Jakarta, Kominfo – The Director General of IT Applications, Semuel Abrijani Pangerapan, said there must be a legal basis in the processing of personal data. This basis exists at least in the form of the consent of the data subject. In other words, in principle, what is insured in a policy is the interest of the insured associated with the object of the insurance (the object of the coverage), and not the object of the insurance physically or externally. From the above definition, when described in detail, four important elements of insurable interest stand out, namely: The filing of an action must be made in writing and addressed to the president of the regional court in the field of the defendant. The claim is then registered with the Registrar (PN) to obtain a file registration number. The applicant must deposit a sum of money. If a power of attorney is granted to a lawyer or person, it must be accompanied by a power of attorney representing the applicant`s interests in court. Insurable interest may arise as a result of applicable legislation that ensures that a person has an interest in damages suffered by themselves or other parties. The legal provisions of UK tort law are an example of this. The law states that everyone has a duty of care so that other people or people do not suffer losses. If his duty of care is breached, for example, if negligence was committed that caused damage to another person, he must be liable to pay damages to the other person.
In the lawsuit, WALHI held the defendants responsible for the natural disaster. Above all, the accused did not try to prevent the disaster, in which 167 people lost their lives. Dr. Sri Rejeki Hartono, S.H., in his book «Insurance Law and Insurance Company», first published in June 1992, defines the word «interest» or interest as participation in financial losses due to an uncertain event. Meanwhile, Dorhout Mess defines the word «interest» as a purely economic factor that makes it difficult to obtain a legal limit. From the above understanding and definition, the elements or elements of insurable interest can be described in detail, namely: In Law No. 32 of 2009 on Environmental Protection and Management (PPLH Act), the legal basis of the party seeking standing is as follows: In addition, this insurable interest in the insured may result from the applicability of the following points: Although there is no generally correct definition, it can be concluded from the above that insurable interest is: The right to insurance, resulting from the existence of a financial relationship between the insured and the object of coverage, protected by law or valid under applicable law. Legal parties act on the basis of the interests of the general public due to violations of public rights such as civil rights, environmental rights, consumer protection and political rights. The meaning of this element of insurable interest is also contained in Article 250 of the Criminal Code, which provides: «If a person who had coverage for himself at the time of protection, or a person for whom coverage exists, does not have such an interest in the insured property, the insurer is not obliged to pay compensation.» With respect to the subsection, it is clear that if it is found that the truth is established that the insured object does not meet the element of insurable interest, the insurer or insurance company may refuse to submit a claim payment. Thus, the common law creates an insurable interest for persons who have potential liability. «Every piece of data must have a legal basis, at least there are several legal bases, including consent when someone consents to the processing of their personal data,» he explained at the seminar on the legal aspects of data commercialization in Indonesia at The Darmawangsa, Jakarta, on Tuesday (6/8/2019).
Basically, insurable interest has different definitions because it is generally casuistry. However, there is a definition that can be used to explain what an insurable interest is, namely the legal insurance claim arising from a legally recognized financial relationship between the insured and the insured object. The free translation of this definition is that the insured must have a legal right to insure a risk arising from financial relationships. The relationship between the insured and the object of the insurance must be legally protected or recognized. In addition, the claim for interest with money (monetary interest) on the insured object must be evaluated. These include property (property), events that can legally cause loss (loss of a legal right) and legal liability (legal liability). The right to sue environmental organisations or NGOs is limited by Article 92(1). This means that only NGOs committed to the environment can be prosecuted. In addition, Article 92(3) of the PPLH Act sets out the criteria for NGOs to take legal action before the courts. The section reads in part: For example, the lessee of an office building is responsible for the maintenance or repair of the office building that the tenant leases under the lease it has with the owner of the office building. In such a case, the lease or agreement confers on the tenant an insurable interest that would not have existed without the contract or agreement.
Therefore, the tenant can insure the risk of loss for the office building he is renting. The environment is an important element for the life of living beings that must be preserved. Of course, when the environment is damaged or polluted, there are effects that other living things feel. In addition, the perpetrators of environmental destruction should be punished in order to feel the deterrent effect and not want to repeat themselves. One of the most important things that can be used to prosecute the offender is legal status. Here is the full explanation. According to the CEO of Aptika, there are several other forms of legality, namely contractual necessity or legal obligation.