Implikasi Afwezigheid Serta Kedudukan Hukum Orang Tidak Hadir Di Dalam Perkawinan

Abstract

The state of absence (afwezigheid), that is, where a person is not at his or her residence at any given time. A person declared for afwezigheid resulting in his position by civil law was considered to have died jurisdictionally, resulting in the potential removal of his rights and obligations. A legal issue arising from the issue of afwezigheid is that there are serious implications for the fulfilment of a person's rights and obligations in marriage. Whether his position is likened to a broken up because of death or divorce, then what is his position when the individual returns. Research methods used in discussing this writing legal issue, using a normalized jurist study type by examining library or secondary data consisting of primary legal materials, secondary law materials and tertiary law materials related to the absence of present (afwezigheid) and their position in marriage. Then, with his research approach using 3 (three) the approach of legislation (approach approach), the conceptual approach (conceptual approach), the historical approach). Next, for the method of collecting legal materials using the document study method (literature study). This technique provides the basis for theory by reviewing and studying books and regulations of legislation, which relate to afwezigheid.