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Juridical Analysis of Procedures and Stages of Determining Criminal Suspects Against Perpetrators of Traffic Accidents Due to Negligence (Research Study at the Barelang Police Traffic Unit, Batam) Anggara, Risky; Fadlan, Fadlan; Jihad, Kaspol; Prasetyasari, Christiani
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.1338

Abstract

The procedure and stages for determining a suspect in a traffic accident crime due to negligence are carried out in stages, receiving a report or complaint from someone about a criminal act, seeking information and evidence, in Article 311 of Law Number 22 of 2009. The sound of Article 311 is explained that paragraph (1) Every person who deliberately drives a motorized vehicle in a manner or condition that is dangerous to life or property shall be punished with a maximum imprisonment of 1 (one) year or a maximum fine of IDR 3,000,000.00 (three million rupiah). The problem in this research is what the law is, its implementation and what factors become obstacles and obstacles in the procedures and stages of determining suspects for perpetrators of criminal traffic accidents due to negligence. This research uses a descriptive analysis method using a normative approach (legal research) and is supported by empirical research. This was carried out to obtain primary data obtained through interviews through field research (research). The results of this research explain that Article 1 number 24 of Law Number 22 of 2009 concerning Road Traffic and Transportation states that a traffic accident is an unexpected and unintentional event on the road involving a vehicle with or without other road users which results in human casualties and/or property loss, minor traffic accidents which are accidents that result in damage to vehicles and/or goods, accidents that result in minor injuries and damage to vehicles and/or goods, serious traffic accidents. It is hoped that this will be done by providing education to the public. regarding traffic and safety when driving, little by little it will create a sense of caution among the public when driving. This aims at education which is carried out by carrying out activities such as seminars held in schools and factories.
Juridical Analysis of Evidence of Crimes of Domestic Violence Against Children (Research Study at Indragiri Hilir Resort Police) Bulan, Puti Lindung; Fadlan, Fadlan; Prasetyasari, Christiani; Nofrial, Ramon; Lubis, Irpan Husein
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.1343

Abstract

In writing this thesis, it is entitled, proving criminal acts of domestic violence against children. Proving is the process of how evidence is used. Proving is providing sufficient grounds for those examining the case in question to provide certainty about the truth of the events being presented, provide certainty to the judge regarding the truth of the events that occurred, and make clear the problem of an act. crime and find the suspect. This research uses a normative type of research supported by empirical research and also data collection techniques carried out through interviews with parties related to the research topic. Apart from that, the author also conducted library research through books and literature related to the research topic. Next, the data obtained was analyzed qualitatively and then presented descriptively. Based on the results of research and discussions in the implementation of Proof of Criminal Acts of Domestic Violence, the results of this research are in accordance with Law Number 23 of 2004 concerning the Elimination of Domestic Violence, that all forms of violence, especially domestic violence, constitute a violation of human rights. and crimes against human dignity and forms of pecuniary discrimination must be eliminated. Therefore, the state and society are obliged to carry out prevention, protection and action. The problems discussed in this thesis are the process of proving criminal acts of domestic violence against children as well as discussing the obstacles and solutions faced by investigators in carrying out proof of criminal acts of domestic violence against children. Based on the research conducted, it was concluded that the factors that cause domestic violence are economic factors, infidelity, parental experience, knowledge, environment, low legal awareness, patriarchal culture and early marriage. The obstacles are the lack of evidence, and the slow pace of reporting victims, while the solutions that have been implemented overcome the obstacles of special attention from parents, the community and law enforcement.
Juridical Analysis of the Process of Terminating Investigations Against Perpetrators of Traffic Accidents that Result in Death (Karimun Police Research Study) Delviane, Annisa; Fadjriani, Lia; Jihad, Kaspol; Fadlan, Fadlan; Prasetyasari, Christiani
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.1339

