JRSSEM 2022, Vol. 02, No. 5, 820 – 830

E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494

DOI : 10.36418/jrssem.v2i06.335 https://jrssem.publikasiindonesia.id/index.php/jrssem

IMPLEMENTATION OF THE DISTRIBUTION OF

INHERITANCE OF AFWEZIG PEOPLE IN BANTUL REGENCY,

YOGYAKARTA SPECIAL REGION

Endang Heriyani

th

Abstract: The person who is afwezig cannot be known with certainty whether he is alive or

deceased. An afwezig person is a person who leaves his place of residence. In practice the right of

heirs to demand the division of inherited property faces obstacles because the person who leaves

inheritance of the afwezig, after a judge's ruling that the afwezig 'may have died', with the

obligation to make a record of the property taken, and must carry out calculations, accountability

and hand over to the afwezig, if the afwezig returns to his place of residence, (2) The

implementation of the division of the estate of the afwezig in Bantul District can only be carried

out after there is an afwezig determination from the District Court. So the circumstances of a

person's afwezig must be proved by the existence of an injunction from the District Court. In

practice it turns out that the afwezig returns back to his place of residence, after his property is

bequeathed by his brother. Furthermore, the property of the person who was afwezig by his brother

was returned, but only part of it, so it did not follow the provisions of Article 482 of the Civil Code.

Article 833 of the Civil Code specifies

that all heirs by themselves by law acquire

title to all goods, all rights, and all

receivables of the deceased. The right of

the heir is called the right of saisine.

According to Satrio, the right of saisine is

the right of the heir to do nothing,

automatically or legally replace the

position of the heir in the field of wealth

contained the intention that an object

must have an owner. So if a person dies

then everything that belongs to him at the

time of his death naturally passes to his

surviving heirs.

Article 830 of the Civil Code specifies

that inheritance lasts only by death. Thus,

to be able to inherit someone's estate, it

must be fulfilled the condition that the

person who owns the relic property has

agree that his property should be

withheld first until there is clear news that

the heir who is in a mafqud state has

actually died or is given a verdict by a

judge of his death (Gerry Hard Bachtiar,

2013; 46). Thus, to be able to divide the

inheritance of the heir, it must have

passed away.

leaves an estate (Gregor van der Burght

translated by Tengker, F., 1995: 1).

Likewise, according to Surini Ahlan Sjarif

and Nurul Elmiyah, that the heir is a

deceased person who leaves an

inheritance (2005: 10). According to

rights also have the right to demand the

division of inherited property. According

to Article 1066 of the Civil Code, no one

who has a share in the heritage property

is required to accept the continuation of

the heritage property in an undivided

state. The separation of the property at

any time may be demanded, even if there

is a prohibition against doing so, but

consent may be made for a period of time

separation of the estate, provided that the

estate is open or lost.

demand the division of inherited property

faces obstacles, since the person who

leaves the property in a state of absence.

According to the Dutch-Indonesian

Yogyakarta Special Region

Dictionary of Fockema Andreae Legal

have died juridically (Sharifah Amalia binti

Tahir et all., 2021:213).

An afwezig person is a person who

leaves his place of residence without

appointing another person to represent

and take care of his interests (Satrio, J.,

1999: 208). In the study of Islamic Law

(fiqh) Muslims are called 'mafqud', that is,

people who are cut off from the news so

that their life and death are unknown

Pohan; 1995: 242):

others to take care of their

interests.

7). Representing and taking care of

the interests of the absent, not

of the Civil Code specifies "No

punishment shall result in civil death or

loss of any civil right". Thus the state of

afwezig does not deprive it of its status as

a subject of law, that is, as a person with

rights and obligations. This means that

the person who is afwezig remains

entitled and arbitrary to do over his

property. The state of being absent/in

place does not stop his status as a subject

performing legal acts against his property.

The obligations of an afwezig person are

no different from those of a person

present/on-site, for example; if his status

as a husband is then obliged to provide a

living to his wife and children. Likewise, if

you are domiciled as a person who

borrows money, then you are still obliged

to make payments to the creditor. The

obligations of the afwezig person may be

without giving a power of attorney to his

family, or other people to represent

a person suffers from a mental disorder,

so he just leaves aimlessly. There were

also those who were forced to leave their

residences because they were forced by

Dutch colonists to perform forced labor

outside the area where they lived as

romusha. In addition, the cause of

someone leaving their place of residence

because they committed immoral acts so

that they were expelled from their

it is possible that the existence of afwezigs

can be found. Indonesia is a country that

often experiences natural disasters, such

as; earthquakes, tsunamis, and calamities

of sunken ships or airplanes that have

crashed can cause a person to go missing

whose whereabouts cannot be known.

