金融服务部门对违约保险公司的刑事执法

Indah Kusuma Wardhani
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引用次数: 0

摘要

目前,保险公司违约的案例很多,导致投保人在发生不确定事件时难以获得赔付。而且,这种违约情况多发生在大型保险公司,使得公众对保险公司的信任度降低。在这些不同的案例中,原因之一是金融服务管理局(OJK)对金融服务行业的监管和执法不力。本研究的目的是分析金融服务部门对违约保险公司的犯罪行为的执法情况。本研究属于规范法学研究,旨在研究以法律法规形式适用于金融服务领域犯罪行为的积极法律规范。本研究有望为印尼保险业管理局提供建议,以便其立即改进金融服务领域刑事执法的法律结构和法律文化,从而保护投保人,创建健康的保险公司,恢复公众对印尼保险业的信任。在规范法学研究中,所研究的数据仅为二级数据,包括一级、二级和三级法律材料。研究结果表明,由于印尼司法部调查人员数量有限,缺乏有关金融服务领域刑事调查的知识和技术技能,缺乏设施、基础设施和资金,以及保险公司经理、印尼司法部调查人员和公众的法律文化水平较低,因此在保险公司违约的情况下,金融服务领域犯罪行为的执法工作无法达到最佳效果。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal Law Enforcement in The Financial Services Sector in Case of Insurance Companies That Have Defaulted
At this time, many cases of insurance companies have defaulted so that policyholders have difficulty getting compensation payments when an uncertain event occurs. Moreover, this default case occurs in large insurance companies which makes public trust in insurance companies reduced. Of these various cases, one of the causes is the weak supervision and law enforcement in the financial services sector carried out by the Financial Services Authority (OJK). The purpose of this study is to analyze the enforcement of criminal acts in the financial services sector in the case of insurance companies that have defaulted. This research is normative juridical research that examines positive legal norms that apply in the form of laws and regulations regarding criminal acts in the financial services sector. This research is expected to provide input to OJK to immediately make improvements to the legal structure and legal culture in criminal law enforcement in the financial services sector to protect policyholders, create a healthy insurance company, and restore public trust in the insurance industry in Indonesia. In normative juridical research, the data studied are only secondary data that include primary, secondary, and tertiary legal materials. The results showed that law enforcement of criminal acts in the financial services sector in the case of insurance companies that defaulted could not be optimal due to the limited number of OJK investigator personnel, lack of knowledge and technical skills regarding criminal investigations in the financial services sector, lack of facilities, infrastructure, and funds, as well as low legal culture from insurance company managers, OJK investigators, and the public.
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