Abstract

Termination of an investigation is an official action taken by law enforcement authorities, such as the police or prosecutors, to stop the investigation or investigation process into a criminal case. An investigation termination order or SP3 by the Police is a notification letter from the investigator to the public prosecutor that the investigation of the case has been stopped. This research discusses the process of legal regulation of terminating investigations of perpetrators of traffic accidents that result in death which are regulated in Article 109 paragraph (2) of the Criminal Code Law Number 22 of 2009 concerning Traffic and road transportation and to find out the implementation obstacle factors and obstacles as well as solutions to stopping investigations into perpetrators of traffic accidents that result in death. This research is a type of empirical research that uses primary and secondary data sources and analyzes the data using qualitative analysis to then form sentence descriptions that can be easily understood by readers. Based on the research results, the reasons for stopping the investigation into the perpetrator of a traffic accident which resulted in death was that there was peace between the families of the victim and the perpetrator. The investigation was stopped for purely humanitarian reasons and the culture of the people who do not want a complicated process and tend to choose peaceful paths. The process of terminating the investigation of the reporter and the reported party against the perpetrator of a traffic accident that resulted in death is for the police to use their discretionary authority and Standard Operating Procedures for restorative justice. The obstacle experienced by investigators in the process of handling this case is that witnesses do not want to appear at the police to provide information regarding the occurrence of a criminal act, because if there are no witnesses the process of handling the case will definitely be difficult to carry out.
Juridical Analysis of Police Authority for Community Protection of Robberies that Occurred in Batam City (Research Study in the Barelang Police Legal Area) Simanjuntak, Victor Daniel; Fadlan, Fadlan; Prasetyasari, Christiani; Fadjriani, Lia
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.1340

Abstract

In writing this thesis entitled Juridical Analysis of police authority to protect the public from robbery that occurred in Batam City. One form of crime that often occurs in society is the crime of motor vehicle theft. Motor vehicle theft is a crime against property that is not uncommon in developing countries. The phenomenon of violent theft of two-wheeled motorized vehicles or what is better known as "Begal" is a type of crime that has recently become the focus of the wider community. In completing this writing and to complete the required data, the author conducted Empirical Legal research (field), by interviewing sources about the problem being researched, using qualitative data, namely sources at the Barelang Police Station in Batam City, Riau Islands regarding the Role of the Police Against Eradication of Robbery. Preventive Efforts (Prevention) Involving community leaders, youth and religious leaders to prevent acts of violence against victims of muggings Repressive Efforts (Enforcement) using various methods or tactics to reveal the perpetrators to be processed according to law. There is a role for the Barelang Police in criminal acts of theft with violence (Robbery) as regulated in Article 365 of the Criminal Code. This research shows that, in accordance with the duties and authority of the police, they carry out inquiries and investigations as well as arrest the perpetrators and process them in accordance with applicable legal provisions, as well as making efforts to prevent violent acts of theft by carrying out patrols.
Juridical Analysis of Criminal Act Handling Based on Restorative Justice in Resolving Attempted Murder Cases (Research Study at Lingga Resort Police) Sinaga, Gopal Gospel; Fadlan, Fadlan; Prasetyasari, Christiani; Nofrial, Ramon; Pasaribu, Juhrin
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.1341

Abstract

This thesis is entitled Juridical Analysis of Handling Criminal Acts Based on Restorative Justice in Resolving Cases of Attempted Murder (Research Study at the Lingga Resort Police). The formulation of the problem is how the law is regulated and also how it is implemented, obstacles and efforts to overcome obstacles in handling criminal acts based on restorative justice in solving the attempted murder case. The aim is to find out legal regulations and their implementation, obstacles and efforts to overcome them. This research uses empirical (field) legal research and normative legal (literature) research. Using research methods consisting of 2 forms. Namely normative law or doctrine and empirical or sociological law. The normative is through applicable articles and the empirical is through interviews. The results of research on resolving criminal acts using a restorative justice approach aim to resolve conflicts that occur between perpetrators and victims and avoid negative effects arising from the current criminal system. Some jurisdictions may have special restorative justice programs designed for attempted murder cases. These programs can involve meetings between perpetrators and victims, as well as community participation, with the aim of promoting understanding, resolution, and reconciliation. Implementation of restorative justice in attempted murder cases can be carried out in stages.
Juridical Analysis of Shareholder Agreement Letters as a Form of Legal Protection (Research Study in Companies in Batam City) Purwanti, M. M. Fajar; Fadlan, Fadlan; Nurkhotijah, Siti
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.1346

