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IMPLEMENTATION OF ELECTRONIC TRAFFIC LAW ENFORCEMENT SYSTEM IN RESOLVING TRAFFIC VIOLATION CRIMES TO IMPROVE LEGAL ORDER (Case Study at Grobogan Police) Satria, Moh. Pandu Putra; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 19, No 2 (2024): June 2024
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v19i2.19333

Abstract

The purpose of this research: 1). To study and analyze the implementation of the Electronic Traffic Law Enforcement system in resolving criminal acts of traffic violations to improve legal order at the Grobogan Police; 2). To study and analyze the obstacles to the implementation of the Electronic Traffic Law Enforcement system in resolving criminal acts of traffic violations to improve legal order at the Grobogan Police and its solutions. This research uses an empirical legal approach, with a descriptive analytical research method. The data used are primary and secondary data which will be analyzed qualitatively. The research problems are analyzed using Lawrence Friedman's legal system theory and the theory of legal effectiveness. The results of the study concluded that: 1) The implementation of the E-Tilang system in resolving criminal acts of traffic violations has been guided by Law Number 29 of 2009 concerning Traffic and Road Transportation, the flow is when the police have issued a manual ticket (writing on the ticket form), then the police then enter the data back into the E-Tilang application, the E-Tilang server will automatically send a notification of the amount of fine deposit that can be paid at the bank along with the article violated by the violator. After paying the fine deposit (not yet sentenced) then the evidence of the ticket can be exchanged for the fine deposit; 2). The obstacles in the implementation of the Electronic Traffic Law Enforcement system in resolving criminal acts of Traffic violations in Grobogan are as follows: a). Law Enforcement Factors, in this case law enforcers are law enforcement officers who usually in carrying out their duties and functions there are errors in the input application that make officers lose track of the violator; b). Facilities and Infrastructure Factors, in the implementation of Electronic Traffic Law Enforcement in the jurisdiction of Grobogan Regency, it is recorded that there are only 2 CCTV units; c). Community Factors, Poor social behavior in traffic is one of the problems that has been rampant in Indonesia since the past until now.
Exploring Abhakalan Culture (Early Marriage) in Madura: A Dialogue of Customary Law, Religion, and The State Setiyawan, Deni; Wahyuningsih, Sri Endah; Hafidz, Jawade; Mashdurohatun, Anis; Benseghir, Mourad
AHKAM : Jurnal Ilmu Syariah Vol 24, No 2 (2024)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v24i2.36070

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This study explores the culture of Abhakalan in Madura in the context of early marriage, analyzing its intersections with customary law, religion, and the state. While aimed at preserving family honor, this practice often prioritizes the principle of ḍarran (harm), leading to gender inequality and injustices toward women. The research seeks to evaluate the implications of this cultural practice on women's rights and gender equality, using an empirical legal method grounded in conflict theory and social change, combined with Islamic concepts of ‘urf (accepted custom), naf'an (benefit), and ḍarran (harm). Findings indicate that Abhakalan culture denies women agency in marriage decisions, perpetuating stereotypes of female inferiority and limiting their opportunities for empowerment and education. This study highlights the need for cultural reform through gender advocacy, mindset shifts, and family economic empowerment. By fostering dialogue among customary law, religion, and state policies, the research underscores pathways to equitable and sustainable gender equality. AbstrakPenelitian ini mengkaji budaya Abhakalan di Madura dalam konteks pernikahan dini dengan menganalisis keterkaitannya dengan hukum adat, agama, dan negara. Meskipun bertujuan menjaga kehormatan keluarga, praktik ini sering mengedepankan prinsip ḍarran (bahaya) yang berujung pada ketidakadilan terhadap perempuan dan ketimpangan gender. Penelitian ini bertujuan untuk mengevaluasi dampak budaya ini terhadap hak-hak perempuan dan kesetaraan gender, menggunakan metode hukum empiris yang berlandaskan teori konflik dan perubahan sosial, serta konsep Islam seperti ‘urf (adat yang diterima), naf’an (manfaat), dan ḍarran (kerugian). Temuan menunjukkan bahwa budaya Abhakalan mengabaikan hak perempuan dalam pengambilan keputusan terkait pernikahan, memperkuat stereotip inferioritas perempuan, serta membatasi peluang pendidikan dan pemberdayaan mereka. Penelitian ini menekankan pentingnya reformasi budaya melalui advokasi gender, perubahan pola pikir, dan pemberdayaan ekonomi keluarga, dan dengan mendorong dialog antara hukum adat, agama, dan kebijakan negara, studi ini menawarkan langkah menuju kesetaraan gender yang adil dan berkelanjutan
The Corruption Reduction with an Administrative Law Approach: Evidence from Australia Hafidz, Jawade; Amalia Fitri, Dini; Muhammad Azam; Arifullah, Achmad; Prasetia Wiranto, Agus
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.396

