LEGAL PROTECTION FOR BANK CUSTOMERS WHO SUFFER LOSSES DUE TO THE OFFERING OF INSURANCE PRODUCTS VIA TELEPHONE (TELEMARKETING)

Abstract

Background. Insurance is integral to human civilization, arising from the fundamental human need for security and protection against potential risks. In the modern financial landscape, the sale of insurance products through telemarketing has become a common practice within the banking sector.

Objectives. This research aims to analyze the legal protection afforded to bank customers who suffer losses resulting from insurance product solicitations via telemarketing. The analysis focuses on the validity of insurance agreements concluded over the telephone and the corresponding consumer protection.

Methods. This study employs a normative juridical research method, exclusively utilizing secondary data relevant to the research object.

Results. The findings reveal that insurance agreements concluded via telemarketing are considered legally valid even without a physical signature, as they are based on the verbal consent of the parties involved. This is supported by Article 258 of the Indonesian Commercial Code (KUHD), which stipulates that evidence of an agreement, such as a preliminary note or a recorded conversation, is sufficient to prove the contract's existence. The overarching principle of legal protection in Indonesia is rooted in the recognition and protection of human dignity as derived from Pancasila.

Conclusion. Based on the analysis of existing regulations, legal protection for customers in this context manifests in two forms: preventive and repressive legal protection.

Implications. Preventive protection is designed to avert disputes before they arise, whereas repressive protection focuses on resolving disputes after they have occurred.