Abstract

Private companies are one of the main pillars of the national economy in sustainable national development. In carrying out business activities, conflicts often occur between the shareholders of a company. The governance of a company is regulated in Law Number 40 of 2007. The reality of the business world is that often the articles of association in the deed of establishment of a Limited Liability Company as a place to accommodate the clauses agreed to by the shareholders cannot accommodate clauses that are specific to the objectives of the shareholders. shares to manage the running of the Limited Liability Company business they established. This research uses empirical juridical methods. The data used uses secondary data taken as primary data from the collection of laws and regulations relating to the object under study, and secondary and tertiary data from official documents, journals and the internet. Data collection was carried out by means of one-sided questions and answers which was carried out systematically and based on the research objectives. From the results of this research, data was obtained that Limited Liability Companies located in the city of Batam do not pay attention to company governance procedures as regulated in the articles of association in the company's Deed of Establishment, thus providing opportunities for misuse of this trust. Progress in business governance is not well anticipated, which creates gaps in increasing conflict between shareholders in the company. The choice of litigation resolution, which takes a long time and is expensive, is an obstacle to resolving this conflict. The Shareholders' Agreement Letter as a mitigation for future conflict management for the shareholders of a Limited Liability Company should be used from the moment the shareholder's self-binding agreement was made when establishing the company. A shareholder agreement is a legal document that regulates the relationship between the company's shareholders, which concerns their interests or the interests of the Company. Explicitly in UUPT no. 40 of 2007, Article 4 states that this law, the Company's articles of association and other statutory provisions, Article 1320 concerning the validity of agreements, Article 1338 of the Civil Code, binding agreements as law for the founders, applies to the Limited Liability Companies. A shareholder agreement letter is an agreement made in addition to the Articles of Association made by the parties.
Analisis Yuridis Terhadap Proses Pendaftaran Kapal Untuk Mewujudkan Kepastian Hukum Status Kapal Pada Kantor Kesyahbandaran Dan Otoritas Pelabuhan Khusus Batam Aliatul Hana, Nurul; Parameshwara, Parameshwara; Fadlan, Fadlan
Jurnal Syntax Fusion Vol 2 No 12 (2022): Jurnal Syntax Fusion: Jurnal Nasional Indonesia
Publisher : CV RIFAINSTITUT

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54543/fusion.v2i12.230

Abstract

This study aims to find out and analyze the implementation of ship registration to realize legal certainty on ship status, factors that become obstacles or obstacles during the ship registration process at KSOP Batam. This research uses empirical or sociological normative research methods (applied law research) which is basically a combination with a normative approach (legal research), namely legal research regarding the application or implementation of normative legal provisions (codification, laws or contracts) in action on every certain legal event that occurs in society and in order to obtain primary data through field research (research). The results of the study show that legal arrangements for ship registration in Indonesia are contained in several laws and regulations, namely the Criminal Code, Law Number 17 of 2008 concerning Shipping, especially in Part Six which regulates the Legal Status of Ships from Article 158 to Article 161. Besides that, regulated in several implementing regulations, namely Government Regulation Number 51 of 2002 concerning Shipping and Minister of Transportation Regulation Number PM 13 of 2012 concerning Ship Registration and Nationality. In general it can be said that ship registration is so that every ship can always be identified throughout its operational life, therefore any changes to the name, ownership, size and specifications, other signs of the ship must be honestly reported to the ship registration official at the place where the ship is registered
KONSEP KESEJAHTERAAN DALAM EKONOMI ISLAM: PERSPEKTIF MAQASHID AL-SYARIAH Fadlan, Fadlan
AMAL: Jurnal Ekonomi Syariah Vol. 1 No. 1 (2019)
Publisher : IAIN Ambon

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (295.194 KB) | DOI: 10.33477/eksy.v1i01.916

Abstract

The writing of this paper aims to determine the extent of prosperity in the context of Islamic economics if it is relevant from the perspective of maqashid al-shariah. This welfare in economics has always been an endless discussion. Always the main topic, because welfare is always oriented to the material and self-interest. This orientation is certainly contrary to welfare when viewed from the perspective of Islamic economics, because it is not in accordance with the objectives of sharia (maqashid al-shari'ah) in general. In Islam, welfare is usually termed a problem, because it is a concept that encompasses all aspects of human life, whether it is individually or individually. Welfare from the view of maqashid sharia lies in five protections, namely protection of faith (al-din), soul (al-nafs), reason (al-'aql), descent (al-nasl), and wealth (al-mal). Welfare can not be separated from the ethical code of individuals in managing life. Because in economics a person's behavior will contribute to the benefit of himself, his family, and the environment. For this reason, the concept of mashlahah is also practiced in individual and community behavior. This results in consumers always having the nature of choosing goods and services that can providevalues mashlahah opaque. Keywords: Welfare, Islamic Economy, Maqashid al-Sharia
Legal Analysis Of Handling The Criminal Acts Of Circulation And Use Of Counterfeit Rupiah Curriculum : Research Study At The Kepri Regional Police Panca Gunawan Harefa; Fadlan Fadlan; Parameshwara Parameshwara; Soerya Respationo; Erniyanti Erniyanti
International Journal of Education, Language, Literature, Arts, Culture, and Social Humanities Vol. 2 No. 3 (2024): August : International Journal of Education, Language, Literature, Arts, Cultur
Publisher : FKIP, Universitas Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59024/ijellacush.v2i3.955

