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All Journal Jurnal Wawasan Yuridika Nagari Law Review UNES Journal of Swara Justisia Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities Lareh Law Review Jurnal Hukum dan Pembangunan
Shafira Hijriya
Fakultas Hukum Universitas Andalas
Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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PEMBATALAN PENGANGKATAN ANAK PADA PRAKTEKNYA DI PENGADILAN NEGERI BUKITTINGGI Zahara Zahara; Yulia Mirwati; Shafira Hijriya; Tasman Tasman
UNES Journal of Swara Justisia Vol 7 No 1 (2023): UNES Journal of Swara Justisia (April 2023)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ujsj.v7i1.329

Abstract

Adoption is a necessity for every family that cannot have children, especially for married couples who do not have children so they make adopted children like biological children. Problems arise if the adoptive parents submitted a lawsuit for canceling the adoption. This paper is the result of legal research method using an empirical juridical problem approach. The legal considerations are that a court may not refuse to examine and decide on a case submitted to the court, even though there is no special arrangements or have not been regulated in existing legislation regarding the cancellation of child adoption, the judge who examines the case must be able to explore, follow, and understand legal values and a sense of justice in society. The reasons for canceling the adoption of this child in this case are the feeling of disappointed with the actions of the adopted child who do not pay attention to their adoptive parents; does not respect his adoptive parents, causing less harmonious communication; adopted children do not take care of their adoptive parents who are elderly or sick, even if their adoptive mother dies, so the adopted child is considered not fulfilling their obligations as a child.
Perlindungan Hukum Bagi Anak Angkat Berdasarkan Undang-Undang No 23 Tahun 2002 Tentang Perlindungan Anak di Propinsi Sumatera Barat Zahara Zahara; Yulia Mirwati; Shafira Hijriya
UNES Journal of Swara Justisia Vol 7 No 3 (2023): UNES Journal of Swara Justisia (Oktober 2023)
Publisher : Program Magister Ilmu Hukum Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/ujsj.v7i3.421

Abstract

Pengangkatan anak angkat merupakan bagian dari substansi hukum perlindungan anak yang telah menjadi bagian dari hukum yang hidup dan berkembang di masyarakat. Hal penting yang perlu digarisbawahi adalah bahwa pengangkatan anak harus dilakukan melalui proses hukum dengan hasil penetapan pengadilan, baik di lingkungan Pengadilan Negeri maupun di lingkungan Pengadilan Agama. Tulisan ini merupakan hasil penelitian hukum dengan pendekatan masalah yuridis empiris. Hasil penelitian menunjukkan bahwa bentuk perlindungan terhadap anak angkat di tiga kota di Sumatera Barat; Padang, Bukittinggi, dan Payakumbuh adalah; Pertama, melalui uji coba Pertimbangan Izin Pengangkatan (PIPA). Pada uji coba kali ini dilakukan pembedahan terhadap calon orang tua angkat (COTA) dari segala aspek, baik dari aspek kesehatan, hukum, status perkawinan, hingga hukum adat. Kedua, melalui permohonan pembatalan pengangkatan anak terhadap anak yang diangkat. Apabila dikemudian hari diketahui telah terjadi perlakuan yang bersifat diskriminatif, baik eksploitasi ekonomi maupun eksploitasi seksual, penelantaran, kekejaman, kekerasan dan penganiayaan, ketidakadilan, perlakuan buruk lainnya terhadap anak angkat yang dilakukan oleh orang tua angkat, maka status anak angkat tersebut dapat dicabut dengan cara yang sama. Pengadilan dengan mengajukan permohonan pembatalan kepada pengadilan yang bersangkutan. Kendala yang timbul dalam efektivitas undang-undang perlindungan hak anak adalah ketidaktahuan masyarakat mengenai pengadilan yang akan memproses pengangkatan anak baik itu pengadilan negeri maupun pengadilan agama serta birokrasi yang terlalu lama dalam proses pengangkatan anak menimbulkan kerugian bagi para pihak. terlibat dalam adopsi tersebut rasanya terbebani karena memakan banyak waktu, biaya, dan tenaga.
Status Badan Hukum Perseroan Perorangan Ditinjau dari Hukum Perusahaan Indonesia Rizky Yonanda; Zahara Zahara; Shafira Hijriya
Lareh Law Review Vol. 1 No. 1 (2023): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.1.1.1-16.2023

