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    Three Stages in The Afwezigheid

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    nanda yuniza
    The document discusses the three stages of absence arrangement under Indonesian civil law: 1) The temporary stage where temporary actions can be taken if someone leaves their residence without appointing a representative or managing their assets for urgent reasons. 2) The statement stage where after 5-10 years of not returning or communicating, a person can be declared presumed dead. The court issues permission for public notices. 3) The definitive inheritance stage where inheritance is finalized after 30 years of the presumed death declaration or 100 years from the absent person's birth, or if their death is confirmed. The absent person's rights return if they reappear, with conditions.

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    Three Stages in The Afwezigheid

    Uploaded by

    nanda yuniza
    14 views3 pages
    The document discusses the three stages of absence arrangement under Indonesian civil law: 1) The temporary stage where temporary actions can be taken if someone leaves their residence without appointing a representative or managing their assets for urgent reasons. 2) The statement stage where after 5-10 years of not returning or communicating, a person can be declared presumed dead. The court issues permission for public notices. 3) The definitive inheritance stage where inheritance is finalized after 30 years of the presumed death declaration or 100 years from the absent person's birth, or if their death is confirmed. The absent person's rights return if they reappear, with conditions.

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    Three Stages in the Afwezigheid

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    The document discusses the three stages of absence arrangement under Indonesian civil law: 1) The temporary stage where temporary actions can be taken if someone leaves their residence without appointing a representative or managing their assets for urgent reasons. 2) The statement stage where after 5-10 years of not returning or communicating, a person can be declared presumed dead. The court issues permission for public notices. 3) The definitive inheritance stage where inheritance is finalized after 30 years of the presumed death declaration or 100 years from the absent person's birth, or if their death is confirmed. The absent person's rights return if they reappear, with conditions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    14 views3 pages

    Three Stages in The Afwezigheid

    Uploaded by

    nanda yuniza
    The document discusses the three stages of absence arrangement under Indonesian civil law: 1) The temporary stage where temporary actions can be taken if someone leaves their residence without appointing a representative or managing their assets for urgent reasons. 2) The statement stage where after 5-10 years of not returning or communicating, a person can be declared presumed dead. The court issues permission for public notices. 3) The definitive inheritance stage where inheritance is finalized after 30 years of the presumed death declaration or 100 years from the absent person's birth, or if their death is confirmed. The absent person's rights return if they reappear, with conditions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Three Stages in the Absence (Afwezigheid) Arrangement

    Proposed to Fulfill the Assignment of


    Civil Law
    1st Task

    Arranged by:
    Nanda Yuniza Eviani (B011211236)
    Law Faculty
    Majoring Law Studies

    UNIVERSITAS HASANUDDIN
    2021/2022
    The Definition of Absence or Afwezigheid
    The terms of absence or afwezigheid is regulated in the Book 1 Chapter XVIII of the Civil
    Code (KUHPer) starting from Article 463 until Article 495. The words of absence or
    afwezigheid is defined as a terms of someone who is not in place because he has left his
    residence for a certain time without leaving any message or something or someone that has
    authority to represent himself or taking care of his assets.

    Based on the provisions on Article 463 and Article 467 of the Civil Code, it can also be
    concluded that the term of absence (afwezigheid) can be defined as the absence of a person at
    his residence or domicile because he has left his place of residence either by leaving power of
    attorney or not, whereas his whereabouts are unknown.

    The Stage of Absence or Afwezigheid Arrangement Based on the Civil Code


    In the Civil Code, the terms of being absent of afwezigheid is divided into three phases, which
    are; 1) the preparation phase or temporary action (voorlopige voozieningen) which regulated
    in Article 463 until 466 of the Civil Code, 2) the statement of someone who is absent may have
    or has died (vermodelijk overladen) which regulated in Article 467 to 483 of the Civil Code,
    and 3) the definitive phase of inheritance (definitieve efopvolging) as regulated in Article 484
    of the Civil Code..

    A. Temporary Stage/Action (coorlopige voozieningen)


    This temporary action can be taken due to :
    1. Someone has left his residence.
    2. a) a person who has left his place of residence does not give his authority to another
    person as his representative to represent himself and manage his assets, b) the person
    does not manage his own assets and interests, c) the power or authority of his
    representative is no longer valid or has expired.
    3. If there are any urgent reasons to manage all or part of his assets, or to appoint a
    representative for them.

    B. The Statement of Someone who is Absent May Have or Has Died (vermodelijk
    overladen)
    If a person has left his place of residence for a long time, does not return without informing his
    condition, his absence can be used as a reason for legal suspicion that the person has died. To
    determine a person’s death statement, his period of time of not returning could be use as a
    determination, which are :
    1. Five years, if a person who leaves his residence does not appoint any representative to
    represent himself and manage his assets or does not taking care of his interest. (Article
    467 of the Civil Code)
    2. Ten years, if a person who has left his residence has appointed a representative of
    himself to manage his assets or the term and arrangement of his assets or the authority
    of the representative has expired, or the rules that he made earlier have ended. (Article
    470 of the Civil Code).

    Before making decision, the court gives permission to the intended parties to make general
    calls or summons by advertising to the newspaper three times.

    C. Definitive Inheritance (definitieve efopvolging)


    Definitive inheritance occurs after more than 30 years after the day that the statement of alleged
    or presumption of death is stated in the Court Decision. Or if before that, a period of 100 years
    has passed since the day of the person who has left his place of residence birth. Definitive
    inheritance can also occur after receiving news about the truth of the death of someone who
    has left his residence. After that, the heirs can make a distribution of their inheritance.

    With addition information, the person who is not in that olace, basically still has the right and
    authority to act, if he reappears, then all of his rights and obligations come and return back to
    him with certain conditions or restrictions.

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