ever-growing
    community. This company is known as the largest and oldest life
    insurance in Indonesia. The characteristic of AJBB lies in its
    status as a mutual insurance legal entity, where policyholders act
    as customers as well as owners or members of the company. All
    profits and losses are shared fairly for the common good, based on
    three main principles: mutualism, idealism, and professionalism. AJB
    Bumiputera 1912's commitment is also reflected in its efforts to
    provide professional, reliable services, and contribute to
    increasing public awareness of the importance of life insurance
    protection that is managed responsibly for the benefit of
    policyholders [9] .</p>
    <p>In an interview with Mr. Fauzi Anwar as the Finance staff of AJB
    Bumiputera 1912 Semarang City, he stated that AJB Bumiputera 1912 is
    different from PT Asuransi Umum Bumiputera Muda 1967 (Bumida)
    because Bumida is a subsidiary of AJB Bumiputera 1912 which is in
    the form of a PT, different from AJB Bumiputera which is in the form
    of mutual insurance. AJB Bumiputera 1912 is a mutual insurance where
    ownership is held by policyholders who are different from Bumida
    whose ownership is based on a share structure. This difference does
    not only lie in the form of the business entity but also in the
    principles of management and corporate responsibility for interests.
    AJB Bumiputera emphasizes the principle of mutual cooperation
    between members, while Bumida emphasizes profitability and the
    interests of shareholders. In addition, there are also differences
    in the organizational structure.</p>
    <p>The establishment of AJB Bumiputera 1912 was built on the basis
    of trust and mutual cooperation from all company organs. This is a
    manifestation of article 33 of the 1945 Constitution, namely the
    economy is structured as a joint venture based on the principle of
    family. This is based on the principle of the founders' idealism
    which is not oriented towards profit, but oriented towards the
    economic welfare of the &quot;bumi-putera&quot; community. AJB
    Bumiputera 1912 as a mutual insurance has been recognized by the
    government based on the Decree of the Minister of Finance of the
    Republic of Indonesia Number 1250/KMK.013/1988 on December 20, 1989
    [10] . This basis was then reaffirmed in Law No. 2 of 1992
    concerning Insurance Business. The law was then updated in Law No.
    40 of 2014 concerning Insurance or the Insurance Law. In addition,
    on September 23, 2014, Commission XI of the Indonesian House of
    Representatives has guaranteed in the Insurance Law that AJB
    Bumiputera 1912 is the only insurance company in Indonesia that has
    the status of a joint venture or mutual and is based on applicable
    legal provisions. The latest regulations regarding mutual insurance
    are regulated in Law Number 4 of 2023 concerning the Development and
    Strengthening of the Financial Sector or often referred to as the
    PPSK Law which is stated in Chapter VII concerning Joint Business
    Insurance. Based on Article 53 of the PPSK Law, it states that joint
    business insurance is insurance that is in the scope of life
    insurance business with the following characteristics; does not
    issue shares, does not have paid-up capital, has equity, is owned by
    members, issues various products that result in the sharing of
    profits and losses from joint business activities for members, and
    has assets that are separate from the assets of members. In this
    mutual legal entity form, the risk is not fully transferred because
    the policyholder still bears the risk collectively as the
    &quot;owner&quot; or &quot;business member&quot;. So legally, this
    mutual insurance is legal because there is a legal basis and this
    business entity model is agreed upon transparently in the articles
    of association and policy agreement.</p>
    <p>Along with the development of the times, AJB Bumiputera 1912
    continues to innovate and present various insurance products and
    services that are tailored to the needs of the community. The
    variety of insurance products offered makes people increasingly
    interested in allocating their funds in the form of insurance
    investments. As one of the companies with a long history in the
    insurance industry in Indonesia, AJB Bumiputera 1912 provides
    various life insurance products designed to meet the financial
    protection needs of individuals and groups. Here are some of the
    insurance products offered by the company.</p>
    <p>1. Individual Life Insurance</p>
    <p>a. Scholarship Partners</p>
    <p>This product is designed to provide protection for children and
    support their education costs, from kindergarten to college.</p>
    <p>b. Independent Protection Partner</p>
    <p>The product is used to plan retirement welfare for farmers,
    fishermen, ranchers, or other jobs.</p>
    <p>2. Group Life Insurance</p>
    <p>a. Credit Insurance</p>
    <p>This product is intended to provide protection to debtors who
    have debt obligations to financial institutions.</p>
    <p>b. One-time insurance</p>
    <p>This product is a type of non-savings insurance that provides
    full protection against the risk of death, with a limited validity
    period, and protects against potential losses arising from the death
    of an employee.</p>
    <p>c. Accident Insurance.</p>
    <p>This insurance program provides special protection against
    accident risks for a period of one year.</p>
    <p>d. Dream Insurance</p>
    <p>This product is designed to provide protection against the risk
    of death within a certain period of time, up to a maximum of 30
    years, and provides funds that grow progressively over time in the
    form of accumulated monetary value.</p>
    <p>3. Bumiputera Financial Institution Pension Fund (DPLK)</p>
    <p>a. Prosperous Savings Pension Program (PROPENTAS)</p>
    <p>Propentas is a flagship program from DPLK Bumiputera that helps
    plan the future better, because this program offers significant
    investment returns, namely between 11% to 12% per year (for Fixed
    Income investment packages).</p>
    <p>Despite offering various attractive products, AJB Bumiputera 1912
    has faced serious financial problems since 1997 AJB Bumiputera. This
    problem also occurred in the period 2012 to 2017 regarding the
    declining performance of AJB Bumiputera. This condition is based on
    premium receipts that cannot cover obligations to policyholders.
