Ex gratia as an alternative for settlement of insurance claims outside the court

Abstract

The ex-Gratia Compensation Scheme was introduced by the Government of Indonesia in 1994 to provide compensation, which is not covered by any prior legislation, for all its workers suffering from injuries and illnesses due to work. This study explores a key aspect of insurance policies in Indonesia, e.g., ex gratia payment to the insured individual by their insurance company. This study argues that several issues still exist in the insurance business in Indonesia that require a change in policies and regulations by the government for the welfare of the Indonesian people, especially the vulnerable. This paper seeks to address the question of how the ex gratia rule can be used to solve insurance claim disputes. In other words, are insurance claims always approved by insurance companies under the ex gratia rule? This study reveals that despite more than 10 years of implementation, the ex gratia claims filing is still minimal and unpopular. This is mainly due to the population’s unawareness of the provisions of ex gratia and its benefits.

Keywords

• contract
• insurance company
• insurance policy
• claim
• ex gratia
• good faith