ONLINE INSURANCE EXISTENCE IN INDONESIA BASED ON ISLAMIC LEGAL PERSPECTIVE AS A PROTECTION OF SPIRITUAL RIGHTS

Abstract

Globalization era requires Indonesia to always use technology and information in improving economy. This also applies to insurance companies that have implemented technology and information. Conventional insurance has developed into online one that attracts Indonesian citizen. However, today new issue is about protecting the spiritual rights of consumers as well as the halal or haram of online insurance. Answering this problem, this research will use normative juridical (doctrinal) method that prioritizes primary legal material i.e. insurance laws, consumer protection laws, and other legal materials. This research shows the existence of online insurance in Indonesia which rapidly develops because it offers more conveniences compared to conventional one. In Islamic law, online insurance is allowed as long as it is in line with Islamic law principles in protecting consumers’ spiritual rights. The example of sharia principle is cooperation by paying tabarru’ funds, using tabarru’ and tijarah agreement, and sharing similar responsibility between one participant and others (ta’awun). The legal basis for insurance in Indonesia is contained in the 2014 Law Number 40 and MUI Fatwa Number 21/DSN-MUI/X/2001.