Abstract

Limited Liability Company (LLC) is a legal entity that was born based on an agreement, this has been in effect since the KUHD era to Law Number 40 of 2007 concerning LLC. This concept then underwent a change after the enactment of Law Number 11 of 2020 concerning Cipta Kerja which introduced a new model of LLC, namely an Single Member Limited Liability Company (SMLLC) which is intended for businesses that meet the criteria as Micro and Small Enterprises (UMK). This is contradictory to the principle of a legal entity which requires the legal entity to be a place where people gather to achieve collective goals; and contrary to the prevailing doctrines in legal entities so far. Based on this, this study aims to discuss the legal status of SMLLC and the consequences for the separate entity doctrine by using a normative-juridical research typology. The legal status of an individual company has fulfilled the formal requirements as a legal entity, namely the existence of approval by the state. However, materially SMLLC does not automatically fulfill the four other legal entity requirements, namely the existence of assets entity separation, a specific purpose, self-interest, and organ structure, so that an SMLLC doesn’t meet the requirements as a legal entity. Then,  the personality of the founder also cannot be separated from the personality of the legal entity. This is linear with the increasingly dominant role of the piercing the corporate veil doctrine, and reducing the role of the separate entity doctrine itself
THE BANKRUPTCY OF AIRLINES AS LESSEE IN FINANCE LEASING BASED ON CAPE TOWN CONVENTION 2001 AND HARMONIZATION WITH THE BANKRUPTCY AND SUSPENSION OF PAYMENT ACT NUMBER 37 YEARS 2004 Hijriya, Shafira
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

By the development of the airlines industry in Indonesia today, international lease finance from all around the world (lessor) puthigher trustto airline business in Indonesia. In reality many airlines company (lessee) is bankrupt, because of the inability to pay his debt to the lessor. Based on the Irrevocable Deregistration and Export Request Authorization (IDERA) in the Cape Town Convention, if the airlines company had been bankrupt and could not pay the debt of finance leasing, the aircrafts must bereturned to the finance leasing. In contrary, there is disparities with Bankruptcy and Suspension of Payments Act No.7/2004 in Indonesia, so we need to harmonize the regulation between Bankruptcy Law and Leasing Rule in Indonesia with International Regulation to create the legal certainty to both companies
Strategies for Ratifying Marriage Agreements to Avoid Partnership Liabilities Almaududi Almaududi; Shafira Hijriya
Jurnal Wawasan Yuridika Vol 7, No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4217

Abstract

This research aims to analyze the regulations and strategies for validating marriage agreements. This normative juridical research prioritizes secondary data as primary, secondary, and tertiary legal materials. Data was collected through document and literature studies and then analyzed qualitatively using a statutory and historical approach. The research findings indicate that the development of marriage agreement regulation can be categorized into three phases: before the enactment of Marriage Law, after the enactment, and after the Constitutional Court Decision No. 69/PUU-XIX/2016. Moreover, regulation remains unclear and has not been followed with legislation, giving rise to "strategies" to avoid partnership liabilities. One party may create a marriage agreement after entering into Marriage, and subsequently, that party only validates the marriage agreement before a notary (waarmerking).
Kedudukan Negara Sebagai Kreditur Preferen dalam Piutang Pajak dalam Kasus Kepailitan Shafira Hijriya
Nagari Law Review Vol 1 No 1 (2017): Nagari Law Review (NALREV)
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.1.i.1.p.33-55.2017

