PRINSIP INDEMNITAS DALAM ASURANSI KERUGIAN SYARIAH

Abstract

The purpose of research is to identify and analyze whether the indemnity principle as one of the main principles of conventional insurance is compliance with sharia insurance principle. This study also discusses the implementation of the indemnity principle in PT. Asuransi Takaful Umum as the first sharia insurance company in Indonesia. This research is an empirical legal research, which is based on secondary data such the basic norms, basic rules, legislation and the books. Then continued with research on primary data in the field. All data were analyzed with qualitative methods. The results showed that the indemnity principle is compliance with the principles of Islamic contract, especially with the justice principle that requires the parties in a contract to get a balanced profit. PT. Asuransi Takaful Umum already implemented the indemnity principle that can be seen since the registration process of the insurance that obligate the insurance participant to fill the complete data related to the value of the insurance object. Moreover, the implementation of indemnity principle also can be seen from the insurance policy that contained with maximum value of claim and the rate of contribution. In addition, the indemnity principle was clearly implemented at the claim process by the calculation of claim value based on conclusion and also by the verification of the real loss of insurance object. Keywords: Indemnity Principle, General Insurance, Sharia Insurance.