Eksistensi Yuridis Surat Berharga dalam Transaksi Bisnis dan Sektor Perbankan Nasional

Abstract

Negotiable instruments play an important role as means of payment, credit instruments, and evidence of claims in trade and banking. However, their use is vulnerable to breach of contract, forgery, and misuse. This article aims to analyze the concept, legal basis, types, functions, and legal status of negotiable instruments in Indonesia, as well as the mechanisms for their issuance, transfer, and encashment, including legal protection for the parties in the event of breach of contract or misuse. This study employs a normative legal research method using statutory and conceptual approaches through a literature review of primary and secondary legal materials, which are analyzed qualitatively using deductive reasoning. The findings indicate that negotiable instruments are regulated under the Indonesian Commercial Code (Kitab Undang-Undang Hukum Dagang or KUHD) and regulations outside the KUHD, such as Bank Indonesia regulations concerning giro transfer orders (bilyet giro) and the Law on the Development and Strengthening of the Financial Sector (UU PPSK). These instruments possess abstract characteristics and are readily transferable. Negotiable instruments function as means of payment, credit instruments, and mechanisms for transferring claims, while also serving as liquidity instruments and collateral in the banking sector. Their issuance must satisfy formal requirements, while their transfer may be carried out through assignment (cessie), physical delivery, or endorsement. Encashment is conducted by presenting the instrument to the party obligated to make payment. Legal protection is available through civil, criminal, and banking administrative proceedings, with specific protection afforded to holders acting in good faith.