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KELOMPOK 1
-ALEXANDER STEVANUS SINULINGGA
-ANDHIKA CHRISTOPER SIRINGORINGO
-APRILIA PUTRI LIANY
-ARTA YESARO SINAGA
-BOY LUISFIGO SINAGA
-CHRISTINA CESSA FEBYOLA HARIANJA
 PREFACE
We thank God Almighty, because thanks to His mercy and grace we
were able to complete a paper entitled “Agreement in business writing”
on time.
On this occasion, we would like to express our deepest gratitude to all
those who have helped a lot in the process of making this paper, both
morally and materially.
We realize that this paper is far from perfect, because there is no ivory
that is not cracked. Therefore, we expect criticism and suggestions for
the perfection of this paper.
Hopefully this paper is useful and beneficial for all of us.

TABLE OF CONTENT
PREFACE
TABLE OF CONTENT
BAB I PRELIMINARY
A.BACKGROUND OF WRITING
B. WRITING PURPOSE
C. FORMULATION OF THE PROBLEM

BAB II DISCUSSION
A. DEFINITION OF BUSINESS CONTRACT
B.WRITING PURPOSE
C. FORMULATION OF THE PROBLEM

BAB III CLOSING

CONCLUSION

REFERENSE

BAB I
PRELIMINARY
A.BACKGROUND OF WRITING
In the workplace, you want to present a professional image. Your outfit or suit says
something about you when meeting face-to-face, and your writing represents you
in your absence. Grammatical mistakes in your writing or even in speaking make a
negative impression on coworkers, clients, and potential employers. Subject-verb
agreement is one of the most common errors that people make. Having a solid
understanding of this concept is critical when making a good impression, and it
will help ensure that your ideas are communicated clearly.

B.WRITING PURPOSE
*Define business writing

*Explain how it is different from other writing

*Understand strategies for developing an effective business writing style

C. FORMULATION OF THE PROBLEM

1.What is business writing

2.How is business writing different

BAB II
DISCUSSION
A. DEFINITION OF BUSINESS CONTRACT
Contract is a very popular term, and the scope its use is very wide, including in the
business field. Contracts which means a legal relationship in the field of property
wealth/property between two or more people, which gives the power of the right of
1 (one) party to obtain achievements and at the same time oblige the other party to
perform achievements. Agreements are the most important source of
create engagement. The engagement that comes from the agreement
desired by two people or one party who makes agreement, while the engagement
that is born from the lawmade on the basis of the will that is interconnected with
human actions consisting of two parties.

B. AGRREMENT
Agreement in speech and in writing refers to the proper grammatical match between words and phrases.
Parts of sentences must agree, or correspond with other parts, in number, person, case, and gender.

1. Number. All parts must match in singular or plural forms.

2. Person. All parts must match in first person (I), second person (you), or third person (he,
she, it, they) forms.
3. Case. All parts must match in subjective (I, you, he, she, it, they, we), objective (me, her,
him, them, us), or possessive (my, mine, your, yours, his, her, hers, their, theirs, our,
ours) forms. For more information on pronoun case agreement, see Section 1.5.1
“Pronoun Agreement”.
4. Gender. All parts must match in male or female forms.

Subject-verb agreement describes the proper match between subjects and verbs.

Because subjects and verbs are either singular or plural, the subject of a sentence and the verb of a
sentence must agree with each other in number. That is, a singular subject belongs with a singular verb
form, and a plural subject belongs with a plural verb form. For more information on subjects and verbs,
see Section 1.1 “Sentence Writing”

C. STAGES OF BUSINESS CONTRACT DESIGN

Before designing a business contract, it is necessary to consider the stages that
must be carried out, so that the contract made later to accommodate all the interests
of the parties which is related. The stages referred to are as follows:
A. Identify the parties
The parties to the contract must be clearly identified, Relevant legislation needs to
be considered especially regarding his authority as a party to the contract and what
is the basis for his authority to for example a legal entity looks at the articles of
association.
B. Preliminary research related aspects
In this case the parties hope that the contract signed will be able to accommodate
all his wishes, so it needs clear details.
C. MOU creation
Although not very well known in conventional law Indonesia, but in practice it
often happens. That matter considered as a simple contract and considered
to open a deal.
That is the meaning of the Memorandum of Understending (MoU) formulated in
Black's Law Dictionary, namely: "is to serve as the basis of future formal
contracts.” MoU can be interpreted as a basis for starting the formal drafting of the
contract formally in the future. In another sense, it can also be interpreted that the
memorandum is a prelude to holding legal ties or agreements that will be set forth
in a authentic deed. The word ‘Understanding’ is defined as: “an implied
agreement resulting from the express term of another agreement, whether written
or oral.” Which means statement indirect approval of his relationship with other
agreements, either indirectly to the relationship with other agreements, either orally
or in writing.
Thus, the MoU as a form of agreement or the initial agreement states the steps for
achieving mutual understanding between the two parties (prelimary understanding
of parties) to step later on signing a contract.According to Erman Radjagukguk
MoU as a document containing mutual understanding and understanding of the
parties before being included in the a formal agreement that binds both parties.
Then so that the content of the binding MoU must be rewritten in the agreement.