    Based on data from the OJK, AJB Bumiputera's total assets as of 2021
    reached IDR 9.5 trillion, while its liabilities reached IDR 32.8
    trillion. This shows that the amount of liabilities is higher when
    compared to the company's assets (PUTRI, 2024). The peak was an
    extraordinary turmoil in 2018 because AJB Bumiputera 1912
    experienced the largest default case with total assets of only IDR
    10.28 trillion, while its liabilities reached IDR 31 trillion.
    Therefore, OJK conducted restructuring by taking over the management
    of AJB Bumiputera 1912 by conducting Restructuring Volume 1 and
    Restructuring Volume II. This effort apparently still did not show
    significant efforts in helping to improve the condition of the AJB
    Bumiputera 1912 company.</p>
    <p>On November 19 to December 1, 2022, an Extraordinary Session
    (SLB) was held which was attended by the Member Representative Body
    (BPA), Board of Commissioners, and Board of Directors of AJB
    Bumiputera 1912. One of them was the decision that claim payments
    would be paid in February 2023 to overcome policyholder losses due
    to the company not meeting the health level. BPA decided to continue
    the company's form in the form of a joint venture or mutual in order
    to save the rights of policyholders. In addition, the meeting also
    discussed Article 38 paragraph 4 of Bumiputera's Articles of
    Association which states that in order to continue the establishment
    of AJB Bumiputera 1912 in the form of a mutual, the remaining losses
    will be divided pro rata among the members of AJB Bumiputera as
    determined in the BPA session. Therefore, BPA asked the Board of
    Commissioners and Board of Directors to prepare the Company's
    Financial Recovery Plan (RPK) while still considering the legal
    basis. The first RPK was submitted on December 1, 2022 and has been
    submitted to the OJK through letter No. 37/DIR/EKST/I/2023 dated
    January 9, 2023 and OJK approved the no objection plan through
    letter No. SR.1/D.05/2023 on February 10, 2023. The first stage of
    this RPK is at the rescue stage with the company focusing on saving
    the rights of policyholders in the form of delayed claim payments
    based on the Articles of Association and Law Number 4 of 2023
    concerning the Development and Strengthening of the Financial Sector
    or PPSK. The policy taken at this stage is the Benefit Reduction
    Policy. This policy is based on three provisions. First, the
    Articles of Association of Mutual Life Insurance (AJB) Bumiputera
    1912 and is included in the insurance policy issued. Second, Chapter
    VII concerning Joint Business Insurance in Law 4 of 2023 concerning
    the Development and Strengthening of the Financial Sector. Third,
    OJK Regulation Number 1/POJK.05/2018 concerning Financial Health for
    Insurance Companies. The purpose of this policy is to ensure that
    the implementation of this benefit reduction is carried out fairly,
    non-discriminatory, and transparently. This policy is implemented
    based on the following provisions.</p>
    <p>The policies included in this PNM policy are the outstanding
    claim policy portfolio, except for the portfolio based on the
    separate management policy (segregation) of the Board of Directors
    Decree No.SK.35/DIIR/2019 dated December 23, 2019 concerning the
    Segregation of AJB Bumiputera 1912 Business.</p>
    <p>The claim value reduction for policies with outstanding payments
    is as follows.</p>
    <table-wrap>
      <table>
        <colgroup>
          <col width="50%" />
          <col width="50%" />
        </colgroup>
        <tbody>
          <tr>
            <td><bold>Claim Types</bold></td>
            <td><bold>Decrease in Benefit Value</bold></td>
          </tr>
          <tr>
            <td colspan="2"><bold>Individual Insurance</bold></td>
          </tr>
          <tr>
            <td>Die</td>
            <td>20%</td>
          </tr>
          <tr>
            <td>Contract ends</td>
            <td>50%</td>
          </tr>
          <tr>
            <td>Redemption</td>
            <td>50%</td>
          </tr>
          <tr>
            <td>DKB, Partial Claims and Hospitalization</td>
            <td>0%</td>
          </tr>
          <tr>
            <td colspan="2"><bold>Group Insurance</bold></td>
          </tr>
          <tr>
            <td>Die</td>
            <td>20%</td>
          </tr>
          <tr>
            <td><p>Contract ends</p>
            <p>Redemption</p></td>
            <td><p>50%</p>
            <p>50%</p></td>
          </tr>
          <tr>
            <td>Premium and Health Refunds</td>
            <td>0%</td>
          </tr>
          <tr>
