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ANALISA HUKUM TERHADAP PEMBERIAN BANK GARANSI Dr PT. BANK RAKYAT INDONESIA (PERSERO) TBK CABANG CIKARANG

MUHAMMAD TSAQIB IDARY, SH, Prof. Dr. Nindyo Pramono, SH., M.S.

2015 | Tesis | S2 Magister Hukum

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In this globalitation era, businessman compete to develop their business with the tig0ht competitiveness, businessman besides need law to ensure rule of law in their action, also need banking institution to ensure their certainty of business. One of the banking activity that use by the businessman is Bank Guarantee. Bank Guarantee is published toensure creditor’s importance if the debitor break a promise. If the debitor break a promise, so the kreditor could raising claim of the Bank Guarantee. Bank Guarantee has a function to push banks to help fluenting the flow of goods and services and bond trading. Bank Rakyat Indoneia as one of healthy banking institution gives bank guarantee facility to accelerate business activity. In executing to give bank guarantee of Bank Rakyat Indoneia, there is a main problem that is how execute in giving bank guarantee of Bank Rakyat Indoneia and the obstacles of settlement way of the giving the bank guarantee. As regards, approaching method which is used is juridical empire observations which is need to solve observation object by observing the secondary data to primary data in the field so that can solving the problem and in the end can take conclusion whether the policy of Bank Rakyat Indoneia to execute in giving bank guarantee has fulfilled the Indonesia Central bank regulations. There is four kinds of bank guarantee in Bank Rakyat Indoneia, namely : Bid Bond, Advanced Payment Bond, Perfomance Bond, Retention Bond. For once issuing bond of any kind of bank guarantee equally charge one hundred thousands rupiahs fee and the provision which is depends on the agreement between bank and the customer base of the value of the bond. In bank guarantee there is a contra guarantee from the customer which is given for the bank whwnever there is a claim of the beneficiary. Bank Rakyat Indoneia as theguarantor so that there is a guarantee for bank that the customer definitely pay when there is a claim.

Kata Kunci : Bank Guarantee


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