Abstract
The research aims to analyze and find out the legal standing of absenteeism ( afwezigheid ) to the guarantee of civil rights protection in Indonesia. The research is a normative legal research by using a statute, conceptual and philosophical, and comparative approaches. The results show that the essence of absenteeism ( absentee dominii ) is a guarantee of legal protection certainty against the inability of legal subjects to attend when expected. Legal protection certainty can occur because of the presence of representatives based on court decisions. The implementation of absenteeism regulations includes regulations that are not in sync with higher regulations, namely, the regulation of the Minister of Finance (PMK) on the settlement of Chinese foreign assets. This PMK is still implemented by taking advantage of the unsynchronized regulations. There are also regulations which are equivalent but can be implemented by applying the legal principle lex specialis derogat legi generali . The management of absenteeism is carried out through publicity and supervision carried out by the Attorney General, BPK and tiered supervision within the Ministry of Law and Human Rights of the Republic of Indonesia. Management until the 30-year expiration period is a form of legal protection for civil rights for absentees. Keywords: Absenteeism; Civil Rights; Land; Legal Protection DOI: 10.7176/JLPG/102-09 Publication date: October 31 st 2020
Highlights
The consequence of Indonesia has been declared as a constitutional State, certainly for all actions must be based on law both written and unwritten
Researchers are very respectful if PMK still uses the solution of afwezigheid. This PMK has been challenged a lot, if we look closely at the parties, the plaintiffs can have their claims granted,1 for example in Tanjungpadang the ruling of the District Court Decision No: 20 / Pdt.G / 2012 / PN.Tdn dated October 3, 2013, it ended in the Supreme Court, the petition was rejected
Legal protection certainty can occur because of the presence of representatives based on court decisions
Summary
The consequence of Indonesia has been declared as a constitutional State, certainly for all actions must be based on law both written and unwritten. As a guarantee of legal purposes, the rights and obligations must be explicitly stated in the constitution or law to ensure legal certainty.. The 1945 Constitution of the Republic of Indonesia provides guarantees of legal certainty in protecting property rights for citizens. The recognition of property rights is a guarantee of legal certainty so that people or even state legal entities may not act arbitrarily to take by force and even illegally control someone’ property. For legal certainty need a hierarchical, consistent arrangement in an effort to protect the rights of everyone even in absenteeism, so that there should be no arbitrariness in having the right of the absenteeism person including the State to control it. The assets of the person in absenteeism are controlled and managed or owned without a court order to administer and represent the absent person. Each absenteeism institution feels entitled, regardless of the core of service institution that was established since its inception, namely the Heritage Hall to solve the problem of absenteeism
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