Abstract

State has preference right in obtaining repayment of the insolvent company. The position of secured creditors are not affected by the bankruptcy. This means that creditors can exercise their rights as if no bankruptcy occurred, so it will generate inequality among creditors tax receivables (state) with secured creditors. After the bankruptcy decision handed down, the organization of the bankrupt debtor assets will switch to a curator under the supervision of the supervisory judge. Curator duty to sell or transfer the bankruptcy estate to the extent necessary to cover the cost of bankruptcy. Sometimes the sale of the bankruptcy estate is insufficient to pay the debt debtor bankruptcy, including tax. The purpose of this research article was to compare the tax receivable creditor position with secured creditor and other creditors in case of bankruptcy and to know the completion of the allocation of the bankruptcy estate if it is not sufficient to pay the tax debt and other debts under the Bankruptcy and Suspension of Payment Act and the Taxation General Provisions Act. The results of this research article showed that, first, the position of the state as compared to the secured creditor and other creditors in case of bankruptcy under the Bankruptcy and Suspension of Payment Act and the Taxation General Provisions Act is at a higher position than the position of the secured creditor and other creditors because of preference’s rights that take precedence in the repayment of debt of debtor. Second, the completion of the allocation of the bankruptcy estate if it is not sufficient to pay the tax bill and other bills is to give priority to pay off the tax bill is divided in proportion to the ratio of the amount of the bill, respectively, although the rest of the tax bill has not been paid off, is not considered the responsibility of the curator again because the bankruptcy has ended.
Implementasi PP No 24 Tahun 2018 Tentang Pelayanan Perizinan Berusaha Terintegrasi Secara Elektronik Atau Online Single Submission Dalam Meningkatkan Investasi Di Sumatera Barat Upita Anggunsuri; shafira hijriya
Nagari Law Review Vol 5 No 2 (2022): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.5.i.2.p.171-183.2022

Abstract

Online Single Submission is a system developed by the government by reforming the administrative mechanism of business licensing services. The aim of this study is to find out the implementation of Government Regulation Number 24 Year 2018 concerning Electronic Business Licensing Services or Online Single Submission (OSS) fundamentally changing the permit issuance system from complicated to simple in West Sumatra. The method of research is empirical juridical. This research endeavours to answer the following questions : how to implement the Government Regulation Number 24 Year 2018 concerning Electronic Business Licensing Services to boost the investment in West Sumatra and what the obstacles faced in implementing Government Regulation Number 24 Year 2018 concerning Electronic Business Licensing Services to enhance the investment in West Sumatra and make the efforts to alleviate the issues. The result of this research shows that OSS has been implemented since 2018 in West Sumatra through the use of the OSS Version 1.0 application published by the Central Government. Furthermore, the implementation of OSS by the government of West Sumatra is also supported by the SIPSAKATO (SAKATO Licensing Information System) application related to addressing the essence of an integrated OSS system both at the Ministry level and the Regency or City levels. In practice, the implementation of OSS Version 1.0 had many weaknesses, thus the Government issued OSS version 1.1 to replace OSS Version 1.0. The use of the OSS Version 1.1 application is strengthened through the issuance of Government Regulation Number 5 Year 2021 concerning the Implementation of Risk-Based Business Licensing. The obstacles in the implementation of OSS in West Sumatra include the lack of understanding or education of the public regarding information on the licensing service process through OSS, as a result, it has logical consequences for the readiness of the government through related agencies on the importance of education and socialization to business actors due to the technical mechanism for digital licensing has an impact on the perception and readiness of business actors in implementing OSS. The availability of adequate human resources is expected to be able to provide the integrated education and socialization related to providing benefits, forming a positive perspective between agencies or institutions in communicating the role of OSS in economic growth. All stakeholders are expected to work together in supporting OSS system to improve the domestic and foreign investment in West Sumatera.
Strategi Merger Dalam Meningkakan Stabilitas Ekonomi Di Masa Pandemi Covid-19 Upita Anggunsuri; Shafira Hijriya
Nagari Law Review Vol 4 No 2 (2021): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.4.i.2.p.142-153.2021

