Analisis Kepastian Hukum Dalam Pelaksanaan Perjanjian Bank Garansi (Studi Kasus, Putusan Pengadilan Negeri Palembang No. 71/Pdt.G/2014/Pn Plg)

Sibarani, Jonrib (2019) Analisis Kepastian Hukum Dalam Pelaksanaan Perjanjian Bank Garansi (Studi Kasus, Putusan Pengadilan Negeri Palembang No. 71/Pdt.G/2014/Pn Plg). S2 thesis, Universitas Kristen Indonesia.

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Abstract

The background of writing this thesis originated from the agreement contract between Ministry of Public Works and PT. Karya Sarana Sejahtera Abadi, for implementation of a Primary and Secondary Channel Development. The work is based on the agreement contract letter number: 04 / SP-Ah / IR-II / 2003 dated May 22nd 2013, with the overall contract value Rp. 12,681,772,000, -, with working duration for 180 calendar days, from May 22nd 2018 to November 17th 2013. In the implementation of the contract, it requires a bank guarantee agreement where Bank BNI as the giver of the bank guarantee, PT Karya Sarana Abadi as the guaranteed party and the Ministry of Public Works as the recipient of the guarantee. Based on this background, there are several main issues in this thesis, namely how the mechanism and procedure of the Bank Guarantee agreement according to the Civil Code and how legal certainty in the implementation of the Bank Guarantee agreement is based on banking law provisions (Case study, Palembang District Court Verdict Number 71 /Pdt.G/PN.PLG).The legal theory used is the legal certainty theory from Gustav Radbruch and the theory of justice from John Rawls. The research method is normative juridical and data collection tools used are document study or literature and interviews. The results of existing research is the mechanism and procedure for granting bank guarantees must meet the requirements set by the bank that issued bank guarantee, however the bank must carries out a careful analysis of the bank guarantees applicant, it’s business prospects and complete collateral accompanied by counterguarantees. Legal certainty in the implementation of bank guarantees is that the commercial banks and state banks are prohibited to provide bank guarantees to non-native entrepreneurs. In addition, the provision of a bank guarantee aims to provide legal certainty, especially for the party receiving the guarantee where the bank providing the guarantee bank provides guarantees to meet the obligations of the guaranteed party (debtor) to the party receiving the guarantee accompanied by the conditions applicable in the bank guarantee agreement. In relation to the civil case verdict number 71/ Pdt.G / 2014 / PN.PLG, the mechanism and procedure for implementing bank guarantee already been carried out in accordance with the Civil Code. Regarding the legal certainty of the implementation of a bank guarantee, it has not provided optimal legal certainty for the recipient of the guarantee because the recipient of the guarantee does not fully accept the bank guarantee agreement from the BNI bank because of the problem in processing claim’s filing. Keywords: legal certainty, bank guarantees, agreements

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