pISSN: 2723 - 6609 e-ISSN: 2745-5254
Vol. 5, No. 01 January 2024 http://jist.publikasiindonesia.id/
Doi: 10.59141/jist.v5i01.876 132
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)
Achmad Fikri
1*
, Suparji
2
, Suartini
3
Universitas Al-Azhar Indonesia Jakarta, Indonesia
Email: achmadfikri1184@gmail.com
1*
, suparjiachmad@yahoo.com
2
,
tini.look@gmail.com
3
*Correspondence
ABSTRACT
Keywords: Bank Guarantee;
Guarantee; Work.
Large projects such as power plants require guarantees for the
implementation of the work to ensure the project's smooth running. A
Bank guarantee is commonly used in these large projects to ensure
contract fulfilment and good performance. This research aims to evaluate
bank guarantees' role in projects such as the 2 x 650 MW Muara Tawar
Power Plant run by PT Hutama Karya (Persero) EPC Division. This
research uses qualitative research methods. Data collection techniques in
this study include literature studies and interviews. Data analysis
techniques used in this study include data reduction, data presentation,
and conclusion drawing. The results showed that bank guarantees are
essential in implementing work on projects at PT Hutama Karya
(Persero) EPC Division. Bank guarantees can be used to guarantee
various things, such as quality of work, timely completion, and payments
to third parties. Bank guarantees have various benefits in the
implementation of work on projects at PT Hutama Karya (Persero) EPC
Division, including increasing the employer's trust in service providers,
increasing the certainty of work implementation, and increasing
efficiency in the work implementation process.
Introduction
National development is a series of sustainable development efforts covering the
entire life of the community, nation, state to carry out the task of realising national goals,
as stated in the preamble to the 1945 Constitution, namely to form an Indonesian state
government that protects the entire Indonesian nation and all Indonesian bloodshed and
to realise general welfare, educate the life of the nation, participate in implementing order
a world based on freedom, lasting peace and social justice (Anisah, 2022).
As is known, the State of Indonesia is a developing country that is actively
developing in all physical and non-physical fields (Majid, 2023). One form of realisation
of development carried out is in the form of construction of facilities projects and
infrastructure, in the form of construction and rehabilitation of roads, bridges, ports,
irrigation, waterways, public housing, offices, and so on (Suri, 2021).
According to the provisions of Law No. 7 of 1992 concerning Banking jo. Law No.
10 of 1998 concerning Amendments to Law No. 7 of 1992 stated the importance of efforts
to increase the protection of public funds entrusted to banking institutions, where one of
the efforts is the application of prudential banking principles. The precautionary principle
is a logical consequence of creating a relationship between the bank and the public
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
Achmad Fikri, Suparji, Suartini
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 01, January 2024 134
title of the thesis, The Relevance of Using Bank Guarantees as Collateral in the
Implementation of Muara Tawar 2 x 650 MW Power Plant Project Work.
Research Methods
This study used qualitative research methods. According to (Habsy, 2017),
qualitative research intends to holistically understand phenomena about what is
experienced by research subjects, for example, behaviour, perception, motivation, action,
etc. This understanding is achieved through descriptive analysis using words and
language in a specific, natural context and utilising various natural methods.
Data collection techniques in this study include literature studies and interviews. A
literature study was conducted to collect information and references related to the role of
Bank Guarantee in construction projects. Interviews were conducted with related parties,
such as project managers and banks, to gain direct insight into using Bank Guarantees in
project implementation. Furthermore, the data analysis techniques used in this study
include data reduction, data presentation, and conclusions. Data is reduced by organising
and simplifying the data collected through literature studies and interviews. The
presentation of data is carried out by presenting relevant findings and describing them
narratively. Finally, conclusions are drawn based on data analysis that has been carried
out to answer research questions.
Results and Discussion
Bank Guarantee is a guarantee or guarantee provided by the bank, where the bank
guarantees the customer (guaranteed) to fulfil an obligation if what is guaranteed in the
future turns out not to fulfil obligations to other parties by the agreement because the bank
guarantee is one of the bank services in addition to providing other services, the bank
guarantee is given to its customers to provide assistance that is supportive of customers
who will make a purchase or activities that do not require credit from banks (Siswanto,
2017). In this case, the bank will be the guarantor, and the contractor will be guaranteed.
If the guarantee cannot fulfil its obligations, the bank will pay a sum of money (Ibrahim,
Octora, & Sirait, 2016). The purpose of providing bank guarantees by the bank to
guarantee recipients is: a). Providing assistance in facilities and convenience in
facilitating customer transactions. b). The holder of a bank guarantee guarantee is to
provide confidence that the guarantee holder will not suffer losses if the guaranteed party
neglects its obligations because the holder will receive compensation from the bank. c).
