| dc.description.abstract | The performance of national development in many regions in Indonesia is
an attempt from the state to achieve and increase the prosperity and welfare of the
peopleof Indonesia. The performance of national development is carried out by a
construction services provider, these conditions may lead to the possibility that the
construction project was not carried out in accordance with the plan and led to one
of the parties suffer a financial loss. Therefore needed third party as a guarantor
who can be trusted by both parties, in which both sides have legal certainty that
each parties will meet their contractual obligations. Consider the condition of
being there, Bank Indonesia as the central bank issued regulations about Bank
Guarantee services in Indonesia to increase confidence among both sides and as
well as to minimize the risk of harm.
The author finds cases regarding the disbursements practice of Bank
Guarantee, among others: Putusan MA No. 672 K/PDT/2004 and Putusan MA No.
2280 K/PDT/2010. On that 2 (two) verdict, the construction services provider
were failed to carry out the work within term and condition that stated in the
contract and based on that the user decide to cancel the contract unilaterally, and
then claim to disbursement the Bank Guarantee that provided by the service
provider due to the existence of fault, however that 2 (two) verdict had difference
regard to the rights over the disbursements of Bank Guarantee. These
inconsistency encouraging writer to do research about disbursements practice of
Bank Guarantee in Indonesia. This thesis using statute approach, conceptual
approach, and case approach to analyse the justification of disbursements of Bank
Guarantee. | en_US |