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The reverse burden of proof mechanism shifts the responsibility to the fraudster to prove that his wealth did not come from corruption. This system raises concerns regarding justice, legal certainty, and the protection of human rights. This research aims to analyze the application of reverse evidence in criminal and criminal acts of corruption in procuring goods and services from the perspective of state administrative law. Reversal of the burden of proof in criminal acts of corruption is essential to eradicate corruption in Indonesia. From the standpoint of state administrative law, reverse evidence functions as a monitoring tool to prevent abuse of authority by public officials and ensure the implementation of the principles of good governance, namely transparency, accountability, and integrity in the procurement of goods/services. The novelty of this study lies in its proposal to explicitly clarify the balance of evidentiary obligations between the public prosecutor and the defendant in reversing the burden of proof under Law No. 20 of 2001, ensuring fair legal certainty and protection of human rights. Indonesia can adopt Australia's Proceeds of Crime Act 2002 approach, enabling asset seizure from suspected corruption without conviction, to enhance accountability and recover state losses effectively.
A Comparative Study of The Syafiian Mazhab & The Maliki Mazhab from Islamic Law Perspective Regarding The Return of Property as A Result of A Canceled Marriage Siswanto, Moh. Aris; Hafidz, Jawade
Law Development Journal Vol 7, No 1 (2025): March 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.1.21-38

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A comparative study of four schools of jurisprudence is urgently needed to overcome legal uncertainty in Indonesia regarding the return of inherited assets if the marriage is annulled. The increasing number of marriage annulments in 2024, coupled with differences in interpretations of schools of thought and positive law, makes this study crucial for creating legal certainty, justice and harmonization between Islamic law and positive law in Indonesia. This study will recommend practical solutions to avoid conflict and protect the rights involved. This research uses a normative method with a literature study approach to analyze Islamic law regarding the return of inherited assets when a marriage is annulled. Comprehensive law for fair dispute resolution and the results of the discussion are that the Shafi'i and Maliki schools have different opinions regarding the withdrawal of offerings before the wedding. Shafi'i takes into consideration the giver's intentions, allowing withdrawal if it is for marriage and annulled, despite internal differences of opinion. Malikis are stricter, generally prohibiting withdrawals except from father to son, with the potential exception of pre-covenant dowries. These differences, plus internal differences of opinion within the two schools, demonstrate the complexity of this issue. Implementation in Indonesia faces challenges: differences in sectarian interpretations, difficulty proving intent, gender inequality, and a lack of a modern legal framework. Comprehensive legal reform, increasing legal awareness, and harmonization of Islamic-positive law are very necessary to create justice.
Effectiveness of Efforts to Eradicate Land Mafia in Cirebon City Ridwan, Nanang; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46165

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Land mafia is a serious problem that can harm society and the state. As a serious problem, the law, which is a state instrument in national land management that is mandated to be able to eradicate land mafia, has not been optimally implemented. This is proven by the increasing number of land mafia cases, including in the Cirebon City area. This thesis research aims to determine and analyze the implementation of land mafia eradication efforts in the Cirebon City Area at this time and to determine and analyze the obstacles and solutions in implementing land mafia eradication efforts in the Cirebon City Area at this time. The type of legal research used is analytical descriptive. In this non-doctrinal legal research, law is conceptualized as a manifestation of the symbolic meanings of social actors as seen in the interactions between them. That the real reality of life does not exist in the empirical world which is also the world of observation, does not appear in the form of objectively patterned and structured behavior (let alone normative) and therefore can be measured to produce quantitative data. Based on the research conducted, it was found that the implementation of efforts to eradicate land mafia in the Cirebon City area is currently not optimal, this is because...the absence of regulations regarding the criminal law enforcement process in the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning the Prevention and Eradication of Land Mafia. So that the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning the Prevention and Eradication of Land Mafia only regulate the implementation of handling land mafia cases with an administrative approach, this results in a lack of severe sanctions to create a deterrent effect for land mafia perpetrators inCirebon City. Suggestions that can be given in this thesis are bFor the public, it is necessary to understand the importance of proper management and storage of land ownership certificate documents, and for the government, it is necessary to emphasize the mechanism for implementing criminal sanctions in the Technical Instructions of the Ministry of Agrarian Affairs and Land Affairs Number 01/JUKNIS/D.VII/2018 concerning the Prevention and Eradication of Land Mafia to create a deterrent effect for land mafia perpetrators.
Legal Analysis of Optimizing Eradication of Narcotics Trafficking Crimes Through Digital Media in the Central Java Regional Police Area Wulansari, Restu Tri; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46195

