Insurance Affidavit Template for Indonesia
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What is a Insurance Affidavit?
The Insurance Affidavit is a crucial document in Indonesian insurance practice that serves as a formal, sworn statement providing verified information about insurance-related matters. This document type is commonly used when formal verification of insurance-related facts is required, such as during claims processing, policy disputes, or regulatory compliance procedures. The affidavit must be executed in accordance with Indonesian law, particularly Law No. 40 of 2014 on Insurance and relevant OJK regulations, and requires notarization to be legally valid. Insurance Affidavits can be used across various scenarios, including but not limited to confirming policy details, documenting loss circumstances, verifying beneficiary information, or attesting to the authenticity of insurance-related documents. The content and format must comply with Indonesian legal requirements for sworn statements while addressing specific insurance-related matters at hand.
About the Insurance Affidavit
An Insurance Affidavit is a legally binding document that allows you to make formal sworn statements about insurance-related matters under Indonesian law. This document serves as crucial evidence in insurance proceedings and must comply with strict legal requirements to ensure its validity and enforceability in Indonesian courts and regulatory proceedings.
When do you need this document?
You'll need an Insurance Affidavit in various insurance-related situations. During claims processing, insurance companies may require you to provide sworn statements about the circumstances of a loss or damage. If you're involved in policy disputes, this document helps establish facts under oath. The Financial Services Authority (OJK) may require affidavits for regulatory compliance and investigations. You might also need one when verifying beneficiary information, confirming policy details to third parties, or attesting to the authenticity of insurance-related documents. Estate proceedings often require Insurance Affidavits to establish policy ownership and beneficiary rights.
Key legal considerations
Your Insurance Affidavit must include specific elements to be legally valid. The document requires a clear title identifying it as an Insurance Affidavit under Indonesian jurisdiction, complete affiant information including full legal name and identification details, and a formal oath declaration. You must provide detailed insurance policy information including policy numbers, types, and relevant dates. The statement of facts section should contain specific, factual information relevant to your insurance matter, avoiding opinions or speculation. Include a penalty of perjury clause acknowledging legal consequences for false statements, and ensure proper notarization by an authorized Indonesian notary. Remember that making false statements in an affidavit constitutes perjury under Indonesian criminal law and can result in serious legal consequences.
Legal requirements in Indonesia
Indonesian law imposes specific requirements for Insurance Affidavits under Law No. 40 of 2014 on Insurance and related regulations. The document must be executed before an authorized notary public as required by Law No. 2 of 2014 on Notary Position. Your affidavit must comply with OJK Regulation No. 23/POJK.05/2015 regarding insurance products and marketing requirements when relevant. The Indonesian Civil Code provides the contractual framework that governs the enforceability of your sworn statements. Under Law No. 8 of 1981, your affidavit may serve as legal evidence in criminal proceedings, making accuracy crucial. The Financial Services Authority has specific documentation requirements that your affidavit may need to satisfy depending on the purpose. Ensure your document is prepared in Indonesian language or includes certified translations, contains proper legal citations, and follows Indonesian formatting standards for legal documents to ensure acceptance by courts and regulatory bodies.
GOVERNING LAW
Applicable law
This Insurance Affidavit is drafted to comply with Indonesia law. Key legislation includes:
Indonesian Civil Code (KUH Perdata): Provides the basic framework for contract law in Indonesia, including formation and enforcement of contracts, which applies to insurance agreements
OJK Regulation No. 23/POJK.05/2015: Regulations from the Financial Services Authority (OJK) on insurance products and marketing of insurance products
Law No. 8 of 1981 (Criminal Procedure Code): Contains provisions regarding affidavits and sworn statements as legal evidence in Indonesian law
Law No. 2 of 2014 on Notary Position: Governs the authentication of documents and sworn statements by notaries in Indonesia
OJK Regulation No. 69/POJK.05/2016: Regulates the business conduct of insurance companies, including claims handling and customer protection
Minister of Finance Regulation No. 152/PMK.010/2012: Provides guidelines on good corporate governance for insurance companies, which includes documentation requirements
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