KAJIAN HUKUM TERKAIT CEK TUNAI PELUNASAN YANG DIGUNAKAN SEBAGAI JAMINAN

Abstract

This research examines and analyzes the legal realm regarding settlement cash checks which are used for guarantees and legal protection for those who receive settlement cash checks. This needs to be studied because the era is increasingly developing where cash checks were not used as collateral. The method used is normative research with a statutory and case approach. The results of this research are in the form of guaranteeing checks with a pawn that depends on the recipient of the check. There are 3 categories which include "on behalf of" (aan toonder), "on appointment" (aan order), and "on behalf of" (op naam). The intended giver of a cash check must apply the principles of good faith and the principle of trust. Checks used as collateral according to statutory regulations are permitted. Protection for the recipient of the check or holder of the check is by means of the right of regress, which means a right to sue the holder against other check debtors who are subject to regress (regress debtor). The implementation of these rights is by means of rembours and spring regression.
Keywords :
Check, Right of Regress, Guarantee