Abstract

This thesis discusses the handling of criminal acts of using and circulating counterfeit rupiah banknotes, with a focus on law enforcement efforts by the Riau Islands Regional Police. This research is motivated by the increasing cases of counterfeit rupiah banknotes in the Riau Islands which cause significant losses to the community and threaten regional economic stability. The main objective of this study is to analyze the effectiveness of law enforcement carried out by local police, as well as to identify and overcome obstacles faced in the process. The research method used is a qualitative approach, with data collection techniques through in-depth interviews, participatory observations, and documentation studies. The sample of this study consisted of police officers, legal experts, and victims of counterfeiting money. Data analysis was carried out using content analysis techniques to interpret the collected data, based on the framework of the theory of legal certainty from Sudikno Mertokusumo, the theory of legal systems from Lawrence M. Friedman, and the theory of Crime Prevention Through Environmental Design (CPTED). The results show that law enforcement against rupiah counterfeiting in the Riau Islands faces several major obstacles, including limited resources, inter-agency coordination problems, and a lack of adequate training for law enforcement officers.The suggestions resulting from this study include increasing the allocation of resources, both in the form of equipment and training for officers, as well as strengthening cooperation between institutions involved in law enforcement, to increase effectiveness in identifying, preventing, and cracking down on the crime of using and circulating counterfeit money.
Analysis Of Disclosure Of Criminal Acts Of Abuse Of Subsidized Fuel Based On Justice Values (Research Study At The Riau Islands Special Criminal Research Directorate) Ade Kuncoro Ridwan; Fadlan, Fadlan; Eniyanti3, Eniyanti3
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2245

