Bank Garansi Sebagai Pengalihan Kewajiban Jika Terjadi Wanprestasi Oleh Nasabah (Studi di Bank BRI Cabang Kelapa Gading)

Abstract

The aim of this study is to find out the general description of bank guarantees as a transfer of obligations in the event of default by the state (study at Bank Rakyat Indonesia, Kelapa Gading branch). The subject matter is then divided into several sub-problems or research questions, namely: 1) To what extent is the responsibility of the bank guarantee if the customer does not fulfill his obligations? 2) What is the Process for Fulfilling Bank Guarantee Obligations If the Bank's Customer Is Unable to Fulfill Their Obligations? This research uses a qualitative method with a descriptive approach. Selection of informants using purposive sampling, namely data types that are representative sources, namely primary data and secondary data. The source of data from this study is the HR Head of Bank BRI, Kelapa Gading branch. Furthermore, the data collection method used is document study and interviews, then the data or information that has been collected is analyzed qualitatively, namely the way research is carried out to find qualitative truth, namely data that is not in the form of numbers. The results of this study indicate that in the process of making this agreement several ordinary credits were proposed after that the amount was kept in cash for the specified amount and then issued. Usually it is published daily, monthly until the bank guarantee work is finished, after that the previous block is reopened and the money will be returned but if it has not been completed then the block will be set. Meanwhile, a power of attorney is given if the customer defaults to pay for the blocking and it is given to the borghout. but if the warning letter cannot complete the work then the glory will be auctioned. The implications of this research are: 1). PT Bank BRI Kelapa Gading, to avoid debtors defaulting in granting collateralized loans, the bank should still carry out a careful assessment of prospective debtors. 2). Should in the use of credit loans in order to avoid personal needs that affect loan repayments.