PERLINDUNGAN HUKUM TERHADAP AHLI WARIS YANG MEMPEROLEH WARISAN TANAH ABSENTEE

The question of inheritance is a classic problem faced by humans as the subject of law, which is more interesting if the inheritance changes the right of property which should be the absolute right of the heir to be absentee because the heirs are domiciled outside the subdistrict of the heirs object. This is regulated in Article 3 paragraph (1) of PP 224 of 1961 jo Article 1 of Government Regulation no. 41 of 1964 which states that the ownership of agricultural land by persons residing outside the sub-district where the location of the land is prohibited. Accordingly, it is stipulated that the owner of agricultural land residing outside the sub-district where the land is located shall transfer the right to his land to another in the sub-district of the land or move to the sub-district of the location of the land unless the distance of his sub-district is adjacent to the owner and the land, It is still possible to work the soil efficiently so that its productivity can be optimized. Ratio Legis of the enactment of government regulations regarding the prohibition of absenteeism in Indonesia on several factors, risk factors and factors of justice, while the requirement of inheritance, the requirement of absenteeism can eliminate one’s inheritance rights