            <td colspan="2"><p><bold>Traditional Products on</bold></p>
            <p><bold>General Agency System Hybrid (GASH)
            Application</bold></p></td>
          </tr>
          <tr>
            <td>Die</td>
            <td>20%</td>
          </tr>
          <tr>
            <td>Contract ends</td>
            <td>50%</td>
          </tr>
          <tr>
            <td>Redemption</td>
            <td>50%</td>
          </tr>
          <tr>
            <td>DKB, Partial Claim, Health and Hospitalization</td>
            <td>0%</td>
          </tr>
        </tbody>
      </table>
    </table-wrap>
    <p>Source: Bumiputera.com</p>
    <p>Policyholders who have completed the entire claim submission
    process and have a ready-to-pay status (status 7 in the system), can
    submit PNM approval to continue with the payment submission, the
    percentage of which will be adjusted according to the existing
    table. This claim payment will follow PNM's policy and the
    availability of company funds. In the PNM policy, policyholders who
    are prioritized are those whose claims do not exceed IDR 5,000,000
    (five million rupiah). If the claim amount exceeds IDR 5,000,000,
    the remaining claim will be paid in two stages, namely in 2023 and
    2024. In an interview with Mr. Fauzi Anwar, there are several stages
    of submitting claim payments using the PNM policy that can be
    carried out by policyholders as follows.</p>
    <p>Policyholders come to the branch office with the following
    documents:</p>
    <p>1. Insurance policies that have expired;</p>
    <p>2. KTP (Resident Identity Card) of the policy holder;</p>
    <p>3. Insurance claim submission letter;</p>
    <p>4. Policy holder's Account Book;</p>
    <p>5. Proof of last premium payment.</p>
    <p>Then the insurance party will process and request approval of the
    insurance claim application files and submit the claim to the
    regional office or to the regional office or claims department at
    the head office.</p>
    <p>The policyholder's claim status will be processed and a claim
    will be submitted. After receiving the ready-to-pay status, the
    policyholder will receive insurance claim payment funds which will
    be paid through the policyholder's savings account which was stated
    at the beginning of the submission of the files.</p>
    <p>The Benefit Value Reduction Policy (PNM) is one of the solutions
    based on the PPSK Law. Through this policy, the government is
    committed to continuing to fulfill its claim payment obligations to
    policyholders, even though it is accompanied by adjustments in the
    form of reductions in benefit values, in accordance with the
    provisions applicable to insurance legal entities in the form of
    joint ventures. This provision is in line with Article 53 paragraph
    (2) letter e of the PPSK Law which emphasizes that Joint Ventures in
    their operations issue insurance products that contain elements of
    profit sharing and risk of loss among their members. This sharing
    principle is based on the mutual concept that is voluntarily chosen
    by members, in line with the basic capital of establishment, so that
    the risk is shared collectively (Murgai et al., 2022). In addition,
    Article 55 paragraph (1) letter e stipulates that the articles of
    association of Joint Ventures must contain provisions regarding the
    profit sharing mechanism and procedures for charging losses between
    members. Meanwhile, Article 56 states that each member of the Joint
    Venture is responsible for bearing all losses arising from business
    activities, and has the right to obtain profits from these
    activities, in accordance with applicable regulations.</p>
    <p>This policy is also oriented to save the operational
    sustainability of AJB Bumiputera 1912, so that it can continue to
    carry out its business activities sustainably in the form of a joint
    venture entity which is its main characteristic. The implementation
    of this policy must refer to Article 54 of the PPSK Law, which
    requires joint venture entities to implement good corporate
    governance, including in aspects of investment management, risk
    management, and internal control. These governance principles
    include prudence, transparency, accountability, responsibility,
    professionalism, and fairness. Therefore, in determining and
    managing premiums paid by policyholders, the company must ensure
    that the risks and benefits obtained can be calculated accurately,
    in order to prevent potential failure to fulfill its obligations to
    policyholders or insured parties.</p>
    <p>The main objective of implementing the PNM policy is to ensure
