The Roles of Penghulu on Small Estate Distribution

Abstract

Distribution of the estate is one of the most important issues in the human life. The property acquired through the distribution of the estate can lead to an individual’s future. Some people assume that property is used as measure of the success of a person’s life, so there will be room for the disputation in the authority of the estate. The existence of a dispute in the inheritance division takes place in various forms, some of the which caused the inheritance to be divided only after so long as the inherited person died, some also due to the uncertain estate position, and some of the heirs who deliberately committed crucial documents such as death letter, agreement letter and soon. The delay in applying for settlement of the estate after the death of the property owner (deceased) is a common phenomenon occurring in our society. Many cases are not properly addressed by the heirs and have not been resolved immediately even though the death has taken place for several years. There are certain cases which took decades to complete, and even death cases that took place before the Japanese occupation period had not yet been resolved. The community of ours seems to be trivial about the settlement and division of this estate. They seem to be unaware that the postponement in the division creates a very large legal and law. Any estate that left by the deceased should be manage as soon as possible to avoid any other problem that might be occur in the future. There are several applicants who are eligible to apply and manage the estate by the deceased in the Small Estate Distribution Act 1955. Section 8 (1) of the Small Estate Distribution Act provides for the parties who may apply, one of them is head of community or penghulu or placement officer. This paper will discuss the roles of penghulu to assist the community in management of estate, especially unclaimed estate.