Insurance Policies as Joint Property in Family Law: A Comparative Study of Indonesia and England

Abstract

The legal status of insurance policies as part of joint assets is an interesting study because there are no specific regulations related to this. This study aims to analyze the status of insurance policies by comparing laws in the field of family law between Indonesia and England. This study is a normative legal study with a conceptual, comparative, and legislative approach. In Indonesian law, loss insurance, although the premium is paid from joint assets, is not categorized as joint assets because its function is to replace losses. In contrast, life insurance can be considered joint or personal assets depending on the source of premium funds, the purpose of the insurance, and the applicable agreement. On the other hand, the English legal system, which is based on common law, assesses insurance policies in marriage based on precedents and factual considerations, such as the source of funds and the time of the claim, although it is not explicitly regulated in legislation. This comparison shows that although Indonesia and England have different legal systems—civil law and common law—both have similarities in the basic principles of assessing the legal status of insurance policies, namely a contextual approach and based on relevant legal facts.