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Abstract. The crime of drug trafficking through digital media is a cyber crime that has an extraordinary impact and has a wide scope. This thesis research aims to analyze and determine the optimization of the eradication of drug trafficking through digital media in the Central Java Regional Police Area at this time and to analyze and determine the obstacles and solutions in realizing the optimization of the eradication of drug trafficking through digital media in the Central Java Regional Police Area. The research method used in this thesis is non-doctrinal research, namely research that examines legal issues from both juridical and empirical dimensions. The results of the research conducted show that the optimization of the eradication of narcotics trafficking crimes through digital media in the Central Java Regional Police area has not yet been realized, according to an explanation from Senior Commissioner of Police Anwar Nasir as Director of Drug Investigation of the Central Java Regional Police, there are at least 47 suspicious accounts and forum sites in narcotics trafficking cases, but only 5 cases can be investigated with certainty throughout 2024. The main obstacle in the problem of the less than optimal eradication of narcotics trafficking digitally in the Central Java Regional Police area is that the Republic of Indonesia Law Number 35 of 2009 concerning Narcotics does not clearly regulate the digital circulation of narcotics where the modus operandi is cyber crime, then the meaning of acts that deviate from morality in Article 27 paragraph (1) of Law No. 19 of 2016 concerning ITE does not refer to the digital circulation of narcotics specifically. Due to the problem of unclear regulations regarding the digital distribution of narcotics, it has an impact on uncertainty regarding the elements of the act for perpetrators of digital drug distribution. This has resulted in aspects of the requirements for sentencing perpetrators of digital drug distribution, considering that the element of cyber crime as a specificity in the crime of digital drug distribution is not yet clear. This also has an impact on the lack of regulation of special sentencing guidelines based on the impact of damage or the consequences of criminal acts for perpetrators of digital drug distribution crimes. The solution that can be done is to specifically regulate the elements of the act as a requirement for sentencing related to the crime of drug distribution as a cyber crime. Formulate a maximum penalty with an aggravation in the form of the death penalty for perpetrators of digital drug distribution considering that the impact of digital drug distribution. The level of damage caused to national stability is greater. The government needs to enforce the prohibition of site content and internet content related to drug distribution for those who own internet technology as a place for unlimited social interaction. The suggestion from the results of this thesis study is that the government needs to specifically regulate the elements of the act as a requirement for criminal punishment related to the crime of drug trafficking as a cyber crime. For law enforcers, there needs to be education and provision of knowledge and expertise as well as experience for human resources.
Continuous Embezzlement in Office According to the Criminal Code Paruhum, Raja Toga; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46190

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Abstract. The law also plays a role in protecting individual rights, ensuring that everyone gets equal and fair treatment in the eyes of the law. Therefore, the law is very important in building a stable and just social order. That every person in the territory of Indonesia is obliged to comply with the laws and regulations in force in Indonesia and no one can be immune from the law, and all actions must be based on and have consequences in accordance with the laws and regulations in the Unitary State of the Republic of Indonesia, which aims to realize an orderly, prosperous and just life in society, nation and state in order to achieve the goals of the state as mandated in the opening of the 1945 Constitution of the Republic of Indonesia. This criminal law is included in public law which regulates the relationship between the state and individuals and the public interest, in contrast to private law which regulates the relationship between individuals and personal interests. Acts that are prohibited by criminal law and are subject to punishment are known as criminal acts or offenses. In the Criminal Code (KUHP), criminal acts are classified into two types, namely crimes and violations. Examples of crimes include theft, embezzlement, assault, and murder, while examples of violations include delinquency, begging, and vagrancy. Talking about professions, of course, one of them is bound to an organization or agency that is certainly inseparable from the element of trust. Someone who has received trust in an agency certainly has a position or title when the element of trust has been carried out, of course someone is obliged to maintain it. The crime of embezzlement which is a crime often occurs in various fields and even the perpetrators are in various levels of society. Both the lower and upper classes commit this crime. Seeing the many cases of embezzlement that occur in Indonesia, of course this is very concerning. Abuse of Trust dominates as an element of this crime of embezzlement. The crime of embezzlement is regulated in the Criminal Code (hereinafter abbreviated as the Criminal Code) Article 372 (ordinary embezzlement), Article 373 (minor embezzlement), Article 374 and Article 375 (aggravated embezzlement) and Article 376 (embezzlement within the family).
Refund of State Losses Due to Criminal Acts of Corruption on Problematic Credit at Bank BRI Kediri Branch Office Ismail, Moch Taufiq; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46089

