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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) GANEC SWARA
Diman Ade Mulada, Diman Ade
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Agriculture, Biological Sciences & Forestry Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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THE ROLE OF BANK GUARANTY IN CONSTRUCTION CONTRACTS BETWEEN THE GOVERNMENT AND CONTRACTORS Mulada, Diman Ade
Jurnal IUS (Kajian Hukum dan Keadilan) Vol 1, No 2 (2013): REALITA HUKUM DALAM MASYARAKAT
Publisher : Jurnal IUS

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (368.25 KB) | DOI: 10.12345/ius.v1i2.237

Abstract

In government project, to guarantee the assignor (government) to acquire the  project finished on the time and quality promised by the contractor, it required a guarantee  of the contractor for the government as mentioned in Article no 67 paragraph (1) of Presidential Decree No. 54 of 2010 concerning the Procurement of Goods / Services.  One of the guarantees often used by contractors is  a guarantee bank. In the implementation of a  contract between the government and contractors who use the guarantee bank, they must go through some steps.. First stage is the preparation for the selection of the construction work, and the second stage is to carry out the selection of construction work, in which the contractor must submit a tender guarantee of bank guarantee.  The third stage is the signing of the contract, in which the contractor must submit a bank guarantee of warranty execution and the fourth stage is the execution of contracts where the contractor must submit a bank guarantee of an advance money if the contractor will take an advance money and submit a bank guarantee of a maintenance warranties when the contractor has completed the work.  When a default happened by either party, the solution is as follows.  If related  to the contracts, the problem is solved through a discussion, and then if no way out, the problem may be solved through arbitration or courts. In relation to the bank guarantee, if a default happened by the contractor,  the solution is by deliberation between the bank and the contractor in  order that the contractor complete the arrears, however, if the contractor has no intention to complete the arrears, the bank  may issue a maximum of three (3) warning letters. Moreover, if the bank has issued three warning letter sand the contractor still does not respond, then the bank will make disbursements against opponents guarantees that have been submitted by the contractor.Keywords: Bank Guarantee, Contraction Contract.
OPTIMASI PENGAWASAN OLEH OTORITAS JASA KEUANGAN DI BIDANG PASAR MODAL MENURUT HUKUM POSITIF DI INDONESIA WISUDAWAN, I GUSTI AGUNG; SUTRISNO, BUDI; MULADA, DIMAN ADE
GANEC SWARA Vol 15, No 1 (2021): Maret 2021
Publisher : Universitas Mahasaraswati Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v15i1.177

Abstract

      The development of the capital market in Indonesia has increased from time to time but this development is not without obstacles. The obstacle that often arises is the occurrence of fraudulent practices in the capital market involving legal subjects in the capital market itself. Therefore, it is necessary to optimize supervision by the OJK in the Capital Market sector to minimize this fraudulent practice. The type of research used in this research is Normative Research with a statutory approach (Statute Approach), Conceptual Approach (Conceptual Approach), Case Approach (Case Approach), and Analysis Approach (Analytical Approach). This study also uses legal materials which consist of primary legal materials, namely legal materials in the form of Law No. 8 of 1995 concerning the Capital Market and OJK laws and regulations, secondary legal materials, namely literature related to the issues raised in this study and materials. Tertiary Law consists of a legal dictionary and encyclopedia. Legal material collection techniques used in this research is a Documentation Study with Legal Material Analysis, namely Qualitative Descriptive Analysis.       The results of this study are Optimization of Supervision by the Financial Services Authority in the Capital Market according to positive law in Indonesia, namely Revising Law No. 8 of 1995 concerning Capital Markets. Revised Law Number 21 the Year 2011 concerning the Financial Services Authority. The supervisory mechanism carried out by the OJK is to use a system of supervisory tools and supervisory action covering various checks such as securities transactions, securities agency compliance, investment management compliance, issuer compliance, and professional and supporting institutions compliance
Co-Authors Budi Sutrisno Wisudawan, I Gusti Agung