PELAKSANAAN BANK GARANSI (GUARANTEE BANK) PADA PT CIMB NIAGA Tbk BERDASARKAN UNDANG-UNDANG NO.10 TAHUN 1998 TENTANG PERUBAHAN UNDANG-UNDANG NO.7 TAHUN 1992 TENTANG PERBANKAN

Abstract

Banking has the important role for economic activities. The strategic role of bank is a mode that able to assemble and supply the society fund effectively and efficiently toward an increasing of people standar-life. In order to adding the receiving sources for bank and providing service to the customer, bank gives several of tipe service. Progressively quik of competition between banks, the bank urged not only relying on the primary receiving source of credit distribution but from the services which given, as well. In this globalitation era, businessman compete to develop their business with the tight competitiveness, businessman besides need law to ensure rule of law in their action, also need banking institution to ensure their certainty of business. One of the banking activity that use by the businessman is Bank Guarantee. Bank Guarantee is published to ensure creditor�s importance if the debitor break a promise. If the debitor break a promise, so the kreditor could raising claim of the Bank Guarantee. Bank Guarantee has a function to push banks to help fluenting the flow of goods and services and bond trading. CIMB Niaga Tbk Bank as one of healthy banking institution gives bank guarantee facility to accelerate business activity. In executing to give bank guarantee of CIMB Niaga Bank, there is a main problem that is how execute in giving bank guarantee on CIMB Niaga Bank Implementation of Undang-Undang No.10 tahun 1998 and the obstacles of settlement way the customer definitely pay of the giving the bank guarantee. There is four kinds of bank guarantee in CIMB Niaga Tbk Bank, namely : Bid Bond, Advanced Payment Bond, Perfomance Bond, Retention Bond. For once issuing bond of any kind of bank guarantee equally charge one hundred thousands rupiahs fee and the provision which is depends on the agreement between bank and the customer base of the value of the bond. In bank guarantee there is a contra guarantee from the customer which is given for the bank whwnever there is a claim of the beneficiary. Niaga Bank as the guarantor so that there is a guarantee for bank that the customer definitely pay when there is a claim. As regards, approaching method which is used is juridical empire observations which is need to solve observation object by observing the secondary data to primary data in the field so that can solving the problem and in the end can take conclusion whether the policy of CIMB Niaga Bank to execute in giving bank guarantee has fulfilled the Indonesia Central bank regulations