Salim H. S also gave the meaning of the Memorandum of Understanding is “a

memorandum of understanding made between the subject one law with another
legal subject, both in one countries and between countries to cooperate in various
aspects of life and a certain period of time.” As for Hikmahanto Juwana, stated that
"the use of the term MoU" must be distinguished from a theoretical and practical
point of view.” The use of the term referred to both in terms of theory and practice,
can be detaile as follows:

a. Theoretically, the MoU document is not legally binding,

In order to be legally binding, it must be followed by an agreement. The agreement
in the MoU is more of a moral bond. He analogize the MoU as an "engagement"
institution, not institution of "marriage."
b. Meanwhile, in practical terms, Hikmahanto Juwana divides understanding the
MoU into 2 (two) parts, namely:
i). Understanding that the MoU is only morally binding, because it must be
continued with the agreement; and
ii). Understanding that the MoU is aligned with the agreement. But the most
important thing is not in the terms used, but the content or material of the
memorandum of understanding".
From a legal point of view, if an agreement or contract governs only about the
main things, then binding it too only on these basic matters. In addition, if an
agreement is only valid for a certain period of time, then it is binding also only for
a certain period of time, the parties cannot forced to make a more detailed
agreement than the MoU. In theory, the MoU is not a contract because it is still a
pre-contractual activity. Therefore, it intentionally does not include the intention to
create legal element relations by the parties to the agreement.

In another sense, even though the parties who commit the agreement is an
agreement in the form of MoU, but if the parties agree to enter not sure “intention
to create legal relation” as a legal consequence for the non-performance of the
pre-contractual agreement, then the MoU which in theory turned into a contract for
the parties. MoU that basically doesn't exist as the contract by the parties infiltrated
the provisions or an engagement that has legal consequences, then the MoU
changed its meaning into a contract. The principle of binding a contract after all is
not a absolute. When circumstances occur that cause change fundamental to the
balance of the contract, that state is an excluded situation referred to in this
principle as a difficulty. Article 6.2.2 provides a definition

Hardship is an event that has fundamentally change the balance of the contract.
This is caused by the cost contract execution increased very high contract for the
receiving party is greatly reduced, meanwhile:
A. the event is known by the aggrieved party after contract happens
B. events cannot be predicted by the injured party before the contract is agreed
C. events occur beyond the control of the aggrieved party
D. the risk of the event is not foreseen by the parties involved harmed.
Legal consequences in case of difficulties are regulated which determines that:
1. party entitled to request contract renegotiation to other parties that must be
submitted by showing the basics
2. a request for renegotiation does not in itself provide the right of the injured party
to be terminated contract execution
3. if the parties fail to reach an agreement within the reasonable time, each party
can submit it to court
4. if the court proves that there are difficulties, then the court may decide on the
following matters:

i) terminate the contract on the date and time Certain

ii) change the contract to return the balance.

The pre-contractual stage has no binding power like the binding power of a
contract because it hasn't been fulfill the general requirements for the validity of a
contract as regulated in article 1320 of the Civil Code. Pre-contractual stage only
morally binding on the parties and must still be based on principles of good faith
and honest transactions (good faith and fair dealing).

The form of the MoU made between the parties is in writing and the substance is
determined by both parties. In various the literature does not find the structure or
arrangement of an MoU. Before formulating the structure of the MoU, we must
see the substance of the MoU made by the parties. Therefore MoU is a form of
agreement that can be categorized as: pre-contract or preliminary agreement that
will later be followed and spelled out in another agreement that regulates it details.
MOU has several characteristics that describe as an agreement opener, such as the
following:
i) brief content in the form of main points;
ii) is a prelude to which the contract will follow detailed;
iii) a limited period of time; and
iv) usually not formalized and non-existent compulsive obligation for the existence
of a detailed contract.

D. Negotiation
Negotiation is seen as a means for the parties to engage in two-way communication
designed to achieve agreement as a result of differences of opinion on the
something and is motivated by similarities / dissimilarities interests between them.
Negotiations should not be conducted in bad faith and deviate from the principle of
fair dealing. Example: someone carry out or continue negotiations without wanting
enter into a contract with the intention of diverting attention its business rival or
rival; a negotiation termination where the negotiation stage has reached a condition
where reciprocity of the parties has given hope that negotiations will become
contracts; - if on purpose mislead the other party regarding the content or terms of
the contract, either by hiding the facts that should be told or regarding the status of
interested parties in negotiations.

There are 2 (two) styles of negotiating positions, namely: a. Bargaining soft

position, which is often done in a family environment, friends etc; and b. Hard
position bargainer (hard) is very possible meet deadlocks due to pressure/threats.
Therefore, the most effective is the combination of the two in negotiating adheres
to the 'win-win that is hard in the problem' pattern but soft on people. The choice
will be easily accepted when based on objective criteria such as scientific
assessment, legislation, market value etc.

Drafting a contract is one of the most important stages is the initial stage in making
a contract is the contact arrangement. At this stage, an agreement is drawn up
achieved in the negotiations and as outlined in the memorandum agreement
(Memorandum of Understanding: MOU) as well as continued negotiations until an
agreement was reached to move to the direction of making the format of the
agreement into a contract. Drafting a contract requires accuracy and foresight of
the parties as well as notaries or other officials. Because if you make a mistake in
formulating the name and basic data, the contract is may cause difficulties in its
implementation later day.
 BAB III
CLOSING

CONCLUSION
REFERENCES
https://courses.lumenlearning.com/englishforbusiness/chapter/1-2-
subject-verb-agreement/
file:///C:/Users/DELL/Downloads/Documents/[Ramziati]%20Kontrak
%20Bisnis.pdf