    that the reduction in benefit value is carried out fairly,
    transparently, and without discrimination. If AJB Bumiputera fails
    to implement this provision, the objectives to be achieved may be
    disrupted due to weak management governance. This condition risks
    causing delays in the claim fulfillment process, which in the end
    can harm and endanger the interests of policyholders [11] . In 2024,
    it was recorded that 86,558 policyholders agreed to this policy with
    a total claim value of IDR 267.17 billion. Policyholders who have
    received claims after the PNM Policy are 70,636 with a claim value
    of IDR 211.4 billion. So there are still 15,922 policies that have
    not been paid with a total claim value of IDR 55.77 billion. In the
    results of interviews with three AJB Bumiputera 1912 policyholders,
    some of the policyholders have agreed to this policy, but until now
    have not received claim payments.</p>
    <p>In the interview with Mrs. Sumaiti as the policyholder of AJB
    Bumiputera, she explained that she had agreed to the PNM policy in
    2021. She was promised by the agent that if she agreed to this
    policy, the insurance money would be disbursed immediately. Her
    total policy claim was previously IDR 21,000,000, cut to IDR
    14,000,000. In addition, the interview with Mr. Pangestu Wicaksono
    also agreed to this policy in 2020 with a claim reduction of 50%,
    but until now he has not received the claim payment.</p>
    <p>Legal protection for policyholders is also a major concern in the
    PPSK Law, especially if in the implementation of the Benefit
    Reduction (PNM) policy there is a violation of the provisions of the
    law or its implementing regulations. This is expressly regulated in
    Article 279, which states that the Financial Services Authority
    (OJK) has the authority to impose administrative sanctions on any
    party that violates the PPSK Law and its derivative regulations.
    Furthermore, this provision states that parties who violate various
    important articles, such as Article 54 paragraphs (1) to (5) and
    several other articles related to the governance and implementation
    of insurance business activities, will be subject to administrative
    sanctions. The forms of sanctions that can be given by the OJK vary,
    ranging from written warnings, reduction in the company's health
    level, restrictions or prohibitions on some or all business
    activities, to prohibitions on marketing insurance products for
    certain lines. In addition, individuals who violate can also be
    prohibited from serving as shareholders, controllers, members of the
    board of directors, board of commissioners, or other strategic
    positions in legal entities in the form of cooperatives or Joint
    Ventures. Not only that, sanctions in the form of administrative
    fines or revocation of business licenses can also be imposed. All
    procedures and methods for imposing these sanctions are further
    regulated in accordance with the provisions applicable in laws and
    regulations in the insurance sector, in order to ensure that the law
    enforcement process runs transparently and fairly.</p>
    <p>The Benefit Reduction (PNM) Policy by AJB Bumiputera 1912 has had
    quite serious impacts on policyholders, both in terms of fairness
    and legal compliance. From a fairness perspective, many
    policyholders feel disadvantaged because the benefits promised at
    the beginning of the contract have been unilaterally reduced. This
    has caused dissatisfaction because an insurance policy is a form of
    agreement that should bind both parties fairly. On the one hand, the
    company argues that this step was taken to save the sustainability
    of the business and protect the interests of all policyholders
    collectively. However, on the other hand, individuals who have been
    disciplined in paying full premiums must bear the risk of company
    management errors. This gives rise to the perception that the losses
    are borne by the policyholders, not the managers or policyholders.
    From a legal compliance perspective, the PNM policy is actually
    based on regulations because it is implemented by the Financial
    Services Authority (OJK) in order to save insurance companies
    experiencing a liquidity crisis based on the PPSK Law. The process
    must be approved by the regulator, and socialized to policyholders,
    but in practice legal issues still arise, especially related to
    consumer rights. Some policyholders feel that the decision-making
    process does not involve them directly, resulting in lawsuits or
    complaints to the courts or to consumer protection agencies.
