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Ruminingsih Ruminingsih; Vivin Astharyna Harysart; Mohamad Fikri

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

An heir whose whereabouts are unknown refers to a person presumed missing, with no confirmation of life or death. This thesis examines the juridical settlement of inherited assets under civil law, focusing on Case Study Decision Number: 200/Pdt.P/2023/PN Jkt.Tim. The research employs a normative legal method, analyzing statutory regulations (law in book). According to Article 463 of the Civil Code, an heir whose whereabouts cannot be confirmed still retains inheritance rights, supported further by Article 467. However, if the court officially declares the missing person as deceased, their legal status as an heir ceases, and their position is transferred to a substitute heir. This substitution is governed by Article 841 of the Civil Code, which assigns all rights and obligations of the original heir to the replacement. Importantly, the substitute heir may only assume control of the inherited assets after a court decision has declared the original heir legally missing or deceased. Without such a ruling, no transfer or control of inheritance can occur. This ensures legal certainty and protects the rights of all parties involved in the inheritance process.

Agung Yuliyanto Nugroho; Annisa Fikria Shimbun

ISAINTEK: Jurnal Informasi, Sains dan Teknologi 2023 Politeknik Negeri FakFak

Land ownership disputes are one of the legal and social problems that often occur in various countries, including in Indonesia. These disputes generally arise due to ambiguity or inaccuracies in the administration of land ownership. One of the main causes of this dispute is the absence of a letter or proof of legal land ownership, in addition to this can occur in the distribution of inheritance caused by internal factors, such as parental grants to prospective heirs, but it is unfair and not accompanied by a grant deed, married couples (as prospective heirs) who do not have children or descendants,  the greed of the heirs, the incomprehension of the heirs, the mistake in upholding the siri' and the delay in the distribution of inheritance. The WEBGIS-Based Land Inventory System makes it easier for village or district government officials to record land ownership so that the increase in fulfillment of leter C is reduced, the process of searching and changing data does not take long and the public can find out land information along with the history of ownership transfer shown on the online map.