KEDUDUKAN AHLI WARIS TERHADAP HARTA WARISAN SESEORANG YANG DIDUGA MENINGGAL DUNIA (KEADAAN TIDAK HADIR)

The intended national and planned legacy of national heritage is based on Islamic Law, Customary Law and Civil Law (Burgerlijk Wetboek). The purpose of this paper is to know how the determination, position and legal consequences of the allegedly dead or the absent (afwezigheid), as well as legal protection for his heirs according to Civil Law. The determination by the District Court of “afwezigheid” in the perspective of the Inheritance Law of the Inheritance of the Inheritance of the Inherited Law, if 5 (five) years have passed since the departure of the absent from his residence, may apply to the District Court. The District Court shall examine and call to the absentee, and if the absentee does not appear / present without authorizing a representative, the District Court shall make a general summonment for a period of at least 3 (three) months (467 BW). If the absentee is not present, the District Court will determine that the absentee is suspected to have died. It is by this determination that the heirs can control the inheritance of the absentee and, if necessary, the moment left behind, may establish a new marriage with another person (495 BW)