    Normatively, this step is legal, but sociologically, it still raises
    tensions between the principle of consumer protection and efforts to
    save the joint business entity.</p>
    <p>If we examine the effectiveness of the Benefit Reduction (PNM)
    policy in overcoming the company's financial crisis, it can be
    partial. In terms of effectiveness, PNM is indeed able to provide
    breathing space for companies that are experiencing financial
    deficits. Reducing the obligation to pay policy benefits can
    minimize liquidity pressure and adjust income to continue to be able
    to run basic operations. In this context, PNM can be called an
    emergency solution to avoid total bankruptcy which is a greater risk
    for all policyholders, but if we examine it more deeply, the PNM
    Policy is not a solution that solves the root of the problem. The
    crisis at AJB Bumiputera 1912 was caused by a combination of factors
    such as; investment management errors, large past liability burdens,
    and weak internal governance. If the PNM Policy is only implemented
    without being accompanied by management reform, capital
    strengthening, and improving corporate governance, then the effect
    will only be temporary. Even in the long term, this can reduce
    public trust in the company and the insurance sector as a whole. In
    addition, excessive cuts in benefit values can trigger lawsuits and
    resistance from customers. This condition will create new problems
    for the company. Therefore, objectively PNM is effective as an
    emergency solution, but is not strong enough to overcome the crisis
    as a whole if not accompanied by a more comprehensive restructuring
    strategy. The need for good governance in accordance with the
    provisions of the PPSK Law so that this PNM policy can be the best
    solution for policyholders or the company [12] .</p>
    <p>If examined with Satjipto Rahardjo's protection theory which aims
    to realize a sense of justice, certainty, and benefit for the
    community [13] . In the implementation of the implementation of the
    Benefit Value Reduction by AJB Bumiputer 1912, legal protection is
    stated in Article 54 and Article 279 of the PPSK Law. In Article 54
    of AJB Bumiputera 1912 in making policies, it is mandatory to
    implement good corporate governance and which gives authority to the
    Financial Services Authority (OJK) to impose sanctions for
    violations. Normatively, the regulation is adequate because it
    regulates the supervision mechanism, the imposition of
    administrative sanctions, and the protection of policyholder rights
    against potential deviations in the implementation of PNM policies.
    This condition is in contrast to the implementation in the field,
    this legal protection has not been fully achieved optimally. This is
    reflected in the ongoing complaints from policyholders regarding
    delays in claim disbursements, unclear information regarding the
    reduction of benefit values, and weak transparency in the PNM
    implementation process. This condition shows that the principles of
    justice and benefit in the theory of legal protection have not been
    fully realized, even though in terms of formal legal frameworks, the
    legal framework is already available. Therefore, the implementation
    of this PNM Policy must be carried out with transparency, management
    accountability, and speed of claim settlement to policyholders.</p>
    <p>Normatively, legal protection for policyholders is clearly stated
    in the regulation, especially through the authority of the OJK in
    supervising the implementation of this policy in imposing sanctions
    for any violations, but when viewed from its implementation, the
    legal protection is not yet fully optimal. There are still problems
    at the implementation level, such as delays in claim disbursement,
    lack of transparency, and weak management accountability that has
    the potential to harm policyholders. The commitment of all parties,
    both regulators and AJB Bumiputera management, is an important key
    in ensuring that policyholders' rights are protected in a real way,
    not only at the normative level, but also in fair and transparent
    practices.</p>
    <p>In addition, the PPSK Law provides another mandate to the Deposit
    Insurance Corporation (LPS) to provide legal protection for
    policyholders. The Deposit Insurance Corporation currently does not
    only apply to banking customers, but this institution is also tasked
    with guaranteeing protection for insurance policyholders if the
    insurance company fails to fulfill its obligations [14] .</p>
  </sec>
  <sec id="b.-liability-of-bumiputera-1912-joint-life-insurance-in-semarang-city-after-the-implementation-of-the-benefit-value-reduction-policy">
    <title>B. Liability of Bumiputera 1912 Joint Life Insurance in
    Semarang City After the Implementation of the Benefit Value
    Reduction Policy</title>
    <p>Insurance is an economic institution that functions to minimize
    the risk received by the insured by paying claims and managing a
    large number of objects in a system, so that the potential for
    overall losses can be predicted within controllable limits [15] .
