Assurance development has many improvement, there are many products
of assurance appear, including the Surety Bond. In the assurance treaty of Surety
Bond especially in the form of implementation assurance of Surety Bond
(Performance Bond) loading the clausal the loss substitution between the surety
(assurance firm) and the principal of caused by wanprestation from the principal
and it is not force majeure/overmatch. The limitation of overmatch become
unclear because it is not clarified detail so it balled the polis clients in finishing
their work if in the future happen wanprestation or overmatch. The clausal of
force majeure was applied to adding treaty beside the implementation assurance
treaty of surety Bond).
To become the client of Surety Bond of the Surety Company (Assurance
Firm) will carry out the examining of the principal ability what are they suitable to
become Surety Bond client. In examining there are constraints commonly the
Principal has status a law so the principal has a secret limitation which is revealed
or reported out of the firm.
The researcher make a study in PT. Jasa Raharja Putera Assurance
Branch of Yogyakarta to know how the implementation of the Surety bond. This
research is empirical law research, from law to implicate to real cases or the
studies rule of laws and experts opinion to process data in the field. In doing the
law research empirically, the primary data of the result research in the field used
as the primary data and secondary data used as the supporting data.
We hope the contractor who is assurance their project which is the
construction building read the assurance polis exactly, in every word written detail
in order to it is not appointed or it make a disadvantage when the contractor in
this way the principal who will propose the assurance claim, we must ask and seek
the information as much as from the assurance agent of Surety Bond.