ANALISIS YURIDIS PEMBAGIAN WARIS TERHADAP AHLI WARIS YANG DITETAPKAN HILANG DI PENGADILAN AGAMA BANTUL

This research is aimed at identifying the considerations of the Panel of Judges in giving their verdict on the missing or absent beneficiary (mafqud) in the Bantul Religious Court which will be used by the family to manage the rights and obligation of the missing person. It also identifies how the family distributes the inheritance of the benefector to the beneficiaries, one of which is considered missing. This research is a combination of normative research and empirical research. Research data were in the form of secondary data obtained from library research consisting of primary, secondary and tertiary legal materials. Meanwhile, primary data were obtained from field research by interviewing people who relate to this cases. The result of this research indicated that considerations of judge in handing down the cases include the duration of the person (mafqud)�s going, reasons of going, and indication that shows that the person is still alive or dead, so that the judge could legally hand down the verdict that the person has passed away. After the verdict was handed down, the family distributes in inheritance for all beneficiaries including the missing person. From the four investigated cases, it seen that the distribution was conducted in several different ways, namely through deliberation aiming at reaching a consensus, custamary law and Islamic law. The beneficiaries agree to choose different and fair methods of distribution to fit the condition of their family by considering the economic level, needs, sense of family and appropriateness