Selvi Harvia Santri

Selvi Harvia Santri(1*)

(1) Universitas Islam Riau
(*) Corresponding Author


The use of diversion responsibility or reinsurance arrangements as a way for insurance companies to protect themselves from losses by cooperating with a reinsurance company. One reason for utilizing reinsurance is to distribute risk. Reinsurance becomes more understandable when insurance claims occur, and it is not possible to have reinsurance without having insurance first. The legal framework for insurance and reinsurance is explained in the Criminal Code or Law Number 40 of 2014 concerning business insurance. However, there is no provision that clearly defines what is meant by reinsurance, which can cause problems if there are insufficient answers regarding the company's reinsurance payment for losses. Therefore, legal certainty is necessary. The research objective is to determine the form of responsibility of the guarantor in reinsurance, and the normative law method is used. The Ex-Gratia Payment clause outlines the responsibility of the reinsurance company to the insured, allowing the insured to claim compensation from the insurer for reinsurance claims.


Insurance; Reinsurance; Responsibility; Insured; Insurer.

Full Text:



A W. (2020). Legal Protection for Life Insurance Policyholders. Business Economics, Communication, and Social Sciences. Business Economics, Communication, and Social Sciences , 2 .

Hartono. (1990). “Reinsurance, a need that cannot be ruled out by the insurer in order to fulfill its obligations towards the insured. Juridical Review . Diponegoro University.

Isaac. (2022). The principle of sharia compliance in financial technology. Journal of Legal Scholars , 8 .

J.A Ganie. (2011). Indonesian Insurance Law . Graphics Light.

KV A. (2020). Policyholder Protection In Life Insurance Is Associated With Investment Value. Unsrat Journal .

Mohammed. (2006). Indonesian Insurance Law. PT. Devotional Image.

NA Savitri. (2019). protection of the insured on life insurance under law no. 40 of 2014 concerning insurance. Journal of Magnum Opus Law , 2 .

SR Hartono. (1992). Insurance Law And Insurance Companies. Graphics Light.

Salahudin A T. (2022). Legal Protection for Insurance Users. JCH (Journal of Legal Scholars) , 8 .

Santri, Selvi H. (2018). Implementation of the subrogation principle in motor vehicle insurance according to the book of trade law laws. Uir Law Review , 02 , 354–369.

Selvi Harvia Santri. (2019a). Application of proxima cause principle in insurance of loss according to book of trade law and law no 40 of 2014. IJICC , 1 .

Selvi Harvia Santri. (2019b). Application of the principle of indemnity in motor vehicle insurance. UIR Law Review , 3 .

Selvi Harvia Santri. (2020). Legal Protection for Life Insurance Policyholders Against Determination of Standard Clauses. Journal of UIR Law Review , 4 (1).

Soejono Soekanto. (1982). Introduction to Legal Research . UI Press.

Soejono Soekanto. (2003). Principles of Risk Management and Insurance . Principles of Risk Management and Insurance.

Subekti. (2008). The Commercial Code and Bankruptcy Act (Wetboek Van Koophandel en Faillissements-Verordening).

Law No. 40 of 2014 concerning Business Per Insurance

Law No. 8 of 1999 concerning Protection Consumer



  • There are currently no refbacks.

Copyright (c) 2023 JCH (Jurnal Cendekia Hukum)

Creative Commons License
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Published by STIH Putri Maharaja Payakumbuh

 Indexing by