The Role Of Bank Guarantee As Collateral In The Implementation Of Work On Projects At Pt
Hutama Karya (Persero) EPC Division (Study On The Muara Tawar 2 X 650 Mw Power Plant
Project)
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 01, January 2024 133
(customers) who entrust their funds to be managed by the bank as well as possible.
According to the provisions of Article 6 letter (d) of Law No. 7 of 1992, it is only
explained that commercial banks can buy, sell, or guarantee at their own risk or for the
benefit and at the behest of customers on various types of securities. However, in Article
6 letter (n) and its explanation, it is implied that there is recognition of banking services
in the form of bank guarantees as long as they do not conflict with applicable laws and
regulations (Agustina, Widodo, & Sharon, 2021).
A Bank guarantee is a guarantee provided by a bank to provide guarantees to the
recipient of guarantee that the bank, as a guarantor, will fulfil all obligations as promised.
Suppose the guaranteed party (customer) does not fulfil its obligations (Pujayanti &
Bagiastra, 2014). In that case, the guaranteed party is contractors or contractors, which
are companies or individuals who are legal entities or entities engaged in implementing
contracting. Contractors can be individuals or legal entities, both government and private.
For government projects, contractors must be legal entities (Mandagi, 2020).
Understanding Bank Guarantee is a written guarantee from the bank that is
given/addressed to its customers (guaranteed parties) to fulfil an obligation. Suppose the
guaranteed party in the future does not fulfil obligations to other parties by the agreement
(default). In that case, the bank, as the guarantor, can take action to inform the beneficiary.
Bank Guarantee Bank Indonesia Regulation Number 14/26/PBI/2012 (CHANDRA,
2023). From this understanding, in the issuance of Bank Guarantees, there are always
three parties involved (Harahap, 2017):
1. Guarantor, which is a bank that issues bank guarantees to its customers
2. Guaranteed, namely the customer as a guaranteed party, the customer who requests the
bank to issue a bank guarantee from the customer
3. Recipient of Guarantee, namely a third party who receives collateral for an agreement
with a guaranteed party or a party who receives a guarantee for a consequence of error
(default) committed by the guaranteed party and is entitled to obtain compensation for
the incident.
A Bank guarantee is beneficial to use in various activities, for example, in the
construction of a tendered project. Usually, the employer will ask for a bank guarantee
from the contractor who will work on the project. This is intended in addition to being a
guarantee of work; it can also show the bona fide status of the contractor who will work
on the project (Darmawan, 2023). The types of Bank Guarantee types are as follows
(Siswanto, 2017):
1. Bid bond is a bank guarantee as a condition for participating in tenders
2. An advance payment bond is a bank guarantee for the down payment received when
winning a tender
3. Performance bond is a bank guarantee for the implementation of project work
4. A Maintenance Bond is a bank guarantee for maintenance after completing the project.
Based on the description above, further research is needed on the relevance of the
use of bank guarantees in financing government projects, which will be outlined in the