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The research aims to be Accountable for Refunding State Financial Losses Due to Criminal Acts of Corruption in Problematic Loans at BRI Bank, Kediri Branch Office, Weaknesses and Solutions in the implementation of accountability for refunding state financial losses due to criminal acts of corruption in Problematic Loans at BRI Bank, Kediri Branch Office. The sociological legal approach method is an approach to studying and exploring legal realities experienced in the field or an approach that is based on problems concerning legal matters and existing realities, using the theory of criminal responsibility and the legal system. The results of the research and discussion are that (1) Accountability for the Return of State Financial Losses Due to Corruption Crimes is proven to impose a prison sentence of 4 (four) years 6 (six) months and a fine of Rp. 100,000,000.00. If the fine is not paid, it will be replaced with a prison sentence of 3 (three) months. Imposing an additional sentence on the Defendant to pay compensation of Rp. 891,177,500. If the convict does not pay compensation within 1 (one) month after the court decision has obtained legal force, his property can be confiscated by the Prosecutor and auctioned to cover the compensation in the event that the convict does not have sufficient property to pay compensation, then he will be punished with imprisonment for 2 (two) years.(2) Weaknesses in the implementation of accountability for the return of state financial losses due to corruption; First, if the fine is not paid, it is replaced with imprisonment for 3 (three) months each, from the decision of the fine, it is possible that the defendants choose a substitute sentence of imprisonment because it is considered too light, which is only 3 (three) months imprisonment, rather than fulfilling the provisions of the fine that must be paid is considered quite large, even though they are able. Second, the application of cumulative penalties for corruption, there needs to be implementing regulations, especially regarding the implementation of fines. Third, the threat of imprisonment and fines together, their implementation (execution) must be carried out by defendants of corruption, especially fines.
Legal Analysis of Criminal Responsibility of Perpetrators of Theft Crimes (Study of Decision Number: 662/Pid.B/2024/PN Jkt.Pst) Makmaker, Petronela Yosinta Kelyombar; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46181

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This study entitled "Legal Analysis of Criminal Liability of Perpetrators of Theft Crimes (Study of Decision Number: 662/Pid.B/2024/PN Jkt.Pst)" aims to analyze how criminal liability of perpetrators of theft crimes is determined in the Indonesian legal system and to determine the judge's considerations in identifying criminal acts based on the decision. The research method used in this study is the normative legal method, namely research that starts from applicable legal norms, with a case study approach to Decision Number 662/Pid.B/2024/PN Jkt.Pst as the object of study. The results of the study indicate that criminal liability is regulated through stages of proving the elements of a crime according to the Criminal Code, with a focus on proving unlawful acts, elements of error, and causality. In addition, the panel of judges considers strong evidence as well as social and moral aspects in making a decision. This study provides an overview of the importance of complete proof and consideration of moral values in enforcing criminal law on theft in Indonesia.
Legal Analysis of Law Enforcement in Handling Anarchist Demonstrations in Cirebon City Sukatendel, Reggy Permana; Hafidz, Jawade
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46192

