Legal Standing of Absenteeism (Afwezigheid) to the Guarantee of Civil Rights Protection

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