The person who is afwezig has not

necessarily passed away, at any time he

property, so his property and interests

need to be protected. An absentee

(afwezig) who does not appoint a

representative/power of attorney to take

care of his property or his interests may

cause legal problems and uncertainties.

have died definitively and the heir is

required to be still alive with certainty at

the time of the heir's death. Inheritance

been mentioned above, the formulation

of the problem is:

a. Normative research uses legal

Yogyakarta Special Region

1) Primary legal material:

b) Journals on the Law of

Persons and the Law of

Inheritance.

c) Papers on the Law of

Persons and the Law of

Inheritance.

3) Tertiary legal material in the

form of a legal dictionary.

b. Sociological/empirical research will

look for primary data and secondary

Regency, Yogyakarta Special

Region.

b) The method of sampling is

carried out by direct

appointment (purposive

sampling) by researchers from

the population of the

the afwezig person.

Secondary data are searched

for with literature studies. In

this study, the process of

searching for secondary data

in empirical research was

carried out in conjunction with

the process of literature study

methods, namely what is true or should be

according to law, and

sociological/empirical research is carried

out with a descriptive method with a

qualitative approach, namely by providing

RESULTS AND DISCUSSION

condition for the occurrence of

through several stages to be able to pass

on the property of the afwezig. According

measures.

measures are regulated in Articles 463 to

465 of the Civil Code. From the provisions

of Articles 463-465 of the Civil Code, the

following concepts can be known:

1) The District Court in which the person

Thus the District Court may appoint

the Heritage Hall or his family to take care

its property, because the parties who

control his property when the afwezig

leaves his place of residence, have the

obligation to return his property.

2. The stage of the statement may be

467-481 of the Civil Code.

2) The court may delay the making of a

Yogyakarta Special Region

1. All heirs after possession of all the

3. Those who have received some of the

known that the concepts in the definitive

inheritance period are:

3) If the afwezig returns after the

B. Implementation of the Division of

The person who is afwezig as long as

it has not been confirmed to have died,

wherever he is located still has rights and

also remains burdened with obligations,

and is capable of carrying out legal

actions against his property. According to

People who are afwezig do not necessarily

have passed away, at any time can return

to their place of residence. The afwezig

person remains arbitrary and acts against

his property, so his property and interests

need to be protected.

implementation of the division of

inheritance belonging to the afwezig

person is only carried out after a

determination from the District Court,

that a person has been designated

afwezig. So the circumstances of a

person's afwezig must be proved by the

existence of an injunction from a District

court judge. After a determination from

the District Court judge that one has been

10/Rev.P/2007/PN.Btl. In the said

determination the petitioner a mother

and the four siblings as heirs wish to

divide the estate of an heir who since

1967 has left the hamlet of Watu 07

Argomulyo Village, Sedayu District, Bantul

Regency; and his whereabouts are

unknown, and have never returned and

neither his whereabouts nor his place of

residence are known, nor is it known

Sovereignty of Yogyakarta and through

Radio Persatuan Bantul but still has not

been found, his whereabouts are

unknown, either alive or deceased.

Furthermore, in order to deal with the

inheritance or to divide the inheritance of

the aforesaid land, to the heirs (the

Yogyakarta Special Region

petitioners) there is a Determination of

(afwezig)".

Before the judge gives an injunction,

the judge first considers several things,

namely:

1) The Petitioners have attempted to find

the whereabouts of the afwezig heir,

either seeking information from someone

who recognizes him or through the Call

and Search through the People's

Sovereignty newspaper and

known to the village head of Argomulyo

Village and Sedayu Sub-district.

3) That the determination of absence

(afwezig) of the Bantul District Court is

necessary to administer or carry out the

division of inheritance in the form of 1

(one) plot of paddy land letter C No 108a

area of 685 M2 of Argomulyo village.

Furthermore, the judge in view of

Article 463 of the Civil Code and the

can be known from the considerations

taken by the judge. To establish that a

person is in a state of absence (afwezig),

radio of the Bantul Union. This is an effort

to protect the law for the afwezig. By

calling through newspapers or radio, it is

hoped that the afwezig or someone else

who knows the existence of the afwezig

knows that the afwezig is waiting for news

and his return. In addition, there is an

affidavit from the petitioners (heirs)

stating that if the afwezig returns, the

petitioners are able to return what is their

inheritance/relics in the form of one piece

of paddy land is carried out by selling the

inheritance. Further from the sale of the

inherited land, the proceeds are divided

to each heir.

divided, it is possible that the afwezig

returns to his place of residence. In

practice, it turns out that the person who

has been designated by the judge as

his place of residence. So it is only given a

part of his property, so it does not follow