Tinjauan yuridis atas Surety Bond dalam perjanjian pemborongan dihubungkan dengan Keputusan Presiden Nomor 80 tahun 2003 tentang Pedoman Pelaksanaan Pengadaan Barang/Jasa Pemerintah

HANIDA, Eliyus Titin, Prof.Dr. Nindyo Pramono, SH.,MS

2007 | Tesis | S2 Ilmu Hukum (Magister Kenotariatan)

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The role of assurance law in surety bond activity is could not doubt, especially for surety bond as assurance for Agreement Stocking in Procurement government project by released the President decision No. 80 Tahun 2003 about the implementation guidance of procurement for government good and services. Before the monetary crisis, when the bank required to fulfill the necessary think, so that the government give the allowance assurance process by surety bond without the assurance thing or collateral that could be used to assure the project. This research was the normative juridical by object the law principal and the currently rule supported by empirical data. The data used come from the field and the literatery that continued by qualitative analyze. The result shows that the survey bond give the low law assurance, especially for obligee and surety company. That is no appropriate with the rule in surety contract and indemnity agreement to surety that reveal that to solve the claim the surety company should show the loss situation and followed to release the claim. In practice, the principal is not written proof that it’s done. Beside that, the right to require the replacement that have been paid by surety company is too difficult to be done because the indemnity agreement to surety done by disappear official contract that not strongly effect. For that, supposed that the indemnity agreement to surety formed using the authentic official contract in notary public, so the surety company should have the appraiser to appraise the achievement to less the risk in next time and direct control how the job due to the contractor be more responsible.

Kata Kunci : Hukum Jaminan,Perjanjian Pemborongan,Surety Bond