IMPLIKASI HUKUM TERHADAP DEBITUR KREDIT UMKM YANG MENINGGAL DUNIA DAN TIDAK DAPAT MENGKLAIM ASURANSI JIWA AKIBAT KEPAILITAN PERUSAHAAN ASURANSI

Abstract

The death of a Micro, Small, and Medium Enterprises (MSME) debtor who still has outstanding loans with financial institutions presents a complex legal issue, especially when the repayment is guaranteed by life insurance that becomes unclaimable due to the insurer’s bankruptcy. This study aims to examine the legal status of debt repayment obligations by the heirs under such circumstances and analyze the legal framework protecting debtors and their heirs in cases of insurance company insolvency. The research employs a normative juridical approach using descriptive analysis techniques. The findings indicate that heirs remain legally responsible for the remaining debt if they accept the inheritance in full, while the insurance coverage becomes ineffective when the insurer is bankrupt. The regulatory gap regarding insurance policy guarantees causes significant losses to heirs, emphasizing the need for stronger regulation and the establishment of a policy guarantee institution. This study recommends the formulation of new regulations that provide preventive and curative legal protection in MSME financing involving insurance.