🚧cyber-valley/cve/legal/notes/open questions.md

Open drafting questions — release gate

Held outside land rights agreement deliberately, so that an open item cannot travel into a signable text. Nothing is drafted for execution while an item here is open against the clause being drafted.

Moved out of the framework at v0.4.2.

BPN Buleleng

Answered by the land office in writing. Neither blocks the first lease.

  • Confirm whether PBG alone, without a completed building, satisfies the rumah tinggal test for conversion to Hak Milik — §4.2. Asked before the first upgrade is promised, not before the first lease is signed
  • Confirm that no parcel of the Estate sits on the LP2B register of protected farmland. The zoning classification is known; LP2B is a separate designation that freezes land as farmland whatever the zoning says

Notary and PPAT

  • Confirm how far KUHPerdata Pasal 1493 allows the seller's warranties to be excluded, and what the following articles preserve
  • Confirm the assignment-by-way-of-security construction in §2.9, hak sewa being outside UU 4/1996 Pasal 4

Counsel

  • The threshold at which the aggregate activity may be characterised as perumahan, which would trigger the housing-law regime
  • Whether §9A survives a challenge under KUHPerdata Pasal 1320 on lawful cause

Shareholders — Voinova and Starodubtsev

Commercial decisions. Nobody else can take them.

  • Set the minimum remaining term under §2.1 below which a Plot is not offered under Part A at all
  • Decide the Z1 plot grain together with §4.3 sizing and the 600 m² simplified-route threshold
  • Decide the covenant mechanism that survives conversion to Hak Milik — this determines whether the community holds together long-term

Our own work

No external answer needed.

  • Audit the term of every Title from the certificates: grant date, expiry, cycle position, and the date by which an extension must be filed; enter into Annex A and the title calendar under 9B.9
  • Find the current Peraturan Menteri limits on a foreign Holder — minimum price, land area, number of parcels — under PP 18/2021 Pasal 72, and enter them in §3.2
  • Settle any already-known area shortfall before locking pure per aversionem under §2.7

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