Fostering mutual trust between guarantors and those who receive guarantees. d). Provide
a sense of security for Bang and other parties when doing business. e). Banks will benefit
according to the agreed contract (Harahap, 2017).
According to Simorangkir (Dariwu, 2016) stated that a bank guarantee as a
guarantee in the implementation of a cooperation agreement is one of the services
provided by the bank, where the bank provides guarantees to guarantee recipients fulfil
the obligations of the guaranteed party (its customers) to provide assistance that supports
customers who will make transactions that do not require credit from the bank (Siswanto,
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 135
2017). Based on the Civil Code, bank guarantees in the guarantee clause (personal
guarantee) or borscht Article 1820 to Article 1850 where the bank acts as the insurer. As
with other guarantees, the nature of the warranty agreement is a tail agreement or
accessory, meaning following the principal agreement. As a consequence of the nature of
the accessory other than that this guarantee can only be given after the principal
agreement has been made, the subsequent consequence that the guarantee cannot be given
for an amount that exceeds the obligations of the secured debtor or includes conditions
that are more onerous than the principal agreement (Widyorini, 2020).
Bank Indonesia, as the central banking regulator, issued a Circular Letter of the
Board of Directors of Bank Indonesia No.11/110/KEP/DIR/UPPB concerning the
Provision of Guarantees by Banks and the Provision of Guarantees by Non-Bank
Financial Institutions, which has been enhanced by the Decree of the Board of Directors
of BI No.23/88/KEP/DIR concerning the Provision of Bank Guarantees. The issuing bank
guarantee (Bank) contains the following provisions: transactions between the guaranteed
party and the recipient of the guarantee adjusted to the type of bank guarantee. This means
a bank guarantee is an agreement based on or preceded by a previous agreement
(Darmawan, 2023). To get the desired bank guarantee by its intended use, a person,
entrepreneur, or agency/institution that applies to get a bank guarantee from a bank must
meet several conditions or procedures set by the bank concerned to provide bank
guarantees (Mandagi, 2020).
The maturity time of the bank guarantee is generally stated in the bank guarantee
certificate or billet bank guarantee (Agustina et al., 2021). A bank guarantee may expire
if:
1. Returned the original bank guarantee because an agreement has been executed
correctly and on time;
2. The deadline for bank guarantee claims has expired without any claim from the
recipient of the guarantee; and
3. There is a statement of default from the debtor so that the bank guarantee ends with
the claim submission process.
Bank guarantees are essential in implementing various construction projects, such
as power plants. One company that often uses bank guarantees as a form of guarantee in
several of its projects, including the Muara Tawar 2x 650 MW Power Plant project, is PT.
Hutama Karya (Persero) EPC (Engineering, Procurement, and Construction) Division.
The role of using Bank Guarantee as collateral in implementing the Muara Tawar 2 x 650
MW Power Plant Project is as follows.
Performance Bond
A Bank guarantee can be used to guarantee the performance of the contractor. Thus,
if the contractor does not complete his work by the mutually agreed contract, the project
giver can claim a certain amount from the bank guarantee for compensation.
1. Payment Guarantee (Payment Bond)
Achmad Fikri, Suparji, Suartini
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 01, January 2024 136
Bank guarantees can be used to guarantee payments to parties interested in the
project, including subcontractors and suppliers. So, if the main contractor fails to pay a
third party, then the recipient of the bank guarantee can file a claim to get payment.
2. Maintenance Bond
Bank guarantees can be used for down payment guarantees that are used correctly
and by the terms of the contract.
Jaminan Uang Muka (Advance Payment Guarantee)
A Bank guarantee can be used to guarantee that the contractor will deliver the work
results according to the contract. You can claim a bank guarantee if there is a delay or
something inappropriate.
3. Handover Guarantee (Delivery Bond)
A Bank guarantee can be used to guarantee that the contractor will deliver the work
results according to the contract. You can claim a bank guarantee if there is a delay or
something inappropriate.
4. Auction Guarantee (Bid Bond)
Bank guarantees can be used to guarantee that if a contractor wins an auction, they
will sign a contract. Bank guarantees help create a fair business environment and protect
project givers and parties involved in it. The Muara Tawar power plant project, which is
high-scale and complex, reduces risk and ensures smooth project implementation. Thus,
bank guarantees provide benefits in the implementation of projects at PT Hutama Karya
(Persero) EPC Division, namely, increasing the level of trust from employers in service
providers involved in the project, ensuring certainty of work implementation by the
contract, and increasing efficiency in the process of carrying out work by reducing risks
related to uncertainty or delays.
