Perlindungan Hak Pekerja dalam Likuidasi Perusahaan Asuransi Mutual: Studi Analisis Ekonomi atas Hukum

Abstract

The liquidation of insurance companies raises significant concerns when available assets are insufficient to meet obligations to workers, policyholders, and creditors. The complexity increases in mutual insurance companies because policyholders hold a dual position as both insured parties and collective members or owners, while workers’ rights must remain protected following the termination of employment. This study aims to analyze the protection of workers’ rights in the liquidation of mutual insurance companies, compare it with the position of policyholders, and examine the fairness and efficiency of asset distribution through the Economic Analysis of Law approach. This normative legal research employs statutory, case, conceptual, and comparative approaches, examining AJB Bumiputera 1912, Wanaartha Life, and mechanisms applicable in the United States and the United Kingdom. The findings indicate that the normative priority accorded to workers’ rights does not necessarily guarantee adequate economic recovery, as it depends on asset sufficiency, liquidation costs, and the structure of corporate liabilities. The novelty of this study lies in integrating the mutual character of insurance companies, workers’ protection, policyholder priority, and economic efficiency to establish a fairer and more certain liquidation mechanism.