    Claims are an obligation to pay insurance money from the insurance
    company to the insured. Payment of these claims can vary depending
    on the amount of the agreed premium [16] .</p>
    <p>AJB Bumiputera 1912 places the highest power in the hands of
    policyholders who, in addition to being customers, also act as
    owners of the company. The rights and obligations of members are
    regulated in the Articles of Association, where the Member
    Representative Body (BPA) is the highest institution that represents
    the aspirations of members and also determines the direction of
    company policy. This BPA has the right to a reversionary bonus and
    members without the right to a reversionary bonus. The right to a
    reversionary bonus is the right of members who receive a share of
    profits or dividends at the end of the year. The BPA, which is
    elected by members with certain criteria, also carries out a
    supervisory function through the Board of Commissioners which
    oversees the performance of the Board of Directors. The Board of
    Commissioners has the authority to examine assets, documents, and
    request information from the Board of Directors regarding the
    running of the company. In addition, the Board of Directors,
    consisting of three to five people, is fully responsible for the
    company's operations and represents AJB Bumiputera both inside and
    outside the court. The Board of Directors also bears responsibility
    for company losses if proven to have committed management errors
    that deviate from the provisions of the Articles of Association.
    This mechanism shows that the management of AJB Bumiputera is
    carried out with a structure that prioritizes member participation,
    inherent supervision, and firm responsibility at every level of
    management.</p>
    <p>AJB Bumiputera 1912 during the financial health recovery period
    provides a form of accountability by continuing to convey and
    provide information according to references from the head office to
    policyholders or insured. These references are the basis for service
    offices or branch offices in each region spread across various
    regions, basically functioning as a follow-up from the head office
    for policies to be implemented. This policy is centered at the head
    office and branch offices as executors continue to provide
    responsibility by conveying various branch offices as executors in
    the field still have the responsibility to convey the decision to
    policyholders, by ensuring that all information provided is in
    accordance with the company's official provisions.</p>
    <p>In an interview with Mr. Fauzi Anwar, S.Sos, he explained a
    number of steps that have been taken by AJB Bumiputera 1912 Semarang
    branch in dealing with the company's condition which until now has
    not been able to fulfill all of its obligations in the last few
    years. The company continues to strive to maintain good
    communication with policyholders, with the main focus currently
    being to provide the best service to customers whose claims are
    still pending. In addition, the company also routinely provides
    information that the recovery process being carried out by the
    central management together with the OJK is still ongoing.
    Management is committed to resolving the rights of policyholders in
    stages in accordance with applicable regulations. He also added that
    there is a special policy for policyholders who agree to the
    implementation of the Benefit Value Reduction (PNM), the agreement
    of which is stated in a statement letter and signed by the
    policyholder, so that the payment process will be carried out
    according to the availability of funds from the head office. This
    policy refers to the Directors' Letter Number 191/DIR/EKST/II/2023
    which is also the basis for information to policyholders. In
    addition, he explained that there are other alternatives to overcome
    the delay in claim payments, namely through a request for the
    disbursement of excess guarantee funds that have been approved by
    the OJK, the release of shares owned on the Indonesia Stock
    Exchange, and the optimization of assets in the form of land and
    buildings listed in the company's Financial Recovery Plan (RPK). The
    following are some of the ways that AJB Bumiputera 1912 has carried
    out in order to recover in order to be responsible for the financial
    health it is currently experiencing.</p>
    <p>1. Office reorganization</p>
    <p>The office reorganization was carried out by merging several
    active offices of AJB Bumiputera 1912 in Indonesia, which originally
    reached 341 offices, into 100 active offices. This step was taken
    with the aim of increasing cost efficiency and office
    operations.</p>
    <p>2. Asset Conversion</p>
    <p>Asset Conversion is carried out through the sale of company
    assets at market prices, where the proceeds will be used to pay 50%
    of customer claims and the remainder to support the company's
    operational activities.</p>
    <p>3. Organizational Rationalization</p>
    <p>This organizational rationalization was carried out by
    terminating the employment of 624 employees, as a form of reducing
    fixed cost burdens.</p>
    <p>4. Premium Acceleration</p>
    <p>Premium acceleration is carried out by prioritizing claim
    payments to customers as the main priority in maintaining public
    trust. In the policy of reducing the value of policyholder benefits
    with a claim amount of Rp 5,000,000.00 (five million rupiah) will be
    paid at once in 1 (one) year.</p>
