The reality is that a heads of agreement can be binding or not. Generally speaking, however, it is intended that heads of agreement are not binding with respect to the “key terms of a proposed agreement between the parties”, but on issues such as “exclusivity, confidentiality, due diligence and intellectual property”. Dalam Head of Agreement, dijelaskan secara detil tahapan yang ditempuh agar Indonesia bisa memiliki saham mayoritas PTFI 51 persen. Salah satu tahapannya adalah pembayaran 3.85 miliar dollar AS oleh Inalum sebagai proses mencaplok saham 51 persen. A “Heads of Agreement” document should only serve as an introductory agreement to the basic conditions of a transaction or partnership. This is done in the pre-contractual phase of the negotiations. From the outset, an agreement will not be comprehensive enough to cover all the necessary details of a binding formal agreement. But its lack of detail is also its strength; the parties less often find something they disagree on. Mengutip Investopedia, Head of Agreement merupakan perjanjian dasar terkait kerja sama maupun transaksi. Head of Agreement dikenal pula dengan istilah heads of terms atau letter of intent.
Since most aspects of an agreement are not binding, there is little recourse for non-compliance by either party. Indeed, they only apply to the legally binding conditions set out above. Where a party violates these binding terms, the other party may seek an injunction, appropriate remedy, damages or a specific performance. Once both parties have reached a broad consensus on a partnership or transaction and signed an agreement document, the next step is to involve lawyers and accountants in order to clear the details. This information may include a number of conditions that must be met before a final agreement is concluded. The next step is the signing of a binding contract, although an agreement can be terminated at any time by both parties with some reservations. A Heads of Agreement is a non-binding document that sets out the basic terms of a preliminary partnership agreement or transaction. . . .