Prasya, Petitioner’s Legal Counsel for Petition No. 25/PUU-XXIV/2026, Putri Ramadhani (center), accompanied by Eliadi Hulu (right), at the petition revision hearing in Courtroom, on Monday (2/9/2026). Photo by MKRI/Fauzan.

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JAKARTA (MKRI) - The Constitutional Court (MK) held another hearing on Ng Kim Tjoa's petition to challenge the constitutionality of Article 304 of the Commercial Code (KUHD) on Monday, February 9, 2026. The second hearing of Petition No. 25/PUU-XXIV/2026, presided over by Chief Justice Suhartoyo together with Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah, was scheduled to hear the main points of the Petitioner's petition revision.

Eliadi Hulu, the Petitioner's Legal Counsel, stated that he had added a philosophical basis, theory, and comparative sources with other countries to the main points of the petition. He also revised the legal standing section, stating that the petition had a causal relationship between the losses suffered by the Petitioner and the articles being challenged. Eliadi continued, explaining that the norm did not provide legal protection and certainty for the Petitioner as a beneficiary of the insurance company. Therefore, based on this legal uncertainty, the Petitioner suffered losses as alleged in the petition, which resulted in the delay or rejection of claims filed with the two insurance companies.

"Then, in the posita section, we have also added arguments contained in the doctrine of constitutional law. Then, the Petitioner has also added evidence of the marital relationship between the Petitioner and the deceased Insured by attaching a marriage certificate and marriage book. We have also explained regarding the policy, that the policy is the main agreement of the insurance relationship, so that outside of that there are no additional agreements and the policy is the main agreement. Therefore, the terms of the claim must be expressly regulated in the policy," explained Eliadi reading the main points of the Petitioner's petition revision.

Also read:

Requesting Insurance Claim Requirements be Regulated in a Final and Rigid Manner in Commercial Code Review

Previously, in the Preliminary Examination Hearing held on Monday, January 26, 2026, Petitioner argued that in an insurance agreement, an insurance policy is a contract that regulates the rights and obligations between the insurer and the policyholder or insured. Once agreed, the policy binds both parties to comply with its provisions. As a crucial document, the policy should rigidly and definitively stipulate the conditions that must be met by the insured or policyholder if they wish to file a claim.

However, in practice, the claim requirements stipulated in the policy often disadvantage the policyholder or insured, because insurance companies insert open-ended provisions into the clauses governing the claim requirements, as experienced by the Petitioner. As a result, the insurer can impose additional requirements beyond those agreed upon in the policy. Therefore, the law needs to intervene in the contents of the policy, particularly those governing the claim requirements, to ensure they are regulated rigidly and definitively.

The Petitioner believes that the provisions of Article 304 of the Commercial Code only regulate insurance policies that contain certain administrative elements, such as the identity of the parties, the period of coverage, the amount of coverage, and the premium, without requiring the inclusion of definite and rigid terms and procedures for claiming the insurance money. This then results in several things, including the insured not knowing for sure from the outset the documents and requirements that must be met to obtain claim payment; insurance companies have normative flexibility to interpret or even add claim conditions outside of what is stipulated in the policy; claim conditions are often only known after the risk event occurs, so that the insured is in a position where it is unable to avoid or reject these conditions.(*)

Track case  No. 25/PUU-XXIV/2026

Author      : Sri Pujiati
Editor       : Lulu Anjarsari P.
PR            : Raisa Ayuditha Marsaulina.
Translator : Donny Yuniarto

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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