PENYALAHGUNAAN PENERIMAAN KLAIM ASURANSI OLEH LESSOR PT. MANDIRI TUNAS FINANCE KOTA BENGKULU YANG MENGAKIBATKAN KERUGIAN TERHADAP LESSEE

Hadi Karsono, Pratama and Tito , Sofyan and Helda, Rahmasary (2013) PENYALAHGUNAAN PENERIMAAN KLAIM ASURANSI OLEH LESSOR PT. MANDIRI TUNAS FINANCE KOTA BENGKULU YANG MENGAKIBATKAN KERUGIAN TERHADAP LESSEE. Masters thesis, Fakultas Hukum, UNIB.

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Abstract

Leasing as a financing activity companies are basically motivated by economic demands.Facilities held by the leasing company as greatly easing consumer finance companies that lack the capital to purchase the equipment leasing business supporting an alternative . Execution of the lease agreement that refers to laws and regulations , there are times when the practice field is not in accordance with the procedures even violate legislation relating to leasing activities . Based on such grounds in lifting problem in the case of Acceptance Insurance Claims Abuse By Party Leasing PT . Mandiri Tunas Finance Bengkulu city in terms of ( 1 ) How to process insurance claims handling abuse resulting in losses to the lessee , and ( 2 ) how the lessee legal efforts undertaken in tackling this problem . The results and discussion of the data obtained that report received and forwarded to police investigators Sub Directorate Reskrimsus I Indagsi (Industry , Trade and Investment ) Bengkulu Police , followed up in the investigation based on the lessee's statement of material losses in terms of money on insurance claims incurred PT Son Jasarharja Bengkulu . In this case the unlawful act committed party lessor PT Mandiri Tunas Finance in the implementation of the insurance agreement that has not been registered fiduciary against a vehicle leasing object in it and also to the lease agreement . Conclusion on this issue (1 ) that the agreement is carried out by PT Mandiri Tunas Finance lessor to the lessee is legally flawed . Because the lease agreement has not been registered and insured object fiduciary , in this case the investigator may conduct an investigation in this case the alleged right violated Law No. 42 of 1999 on Fiduciary and / or 372 of the Criminal Code of embezzlement . ( 2) The efforts made by the lessor PT Mandiri Tunas Finance has been acting in good faith to assist the lessee material losses incurred by the lessee's requirements prior to appeal. Insurers also refund the cost of the withdrawal of four-wheeled vehicle which is the object of coverage .

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