PRANATA HUKUM
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Jurnal Pranata HukumLaw Faculty of Universitas Bandar Lampungen-USPRANATA HUKUM1907-560XLEGAL PROTECTION FOR THE PARTIES AS A PREVENTIVE AFFORT AGAINST DISPUTES IN HEALTH INSURANCE CLAIMS
https://jurnalpranata.ubl.ac.id/index.php/pranatahukum/article/view/403
<p style="font-weight: 400;"><em>The central idea of this research is to propose an ius constituendum for legal protection of the parties involved in order to prevent disputes in health insurance claim settlements. This study is a <strong>normative legal research</strong>, employing both <strong>conceptual and statutory approaches</strong>, with the urgency of legal protection and the ius constituendum of legal protection in health insurance agreements serving as the primary legal issues. The findings reveal that the <strong>frequent occurrence of disputes</strong>, coupled with the fact that health insurance agreements are often <strong>adhesion contracts prone to abuse of circumstances</strong>, highlights the urgency of strengthening legal protection. Such protection should be enhanced particularly in the form of <strong>preventive legal measures</strong>, including regulations that prohibit unfair standard clauses in health insurance contracts and the establishment of a <strong>mandatory pre-contractual assessment</strong> before the insured signs the agreement. These elements can be regulated through <strong>Financial Services Authority Regulations (POJK)</strong>.</em></p>Denny Ardhi WibowoFajar SugiantoSanggup Leonard Agustian
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2025-07-312025-07-3120210.36448/pranatahukum.v20i2.403THE BINDING POWER OF ELECTRONIC SIGNATURES IN CIVIL AGREEMENTS: A COMPARATIVE STUDY OF THE CIVIL CODE AND ELECTRONIC INFORMATION AND TRANSACTIONS LAW
https://jurnalpranata.ubl.ac.id/index.php/pranatahukum/article/view/408
<p><em>Advances in information technology have brought significant changes in the way people draft and agree to agreements, including through the use of electronic signatures. In the legal context in Indonesia, the existence of electronic signatures has been given legitimacy through the Electronic Information and Transactions Law (UU ITE). However, on the other hand, the conventional civil law system is still based on traditional principles regulated in the Civil Code (KUHPerdata). This study aims to examine the extent of the binding force of electronic signatures in the realm of civil agreements, while at the same time comparing the approach of the Civil Code and the provisions of the ITE Law. The research was conducted using a normative legal method, through a review of laws and comparative legal analysis. The results of the study show that although normatively the ITE Law has provided a legal standing for electronic signatures, the Civil Code has not fully adapted to the dynamics of digital law. This inequality can raise doubts in practice, especially in terms of proof and validity of contracts. For this reason, steps are needed to harmonize classical civil regulations and digital laws and regulations in order to provide legal certainty for the parties in agreements made electronically. </em></p>Dahlan DahlanAnza Ronaza BangunTaruna Prakarsa
Copyright (c) 2025 PRANATA HUKUM
https://creativecommons.org/licenses/by/4.0
2025-07-312025-07-3120210.36448/pranatahukum.v20i2.408