Abstract

The government issued several regulations to stimulate the economy that have worsened due to the Covid-19 pandemic. The issuance of Regulation of the Financial Services Authority No. 18/2020 on Written Directives for the Handling of Distressed Banks, so Financial Services Authority has authority to give written directives to financial services institution to do merger, consolidation, acquisition, integration, and conversion. This research aims to analyze the legal implications of the issuance of Regulation of the Financial Services Authority No. 18/2020 on Written Orders for Handling of Distressed Banks, which resulted in monopolistic practices and unfair competition. It is contrary to Law No. 5/1999. This research endeavors to answer the following questions: how the merger strategy to increase economic stability during the Covid-19 Pandemic and the obstacles faced implementing the merger to increase economic stability during the Covid-19 Pandemic, and the efforts that can be made to overcome it. The research method used is juridical normative. The study concludes that the relevant merger strategy approaches to be applied by banks during the pandemic are Horizontal Mergers and Market Extension Merger. The second approach to the merger strategy can be a consideration for banks to implement Regulation of the Financial Services Authority No. 18/2020. The obstacles faced to implement the merger are the Bank's unreadiness in responding to Regulation of the Financial Services Authority No. 18/2020 because the complicated merger process does consider the tangible assets of the banking system and aspects intangible assets. Then, the overlap of several Regulations with the issuance of Regulation of the Financial Services Authority No 18/2020 (the overlap Regulation of the Financial Services Authority No 18/2020 on Written Orders for Handling of Distressed Banks with Law No. 5/1999 on Prohibition of Monopolistic Practices and Unfair Business Competition and Government Regulation No. 57/2010 on Merger or Consolidation of Business Entities and Acquisition of Shares which May Result in monopolistic Practices and Unfair Business Competition). It can have an impact on monopolistic practices and unfair business competition.
Bankruptcy of Individual Debtors Regarding Joint Assets of Husband and Wife Shafira Hijriya; Misnar Syam
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.797

Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the Almighty Godhead. The existence of this marriage results in the union of the husband's assets with the wife's assets, which is usually known as joint assets. However, this can be waived if there is a marriage agreement before the marriage takes place. The regulation of the concept of joint property in a husband and wife marriage experiencing bankruptcy is divided into two, namely for husband and wife who are married with a marriage agreement and for husband and wife who are married with a union of assets. For bankruptcy resolution, if joint assets are insufficient to pay debts, it must be proven that the debt is a personal debt or a joint debt.
Strategies for Ratifying Marriage Agreements to Avoid Partnership Liabilities Almaududi, Almaududi; Hijriya, Shafira
Jurnal Wawasan Yuridika Vol 7 No 2 (2023): September 2023
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v7i2.4217

Abstract

This research aims to analyze the regulations and strategies for validating marriage agreements. This normative juridical research prioritizes secondary data as primary, secondary, and tertiary legal materials. Data was collected through document and literature studies and then analyzed qualitatively using a statutory and historical approach. The research findings indicate that the development of marriage agreement regulation can be categorized into three phases: before the enactment of Marriage Law, after the enactment, and after the Constitutional Court Decision No. 69/PUU-XIX/2016. Moreover, regulation remains unclear and has not been followed with legislation, giving rise to "strategies" to avoid partnership liabilities. One party may create a marriage agreement after entering into Marriage, and subsequently, that party only validates the marriage agreement before a notary (waarmerking).
Co-Authors Almaududi Almaududi Almaududi, Almaududi Anggunsuri, Upita Mirwati, Yulia Mirwati, Yulia Rizky Yonanda Syam, Misnar Tasman Tasman Tasman Tasman Upita Anggunsuri Zahara Zahara Zahara Zahara