Is the Insurance Policy Mandatory to Use Stamps? ~ Insurance Academy

Not only the question of whether the epolicy is legal and legally permissible, the question of whether the insurance policy is required to use stamp duty is also raised by many customers. Both questions relate to the principle of legal certainty.

Read: Electronic Policy or e-policy Is it Legal?

Insurance policy is one of the important evidences to protect consumers and prove the insurance agreement itself. Without face-to-face contact and the form of the policy that is sent in the form of a softfile via email, the stamp duty itself cannot be included in the policy. Whereas Article 2 of Law 13 of 1985 has explained the various documents that are subject to Stamp Duty. From the contents of the law, it is clear that the policy includes documents that are subject to stamp duty. Meanwhile, the documents referred to in Article 1 paragraph (2) letter a of Law Number 13 of 1985 concerning Stamp Duty are:

“Documents are paper containing writings that contain meaning and intent regarding actions, circumstances or facts for a person and/or interested parties;”

Thus, the e-policy which is an electronic document cannot be charged with stamp duty. In practice, because the e-policy is sent by the system to the insured directly via email, there is no stamp duty on the e-policy.

An agreement if there is no stamp duty in it is basically still valid because the legal requirements of an agreement are in accordance with Article 1320 of the Civil Code. The absence of a stamp does not make an agreement invalid. The principle of legal certainty as stated in Article 2 of Law Number 8 of 1999 concerning Consumer Protection is intended so that both business actors and consumers obey the law and obtain justice in the implementation of consumer protection, and the state guarantees legal certainty.

Credit picture: Liputan6.com