Conclusion
Bank guarantees are vital in implementing work on projects run by PT Hutama
Karya (Persero) EPC Division. A Bank guarantee is a guarantee that covers essential
aspects, such as quality of work, timeliness in project completion, and payments to third
parties. In this context, bank guarantees bring several significant benefits in project
implementation at PT Hutama Karya (Persero) EPC Division, among others, increasing
the level of trust from employers in service providers involved in the project, ensuring
certainty of work implementation by the contract, and increasing efficiency in the process
of carrying out work by reducing risks related to uncertainty or delays. Thus, bank
guarantees are identified as essential elements in ensuring the smooth and successful
implementation of the project, providing confidence and assurance for all parties
involved.
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 137
Bibliography
Agustina, Riska, Widodo, Hartono, & Sharon, Grace. (2021). Kepastian Hukum Bank
Garansi Bagi Kreditur Terhadap Wanprestasi Debitur Pada Pelaksanaan Perjanjian
Kerja Konstruksi. Krisna Law, 3(2), 111. https://doi.org/10.28932/di.v7i2.718
Anisah, Desi. (2022). Pengembangan Sektor Pariwisata Di Indonesia:(Di Tinjau Perpektif
Hukum Berdasarkan Dari Undang-Undang Nomor 10 Tahun 2009 Tentang
Kepariwisataan). Jurnal Pariwisata Darussalam, 1(2).
Chandra, Muhammad A. (2023). Garansi Bank Sebagai Pengalihan Kewajiban Jika
Terjadinya Wanprestasi Oleh Nasabah Perseroan Terbatas Bank 9 Jambi Dan
Perusahaan Pemborong. Universitas Batanghari Jambi.
Dariwu, Denish David. (2016). Bank Garansi Sebagai Pengalihan Kewajiban Apabila
Terjadi Wanprestasi Oleh Nasabah Menurut Kitab Undang-Undang Hukum Perdata
Pasal 1831 & 1832. Lex Crimen, 5(7).
Darmawan, Stephanie Priscilla. (2023). Bank Garansi Sebagai Pengalihan Kewajiban
Jika Terjadi Wanprestasi Oleh Nasabah (Studi di Bank BRI Cabang Kelapa
Gading). Journal on Education, 5(4), 1681016820.
Habsy, B. All. (2017). Seni memehami penelitian kuliatatif dalam bimbingan dan
konseling: studi literatur. Jurnal Konseling Andi Matappa, 1(2), 90100.
Harahap, M. Yadi. (2017). Perbandingan Hukum Perdata Dan Fatwa DSN-MUI Tentang
Bank Garansi Sebagai Jaminaan Dalam Sistem Perbankan Di Indonesia. Jurnal Al-
Muqaranah: Jurnal Perbandingan Hukum Dan Mazhab, 5(1).
Ibrahim, Johannes, Octora, Rahel, & Sirait, Yohanes Hermanto. (2016). Peranan Bank
Penerbit Bank Garansi Sebagai Penjamin Pelaksanaan Pekerjaan Konstruksi
Pembangunan Rumah Susun Dalam Meningkatkan Perlindungan Hak Konsumen.
Dialogia Iuridica, 7(2), 88117.
Majid, M. Arif. (2023). Problematika Pendidikan di Indonesia sebagai Negara
Berkembang. Salimiya: Jurnal Studi Ilmu Keagamaan Islam, 4(1), 5869.
Mandagi, Y. (2020). Pelaksanaan Bank Garansi Sebagai Suatu Jaminan Proyek Pada
Pembiayaan Proyek Pemerintah Di Provinsi Riau. Journal Equitable, 5(1), 6888.
Pujayanti, Putu Novi, & Bagiastra, I. Nyoman. (2014). Kedudukan Bank Dalam
Pemberian Bank Garansi. Journal Ilmu Hukum Kerta Semaya Universitas
Udayana, 2.
Siswanto, Ade Hari. (2017). Karakteristik Hukum dan Pelaksanaan Bank Garansi Dalam
Jaminan Kontrak Jasa Konstruksi. Lex Jurnalica, 14(1), 147344.
Suri, Desi R. (2021). Upaya Pemerintah Dalam Meningkatkan Kesejahteraan Lanjut
Usia Di Desa Tanjung Inten Kecamatan Purbolinggo Kabupaten Lampung Timur.
Achmad Fikri, Suparji, Suartini
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 01, January 2024 138
Widyorini, Sri Retno Widyorini Sri Retno. (2020). Bank Garansi Sebagai Jaminan Bagi
Pihak Ketiga. Serat Acitya, 2(1), 84.