Abstract

Misuse of transportation and commercial crimes are strictly regulated in Article 55 of Law Number 22 of 2001 concerning Oil and Natural Gas. Carrying out misuse without permission (illegal) has a specific aim and purpose to benefit oneself by exploiting or taking advantage of the conditions of a place or area that has a scarcity of fuel oil or is far from petrol stations.Methodologically, this research is a juridical empirical research with a legal and sociological approach. Finally, this research found that the enforcement of criminal law against commercial acts of subsidized fuel oil was found. As for the research results of the Special Criminal Investigation Directorate of the Riau Islands Regional Police, facts were found regarding the disclosure of 4 cases in 2022, 2 cases in 2023 and 2 cases in 2024, all of which advanced to the 2nd stage of delegation to the public prosecutor, the author assesses Law enforcement in theory, namely a form of effort carried out by law enforcement officials, which in the case above is the Police and aims to ensure whether existing and regulated laws are running as they should, and are in accordance with what is happening in the field. The efforts as intended consist of preventive and repressive efforts. Based on the results of research conducted by the author regarding the obstacles faced, namely internal controls including a) Limited Number of Personnel Number of personnel, b) Limited Operational Facilities; c) Personality or Mentality of Personnel in the practice of carrying out police duties and authority; d) Lack of Quality Personnel To create professional police; e) Limited Operational Funds To carry out their duties and roles as law enforcers, external obstacles include, a) Community factors b) lack of Legal Awareness; and finally the efforts made by the Special Criminal Investigation Directorate of the Riau Islands Regional Police a) Increasing community participation by conducting outreach; b) Placing Police personnel in distribution routes and vulnerable points; c) Conduct legal education to the community.
Co-Authors Ade Kuncoro Ridwan Adhitia Adhitia Agus Siagian Aliatul Hana, Nurul Aminah, Titik Andi Putra Pratama, Guswanda Andi Suhendra Andre Argadho Tampubolon Andre Gunawan Andri Gotama Andriani, Tania Puji Andrini, Annisa Rizky Anggara, Risky Apridony Apridony Apridony, Apridony Aprilyani Aprilyani Aris Munandar Arrofik, Arrofik Asfani, Rahimah Aulia, Sirrul Ayuniawati Ayuniawati Azhar, Aditya Batubara, Putri Fadila Brawijaya, Noldi Bulan, Puti Lindung Bungasia Bungasia Chandra, Fernando Christiani Prasetiasari Christiani Prasetiasari Christiani Prasetiasari Christiani Prasetiasari Citra Irwan Simbolon Dahlan Dahlan Dahlan Dahlan Dandi Salmanda Darwis Anatami Darwis Anatami Delviane, Annisa Dicky Erizon Dimas Putra Prihananto Doni Gusmardi Dwi Sahputra, Rifaldi E. Arinda Chikita E. Arinda Chikita E. Arlinda Chikita Edi Syahputra Eka Fitriana, Rosilia Elly Rumengan Eniyanti3, Eniyanti3 Erdi Steven Manurung Erlys Erlys Erlys, Erlys Erniyanti , Erniyanti Erniyanti Erniyanti Etty Sri Wahyuni Fadhil, Sayid Fadhila Fadhila Fadhila, Nurul Fadillah, Muhammad Haris Fadjriani, Lia FAJAR SETIAWAN Fajar Utama Faozatulo Sadawa Fernando Chandra Fernando, Ricky Septian Ferry Hamdhani Firdaus Firdaus Fitra Azli Fitri Yanti Katili Fitria, Lailatul Gabriel Simson Tamba Gotama, Andri Guswanda Andi Putra Pratama H.M. Soerya Respationo Hamdhani, Ferry Hamdi, Satria Harry Kurniawan Harry Kurniawan Hendri Hendri Henry Aspan Ibrahim Sembiring Idham Idham Idham Idham Idham Idham Idham Idham ika indriyani Ika Novita Sari Ikhlas Muhammad Indah Sugandi Indah Wijayanti, Titising Irawati Irawati Ismahani, Siti Istiyanto, Ryan Jemmy Rumengan Jerry Satriawan Jihad, Kaspol Juhani, Hasan Bin Juhrin Pasaribu Jurhan Panangian Siallagan Kaspol Jihad Kezia Nur Elizanti Purba Khairunnisa Khairunnisa Kirtan, Tivonli Lagat Parroha Patar Siadari Lia Fadjriani Lubis, Irfan Husein Lubis, Irpan Husein Markus Gunawan Mashalan, Fahima Muhammad Tartib Muhammad Yadi Muhammad Yadi Mukhti, Mukhti Muktashim Billah Mulyana, Hani Rizki Nabila Gelasia Herta Ananda Nadhirawaty Nadhirawaty Nanda Horas Pranata Natalia Tampubolon, Sofia Nina Firda Amalia Nur Harilda, Dhea Nur Indah Sari Arbit Oyong Wahyudi Panca Gunawan Harefa Parameshwara Parameshwara Parameshwara Parameshwara Parameshwara Parameshwara Parameshwara Parameshwara, Parameshwara Parroha Patar Siadari, Lagat Pasaribu, Juhrin Paulus Jimmytheja Ng Prameswari Annisa Putri Prasetiasari, Christiani Prasetyasari, Christiani Purba, Kezia Nur Elizanti Purwanti, M. M. Fajar Puspita Amanda, Belafida Putra, Randi Rian Putri, Delfia Diana Qisthy Leonarza R. Tria Flamitha Rahadi Pratama Rahmat Januar Noor Raja Zulkifli Ramadhan, Faris Ramlan Ramlan Ramlan Ramlan Ramon Nofrial Ramon Nofrial Ramon Nofrial Ramon Nofrial, Ramon Respationo, Soerya Revo Christanto Ricky Rahmawan Riza Rosalya Riza Rosalya Rizky Pratama Rosli, Rozaini Rudiyanto Rudiyanto Rumengan, Angelina E. Ryan Istiyanto Sabrina, Azra Batrisyia Salmanda, Dandi Sayid Fadhil Sayid Fadhil Sembiring, Ibrahim Siadari Parohha, Lagat Siadari, Lagat Paroha Patar Simanjuntak, Victor Daniel Simbolon, Citra Irwan Sinaga, Gopal Gospel Siska Septiria Nosari Siswanto Siagian, Agus Sitanggang, Cansa Namira Siti Nurkhotijah Sitohang, Citra Permata Soerya Respationo Soerya Respationo Soerya Respationo Soeryo Respatino Soeryo Respationo Sri Wahyuni Sri Wahyuni Suhendra Suhendra Sukirno, Yacobus Syafrudin Semidang Sakti Syaputra, Roni Tivonli Kirtan Tony Budianto Sianturi Tri Yani Joy Duha Tuti Herningtyas Wahyu Taufiq Abdul Aziz Washliati, Laily Washliaty, Laily Wawan Hermawan Wawan Hermawan Willi Otra Bismar Wulandari, Dita Eli Yacobus Sukirno Yose Rizal Yose Rizal Zulfiati, Ria