QUESTIONS:

1. Please give an example of vagueness article (word) and ambiguity article (word) (2)
2. The Offering Party must communicate to the Offered Party when they want to cancel the offer,
likewise, there is a rejection of bid must be communicated.
Question;
a. Whether Cancellation of the offering part is allowed when a payment transaction has
occurred?;
b. Is it okay to cancel by post letter?
3. Make a simple summary regarding the material on how to make a contract; from the title to
comparison?

ANSWERS:

1. Vagueness: The buyer must complete the payment of the land in a reasonable time
Ambiguity: -ali ordered mina to deliver the laptop to him
-the seller agrees to ship 5 black ball-point pencils to the buyer
2. a. The agreement can be canceled if it is not in accordance with the subjective and objective
conditions of the agreement as regulated in Article 1320 of the Criminal Code. The legal
consequences arising from an agreement that can be canceled is that one party can request the
cancellation of the agreement.
b. It should be noted that the conditions for a valid agreement according to Article 1320 of the
Civil Code (“Civil Code”) are:
In order for a valid agreement to occur, four conditions need to be met:
1. the agreement of those who bind themselves;
2. the ability to make an engagement;
3. a certain subject matter;
4. a cause that is not forbidden.
Because the conditions for the validity of the agreement do not include the requirement that
the agreement be made in written form, an agreement, even if made orally, is still valid and
legally binding for the parties who made it as referred to in Article 1338 of the Civil Code.
3. H1. TITLE (HEADING) OR NAME
AGREEMENT
In preparing the title of the agreement, it can be done by:
a. The title/name of the agreement is in accordance with the form of the agreement. The title is
adjusted to the form of the agreement made.
Example :
1) Ship Purchase Agreement
2) House Rental Agreement
3) Brand License Agreement
4) Agency Agreement
5) Joint Venture Agreement
b. The title of the agreement is in accordance with the content or object of the agreement,
Example:
1) Computer Sale and Purchase Agreement;
2) House and Shop Rental Agreement (Ruko).
(Computers and shop houses are objects of the agreement which will be described in the
contents of the next agreement).
c. In writing the title, don't be too short because it will raise questions, for example "Letter of
Agreement" or "Sell and Purchase". Such a title will raise questions, what agreement, or what
sale and purchase. The title should not be too long in writing because it only causes waste in
writing and is not in accordance with applicable legal habits.
Example :
“House and Shop Sale and Purchase Agreement at Jalan Taman Siswa 158 Yogyakarta in the
name of Mr. Sumanto, SH with an area of...”
d. In a private deed, it is not necessary to number the agreement because the agreement
belongs to the parties and has no relevance and has no connection with the intent and purpose
of the agreement. It is different with notarial (authentic) deeds which must have their
numbering in order to regulate the time sequence that the smaller numbered deed will of
course be submitted earlier to the Ministry of Justice (now the Ministry of Law and Human
Rights) than the large numbered deed. orderly administration and documentation of the notary
office itself.
2. OPENING
The preamble contains an opening sentence that contains the date the agreement was made.79
This is important because it relates to when the agreement begins. The opening in the
preparation of an agreement or agreement can be prepared in the following way:

a. Underhand Deed Writing (Onderhands):

1) Based on the day, date, month and year of the agreement and the place where the
agreement was made and signed,
example:
This sale and purchase agreement is made and signed today, ....., dated .... at Jalan Pahlawan
Number 47, City of Surabaya, by and between:
2) In general it can also be simple by simply mentioning:
"The undersigned below:"
b. In an authentic deed or notarial deed generally it is always opened with the sentence:
“Today, Saturday the twenty-fourth, July, year two thousand and four (24 July 2004), appear
before me, Maudy Koesnadi, SH, Notary on Jl. Student Park No. 158 Yogyakarta, in the presence
of witnesses whom I, the Notary know and will mention at the end of this deed.”
3. COMPARATION (PARTIES)
A comparison is part of a deed/agreement that mentions the names of the parties who made
the agreement. In the preparation of the comparison of the agreement must always contain
elements of identity, skills and authority to act. The definition of comparison is part of the deed
that is contained after the title and the beginning of the deed (preamble), which contains the
identities of the parties/agreement makers, including descriptions that can show that the person
concerned has the skills and authority to take legal actions as stated in the deed. Therefore, the
comparison function is:
a. Explain the identity of the parties who made the agreement/deed;
b. In what position did the parties concerned (the parties) act;
c. Based on what the position is;
d. That the parties are sufficient and authorized to take legal actions as stated in the deed;
e. That the parties have the right to take legal action is stated in the deed.