    <p>AJB Bumiputera 1912 is always committed to remain responsible for
    the problems experienced by policyholders. This statement indicates
    that the company is facing challenges, but there is still good faith
    and constitutional awareness from the management to complete
    obligations to policyholders. The following are the obstacles or
    barriers experienced by the company based on his presentation.</p>
    <p>Limited funds available are an obstacle to paying all claims in
    full.</p>
    <p>Company operations are disrupted due to minimal available funds,
    thus affecting customer service.</p>
    <p>Incomplete customer data slows down the verification and claim
    settlement process, which should be done more quickly.</p>
    <p>He also explained that in conveying information related to the
    Benefit Value Decrease Policy, AJB Bumiputera 1912 Semarang City
    carried out several communication methods. The following are the
    methods used by the company to provide information to its
    customers.</p>
    <p>By Mail</p>
    <p>In this method, the company will send an official letter to
    policyholders regarding the benefit reduction policy.</p>
    <p>Marketing Agent</p>
    <p>In this method, the company will give an order to the marketing
    agent to contact the customer regarding the delivery of information
    regarding the benefit reduction policy.</p>
    <p>Through Social Media</p>
    <p>In this method, the company will provide information regarding
    the benefit reduction policy through the official social media of
    AJB Bumiputera 1912.</p>
    <p>As a form of responsibility, AJB Bumiputera 1912 has made various
    efforts to maintain the continuity of the company amidst the
    limitations. The policy of reducing the value of benefits as a form
    of solution that benefits policyholders and can also continue the
    form of the company as a form of joint business entity in accordance
    with the initial establishment. In this policy of reducing the value
    of benefits, AJB Bumiputera will continue to pay claims of
    policyholders with a queuing system and waiting for the availability
    of funds. The existence of efforts to reorganize the office, asset
    convention, organizational rationalization, and premium acceleration
    are forms of responsibility of AJB Bumiputera 1912 to continue to
    pay customer claims.</p>
    <p>Interview results with Mrs. Sumaiti, as a policyholder of AJB
    Bumiputera 1912 with an education policy type included in the
    Planned Scholarship. She has been a policyholder since 2004 and the
    policy period ends in 2021, so her total membership period is 17
    years. Initially, the first claim payments in 2015 and 2019 went
    smoothly, but for the following years there were obstacles. During
    her time as a policyholder, she learned that AJB Bumiputera 1912 was
    a joint venture business entity. In an effort to obtain her rights,
    she agreed to the Benefit Value Reduction policy set by AJB
    Bumiputera 1912, namely receiving insurance money with a deduction
    after PNM to IDR 14,000,000. Until now, she has not had any good
    faith from the company to pay the claims that have been submitted.
    As a policyholder, she understands the difficult situation of the
    company but she also needs the insurance money for her child's
    education. He has agreed to the policy and has provided his account
    number, but there has been no disbursement of the insurance money to
    date.</p>
    <p>The researcher also obtained the results of an interview with
    Mrs. Krisma, as a policyholder of AJB Bumiputera 1912 with an
    education policy type. She has been a policyholder since 1995 and
    the policy period ends in 2023, so her total membership period is 28
    years. In 2025, she has not received the promised insurance money of
    Rp. 800,000 and Rp. 1,500,000. During her time as a policyholder,
    she learned that AJB Bumiputera 1912 is a joint venture business
    entity. According to her, with the principle of joint venture
    insurance that applies profits and losses are borne jointly by the
    company and the policyholder, it is unfair if the policyholder bears
    100% of the loss. She did not know that AJB Bumiputera 1912
    implemented a Benefit Reduction Policy, the company never gave her
    any information regarding this policy. She hopes to find a way to
    resolve this case with all parties benefiting.</p>
    <p>Another result of the researcher conducted an interview with Mr.
    Pangestu Wicaksono as a policyholder of AJB Bumiputera 1912 with an
    education policy type. He has been a policyholder since 2008 and the
    policy validity period ends in 2020, so his total membership period
    is 17 years. During his time as a policyholder, he did not know that
    AJB Bumiputera 1912 was a joint venture business entity. In an
    effort to obtain his rights, he agreed to the Benefit Value
    Reduction policy set by AJB Bumiputera 1912, namely receiving
    insurance money with a 50% discount but until now, there has been no
    good faith from the company to pay the claim submitted.</p>
    <p>Based on the perception of AJB Bumiputera 1912 policyholders,
    they feel that this policy is not beneficial. This policy results in
    a conflict between the principles of insurance and the
    implementation of AJB Bumiputera 1912 company policies. This policy
    is contrary to the basic principles in Article 246 of the Commercial
    Code. This article emphasizes that insurance is an agreement that
    aims to compensate for losses, where the amount of compensation must
    be commensurate with the losses experienced by the insured party.