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Abstract. Demonstration or protest is a right to express opinions that is guaranteed in the democratic country of Indonesia, however, in conducting demonstrations or protests must use procedures that uphold morality and good ethics. Anarchic demonstrations not only deviate from the meaning of democracy but can also cause problems for the affected community. This study aims to analyze and describe the implementation mechanism of handling anarchist demonstrations in Cierbon City at this time. To analyze and describe the obstacles and solutions in efforts to realize legal balance in handling anarchist demonstrations in Cierbon City.The type of legal research used is non-doctrinal. Based on the research results it is known that. The problems that hinder the optimization of handling anarchist demonstrations consist of the lack of regulation of the categorization of anarchist actions in demonstrations as a type of criminal act. In law enforcement, the problem is the lack of police personnel and infrastructure in handling anarchist demonstrations which are often in large groups. The public view is that anarchist actions in demonstrations are included in the category of the right to express opinions. A solution to overcome the problems that hinder the optimization of handling anarchist demonstrations is to make regulations in the Criminal Code specifically related to anarchist demonstrations as a crime. The police need to increase the number of personnel and infrastructure related to the task of handling anarchist demonstrations. There needs to be education for the public that anarchist actions do not reflect a civilized and democratic attitude, but are actions that are contrary to democratization in the implementation of demonstrations.
Co-Authors A. Saiful Aziz Achmad Sulchan Adhitya, Bakhtiar Satria Agung Widodo Ahmad Masdar Tohari Ahmad Mujib Rohmat Amalia Chusna Chusna Amalia Fitri, Dini Amigdala, Zenith Amin Purnawan Anak Agung Putra Dwipayana Andi Hikmawanti Andi Irawan Haqiqi Andi Kusuma Mapareppa Anis Mashdurohatun Apromico Apromico Ardau, Faisal Arif Rakhman Arifullah, Achmad Arigonnanta Bagus Wicaksono Arum Kurnia Sari Ary Yuniastuti Aryani Witasari Asmak UI Hosnah Avia Surya Ningrum Ayu Kartika Dewi, Kadek Bagas Aditya Kurniawan Bambang Sunoto Bambang Tri Bawono Baryadi Baryadi Benseghir, Mourad Cahyowati, Yeti Carki Carki Danang Prasetya Nugraha Denny Suwondo Dian Laras Sukma Dian Yustisia Nabila Didik Sudarmadi Dimas Pratama Yuda, Dimas Doni Cakra Gumilar Dwi Margono Eko Soponyono Soponyono Endah Wahyuningsih, Sri Entin Sholikhah Erwin Chan Esti Ningrum Fadhilah Sundah Fitriani Akrima Ganis Vitayanty Noor Gerin Prayoga Gunarto Gunarto Halim Ady Kurniawan Hendy Hendariyadi Hengki Irawan Heri Mulyono Hikmatul Mahfiyyah Ikayanti Ikayanti Indra Jaya Syafputra Indra Muliawan Indriyanto Dian Purnomo Ira Alia Maerani Ira Alia Maerani Ismail, Moch Taufiq Joko Hermawan Sulistyo Khairul Iman Susanto Khalam Faozy Komarudin Komarudin Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Laksamana Bagas Dewandaru Lathifah Hanim Latifah Hanim Lely Yuliana Lilis Wardani, Lilis Lita Ardita Putri Widyantoro M Madaninabawi M. Rizal Bagaskoro M. Zaenal Arifin Mahmutarom Harun Rasyid Makmaker, Petronela Yosinta Kelyombar Martin Anggiat Maranata Manurung Maryanto Maryanto Muhammad Azam Muhammat Teguh Safi'i Mursito, Bambang Nanang Sri Darmadi Ngadino Ngadino Norma Sari Nuni Trianingrum, Nuni Nur Amanah Amanah Nurul Fuji Sri Hastuti Paruhum, Raja Toga Peni Rinda Listyawati Prasetia Wiranto, Agus Priyantono Priyantono Ranto Cahyoko, Ranto Ridwan, Nanang Rifka Annisa Apriana Riftia Anggita Wulan Sari Rizky Adi Prinandito Robertus David Mahendra Saputra Rois Harliyanto Saddam Hussein Sarbudin Panjaitan Satria, Moh. Pandu Putra Sebastian Wibisono Sefin Anggi Riyantika Setiyawan, Deni Sheila Indah Kurnianingsih Siswanto, Moh. Aris Siti Rohaeti Soegianto Soegianto Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Kusriyah, Sri Subiyanto Subiyanto Sukatendel, Reggy Permana Suwono Suwono Syaeful Bahri Syahputra, Maulana Juardi Tabah Ikrar Prasetya, Tabah Teguh Anindito Tri Handayani Virginia Puspa Dianti Wahid Mahbub Wahyu Hidayat Wahyu Ismail Widayati Widayati Widhi Handoko Wilddan Auliya Winanda, Gustian Wiranto, Agus Prasetia Wulansari, Restu Tri Yeremias Tony Putrawan Yogi Setiyo Pamuji Yunianto Wahyu Sadewa Yustisianto, Dwi Zamaludin Zamaludin Zufriansyah, Mohammad Zulkifli, Muchlis