PERAN SURETY BOND SEBAGAI PRODUK PERUSAHAAN ASURANSI DALAM PEMBANGUNAN INFRASTRUKTUR DI INDONESIA

Sarah Aghnia NK, . (2022) PERAN SURETY BOND SEBAGAI PRODUK PERUSAHAAN ASURANSI DALAM PEMBANGUNAN INFRASTRUKTUR DI INDONESIA. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.

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Abstract

Indonesia is actively carrying out development in various fields. Because the payment uses the state budget, its use must pay attention to the aspects of certainty and guarantees so that its use is effective and efficient. To anticipate this, the issuance of Law 54/2010 on Procurement of Goods and Services which regulates the necessity of submitting a guarantee from principal to obligee in the form of a surety bond or bank guarantee. However, with the publication of law no. 1 of 2016 concerning guarantees, there is an assumption that insurance companies will no longer be able to issue guarantee products after the effectiveness of the act. There is also contradictions in the issuance of the guarantee laws by looking at existing practices and other regulatory orders that allow the provision of guarantees by insurance companies. In the regulation, it is stated that there are criminal sanctions against parties who run a guarantee business without permission. This research is descriptive using normative juridical methods. This research also uses an approach which is legal approach, case and historical approach, by studying and collecting from primary and secondary legal materials. The results showed that in its implementation the role of surety bond in infrastructure development is to minimize the risk of failure in in fulfilling principal obligations. The issuance in accordance with the Constitutional Court Decision No.5/PUU-XVIII/2020 concerning Suretyship refers to Article 5 paragraph (1) of the insurance law which is followed up with POJK 69/2016 and in line with the arrangements in Article 4 paragraph (2) of Guarantee law. Thus, insurance companies that run suretyship business lines cannot be subject to criminal sanction and has provided of legal certainty, justice, and expediency.

Item Type:	Thesis (Skripsi)
Additional Information:	[No. Panggil: 1810611216] [Pembimbing : Atik Winanti] [Penguji 1 : Taupiqqurrahman] [Penguji 2 : Siti Nurul Intan Sari, D]
Uncontrolled Keywords:	Surety Bond, Guarantee, Infrastructure, Insurance
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	Sarah Aghnia Nuraziza Kamajaya
Date Deposited:	19 Sep 2022 05:55
Last Modified:	19 Sep 2022 07:45
URI:	http://repository.upnvj.ac.id/id/eprint/21004

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