Keabsahan Perjanjian Asuransi Melalui Telemarketing dengan Perekaman Suara Sebgai Alat Bukti

Susanto, Angga Hendiarto (2019) Keabsahan Perjanjian Asuransi Melalui Telemarketing dengan Perekaman Suara Sebgai Alat Bukti. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

In this digital era, the development of insurance led to new innovations related to marketing methods in offering insurance products. The insurance company in its innovation utilizes telecommunication networks by telephone as an offer promotion in offering insurance products which can be called Telemarketing Insurance. This insurance service product uses a form of marketing where prospective insured parties can purchase insurance products without the need to meet face to face and sign a written agreement. In the Commercial Law Act Article 255 explains that the insurance must be made in a deed form called a Policy and it must be signed. The validity of the agreement through telemarketing is taken into consideration because in the agreement there is no written policy so that the validity of an agreement is questionable. Based on the principle of the agreement, it must be done in good consideration as in the contract agreement. If a verbal agreement occurs, there will be a case when the policy is not issued by the party because the written evidence is not legitimately acceptable by using Talking Records via telephone and it can not be considered as evidence as stated in the Information and Electronic Transaction Act (ITE) in Article 5. Records of telephone conversations in the evidence category according to the Civil Code in article 1866 is mentioned in the form of evidence of the Conjecture so that it affects the legal force of this evidence which is not the same as the power of law as complete written evidence so that other proofs must be submitted such as letters or written evidence

Item Type: Thesis (Undergraduate)
Uncontrolled Keywords: insurance, ITE, and evidence
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum
Depositing User: Didik Ahmad
Date Deposited: 05 May 2021 05:57
Last Modified: 05 May 2021 05:57
URI: http://repository.untag-sby.ac.id/id/eprint/9061

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