Pertanggungan Asuransi Jenis TLO (Total LossOnly) dalam Prespektif Hukum Ekonomi Syariah (Studi Analisis Putusan Nomor : 1221/Pdt.G/2009/PA.Jakarta Selatan)

Waskito, Waskito (2016) Pertanggungan Asuransi Jenis TLO (Total LossOnly) dalam Prespektif Hukum Ekonomi Syariah (Studi Analisis Putusan Nomor : 1221/Pdt.G/2009/PA.Jakarta Selatan). Masters thesis, IAIN PURWOKERTO.

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Abstract

The dispute of a differentiation between the a party with the other parties in resolving or interpreting some circumstances, where one of the parties does not comply with or fulfill an agreed arrangement. As the verdict No: 1221/Pdt.G/2009/PA South Jakarta District Court. Where there is a dispute between PT.Bank Muamalat Indonesia and PT. Asuransi Takaful Umum regarding non- fulillment of the claim for insurance coverage types TLO. In the decision the judges of Religious Court made the decision to the various considerations. The dispute that occurs becouse of a difference between a party to others in completing or interpreting a case, where one of parties that do not comply or keep an agreed arrangement. As the case decision no 1221/Pdt.G/2009/PA South Jakarta Religious Court, where there is a dispute PT Bank Muamalat Indonesia with PT Asuransi Takaful Umum regarding non-fulfillment of the claim for insurance coverage types TLO (Total Loss Only). In the decision the judges of South Jakarta Religious court give judgment that cannot accept the verdict. The focus of this research is how the insurance coverage types TLO (Total Loss Only) disputed between PT Asuransi Takaful Umum with PT Bank Muamalat Indonesia in the concept of Sharia economy law which court with jurisdiction over the type of insurance coverage TLO (Total loss Only) disputed between PT Asuansi Takaful Umum with PT Bank Muamalat Indinesia. This study included library research, where the data was obtained from the writings related to the subjects, furthermore, the data were analyzed qualitatively. In this study conducted using an approach using the normative juridical method that uses legis Positivist research, which states that the law is identical with the norms made written and enacted by institutions or authorities. Data collection methods take inventory of rule of law, offical documents and other official literature. in addition, by documenting the copy of the decision of the case No 1221/Pdt.G/2009/PA Jakarta Selatan. This study shows that the type of insurance coverage TLO (Total Loss Only) disputed between PT Asuransi Takaful Umum with PT Bank Muamalat Indonesia in practice implementation is not fully using the legal concept of Sharia economy, where there is a variation in the implementation that has murabahah contract, while the technical implementation using marine hull insurance which will be subject to English law. While the courts are competent to try the case in religious Court based on history, subject to the two parties of litigant and the provisions of the law on religious courts the task of the authority to receive and adjudicate cases of Sharia Economic disputes.

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