    The policy of reducing the value of benefits implemented by AJB
    Bumiputera 1912 has caused losses for policyholders who have so far
    fulfilled their obligations to pay premiums in the hope of obtaining
    legal protection according to the agreement in the policy. Reducing
    the value without transparent approval not only damages customer
    trust but also tarnishes the company's image in the eyes of the
    public. A number of customers, such as those conveyed by Mrs.
    Sumaiti and Mr. Pangestu Wicaksono, expressed their disappointment
    over the delay in the disbursement of claims that had been submitted
    four years ago without clear certainty. Although they have submitted
    the necessary documents, until now the disbursement has not been
    realized, including the promise of partial payment of claims that
    have also not been fulfilled. The regional branch acknowledged its
    limitations in providing definitive information because all
    decisions depend on the head office and the availability of funds.
    Customers understand the difficulties faced by the company, but
    still demand the right to fast, clear, and promised service.
    Therefore, concrete steps are needed in the form of improving
    communication, transparency, and efficiency of the claim
    disbursement process in order to restore trust and maintain the
    integrity of the relationship between the company and customers.</p>
    <p>When examined through the theory of legal certainty by Sudikno
    Mertokusumo, legal certainty is a form of protection for the
    justiciable against arbitrary actions [17] . This means that a
    person has the right to obtain what is expected under certain
    conditions. Sudikno also emphasized that legal certainty is the hope
    of society, because with this certainty, order in community life can
    be realized. The law plays a role in creating legal certainty in
    order to achieve social order. The implementation of the Benefit
    Value Reduction (PNM) policy by AJB Bumiputera 1912 reflects the
    existence of legal uncertainty regarding the basic principles of law
    that demand clarity, consistency, and protection of the rights of
    legal subjects, in this case policyholders. The theory of legal
    certainty emphasizes that every policy taken must be based on
    applicable regulations, socialized transparently, and must not harm
    parties who have complied with their obligations according to the
    agreement. In practice, policyholders as members and owners of the
    company have fulfilled their premium payment obligations in the hope
    of obtaining benefits according to what is promised in the policy.
    After the agreement on the PNM policy promised in 2023 and 2024 but
    there is still no certainty of claim payments in that year until
    now. This has caused a loss of public distrust of insurance
    companies. This condition shows that AJB Bumiputera 1912 has not
    been able to carry out its legal responsibilities in full, because
    in addition to delaying the disbursement of claims, the company also
    reduces the rights of policyholders. Therefore, from the perspective
    of the theory of legal certainty, this action is contrary to the
    principle of guaranteeing rights that should be maintained by
    insurance companies as financial service business actors subject to
    state regulations.</p>
  </sec>
</sec>
<sec id="conclusion">
  <title>CONCLUSION</title>
  <p>Legal protection for policyholders in the implementation of
  post-PPSK Law claim payments has been normatively regulated in Article
  54 and Article 279 based on the Benefit Value Reduction Policy in
  Article 53, Article 55, and Article 56. With this provision, its
  implementation still faces obstacles, such as late disbursement, lack
  of transparency, and weak management accountability, which have the
  potential to harm policyholders. Therefore, in order for legal
  protection to be truly effective in accordance with the principles of
  justice, certainty, and benefit, strengthening of implementation in
  the field is needed as well as real commitment from regulators and
  company management.</p>
  <p>AJB Bumiputera has not fully implemented its obligations in the PNM
  policy implemented regarding the payment of claims that were not
  implemented on time in 2023 and 2024. This situation shows that AJB
  Bumiputera 1912 has not been able to fully implement its legal
  responsibilities, because in addition to delaying the disbursement of
  claims, the company also did not provide certainty that the payment of
  the claims would be implemented.</p>
  <p>It is necessary to provide legal protection that guarantees the
  certainty of policyholder rights, one of which is stated in Chapter
  VIII of the PPSK Law, namely the establishment of a Policy Guarantee
  Program to guarantee the protection element in insurance products
  mandated to the Deposit Insurance Corporation (LPS). The policy
  guarantee program aims to ensure the return of some or all of the
  rights owned by Policyholders, Insured, or Participants from Insurance
  Companies or Sharia Insurance. In addition, this program also plays a
  role in strengthening public trust in the insurance sector as a whole,
  so that it is expected to be able to encourage increased public
  interest in utilizing insurance services.</p>
</sec>
</body>
<back>
</back>
</article>
