Summary: | The inclusion of life insurance clause in the credit agreement is a form of
credit protection, and also as an instrument for the protection of the debtor's risk
of death. Therefore, the aim of this research is to understand, analyze and explain
the legal relationship between the debtors, banks, and insurance companies in the
credit agreement of a bank which includes life insurance clauses, the legal effect
of the inclusion of the clause on life insurance, and legal protection for debtors.
This research is using normative legal research, so that the material used in
this research is a secondary data which consist of primary legal materials and
secondary legal materials. The analysis of the data used in this research is a
descriptive qualitative by search and gather the data that has to do with the object
and the problems studied, and then retrieved and compiled systematically to
obtain a clear and complete picture, in order to obtain answers and conclusion of
the problems studied.
This research concluded that the debtors, banks, and insurance companies
in the credit agreement that outlines the life insurance clause does not create legal
relations that ensure the fulfillment of rights of the parties, especially the debtor.
Legal consequences of the existence of the insurance clause in the credit
agreement, in addition to the obligation to pay the mortgage loan, debtors are also
required to pay insurance premiums. The inclusion of life insurance clause is still
not able to give legal protection to the debtor as provided in the KUHPerdata,
KUHD, as well as UU Perlindungan Konsumen.
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