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The Roles and Responsibilities of Land Deed Officials in the Registration of Transfer of Land Rights as a Result of Sale and Purchase Ahmad Zahrial, Fadhil; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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. This study aims to identify and explain the roles and responsibilities of the PPAT in registering the transfer of land rights as a result of buying and selling in Blora Regency, and to identify and explain the obstacles encountered in carrying out the registration of transfer of land rights as a result of buying and selling in Blora Regency. as well as the solution. The method used is a juridical-sociological approach, with descriptive analytical research specifications. The types of research data include primary legal materials, secondary legal materials, and tertiary legal materials. The analytical method used in this study is a qualitative analysis method. Based on the results of the study it was concluded that the responsibilities of the Land Deed Making Officer (PPAT), namely in making and issuing Deeds of Transfer of Land Rights, must comply with the provisions of the applicable regulations. Obstacles in registering the transfer of land rights include incomplete paperwork, disputes with neighbours, lands for sale and purchase that have not been registered, the community is reluctant to certify the transfer of rights over their land. The solution to overcome the obstacles that occur during the implementation of the transfer of land rights in Blora Regency. Explains that, checks and examines the files, records them in the filling form, gives a receipt for the application files, and gives the applicant to complete the files through a notification letter. At the time of measurement there is a difference in the size of the land object in the certificate, it is better to report back to the BPN for re-checking. The land office organizes a mass certification program, especially for the less fortunate, so that the need for certificates can be met in a fair manner. Keywords: Land; Rights; Transfer.
Imposition of Land & Building Rights Acquisition Duty Taxes Dependent on Certificate of Property Rights in the Implementation of Complete Systematic Land Registration ZA, Arief Febriyanto; Hafidz, Jawade
Jurnal Konstatering Vol 1, No 3 (2022): July 2022
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to find out & analyzeprocedures for the imposition of tax on the acquisition of land & building rights payable on certificates of ownership in the implementation of a complete systematic land registration, as well as to know & analyzelegal consequences of the imposition of tax on the acquisition of land & building rights owed on certificates of ownership in the implementation of a complete systematic land registration.The approach method in this research is normative law (doctrinal). Normative legal research that is more specific discusses legislation or is also called normative juridical. Based on the results of the study, it was concluded: 1) Issues with Payable PPh & BPHTB in the implementation of Complete Systematic Land Registration (PTSL) which are regulated in Article 33 of Ministerial Regulation ATR/Ka BPN Number 6 of 2018 which provides space for convenience in implementing the PTSL Program, for those who do not or have not able to pay PPh & BPHTB by making a statement of PPh & BPHTB Outstanding, the certificate of land rights can still be issued. However, provisions regarding PPh & BPHTB payable in Complete Systematic Land Registration activities still require separate arrangements, especially regarding the billing mechanism & payment time that must be made by PTSL participants; 2)The provisions of Article 33 of Permen ATR/Head of BPN Number 6 of 2018, vertically, contradict the provisions of Articles 3 & 7 PP Number 34 of 2018 & Articles 90 & 91 of Act No. 28 of 2009. Legal consequences of the provisions of Article 33 of Permen ATR/Head of BPN Number 6 of 2018, namely causing legal uncertainty, legal injustice, & not fulfilling the legal force of land rights certificates as a strong means of proof. Legal uncertainty occurs because there is dualism in regulations governing procedures for paying PPh & BPHTB as well as uncertainty regarding the payment mechanism. Legal injustice occurs due to differences in the provisions for issuing certificates between Article 33 of Permen ATR/Head of BPN Number 6 of 2018 & Articles 3 & 7 of Government Regulation Number 34 of 2018 & Articles 90 & 91 of Act No. 28 of 2009, because of this.Keywords: Debt; Outstanding; Tax.
The Legal Protection for Officials Making Land Deeds for Making Deeds of Sale and Purchase of Land that Causes Disputes Alfian, Danang; Hafidz, Jawade
Jurnal Konstatering Vol 2, No 1 (2023): January 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1) Responsibilities of Land Deed Officials (PPAT) for making land sale and purchase deeds that cause disputes. 2) Legal protection for Land Deed Making Officials (PPAT) for making land sale and purchase deeds that give rise to disputes. The approach method in this research is a sociological juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary and secondary data. Data collection by interview method and literature study. The data analysis method used is qualitative analysis. The results of the study concluded: 1) The responsibility of the Land Deed Making Officer (PPAT) in making land sale and purchase deeds that give rise to disputes is as a witness, 2) Legal protection for the Land Deed Making Officer (PPAT) for making land sale and purchase deeds that give rise to disputes is that the PPAT can ask IPPAT for legal protection/defense efforts. PPATs who are summoned as witnesses can ask for help from professional organizations of IPPAT to get assistance during examinations and even at the central level. The legal assistance provided by IPPAT applies to PPATs who are not proven guilty. Based on the theory of legal protection, the provisions regarding the legal protection of the Official for Making Land Deeds are not regulated normatively in the Position Regulations for the Official for Making Land Deeds. Repressive legal protection for PPATs related to making Deeds that give rise to disputes can be achieved by using the right of denial. Keywords: Disputes; Protection; Purchase; Sale.
Legal Protection for Auction Winners Against Objection Lawsuits Regarding Mortgage Rights Objects for which Execution Has Been Requested (Study of Decision Number 72/Pdt.Bth/2019/PN.Kdl) Ariyani, Sahida; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to determine and analyze the implementation of auctions and the protection of auction winners against objections related to mortgage objects that have been requested for execution (study of decision Number 72/Pdt.Bth/2019/PN.Kdl). The research method used is normative juridical. Data was obtained through documentation techniques, namely researchers collecting relevant laws and court decisions. Data analysis was carried out by data reduction, data display, and decision making. The purpose of this study was to examine the auction implementation process against objections related to mortgage objects that have been requested for execution. The results of this study are that the auction implementation has been in accordance with the Regulation of the Minister of Finance (PMK) Number 122 of 2023. The auction object that has been sold is the right of the auction winner. If the debtor still controls the auction object, the auction winner can ask the KPKNL to issue a gross minutes to vacate the auction object and ask the District Court for assistance to send a bailiff. In addition, the objections filed by the opponents to the auction winner are repressive legal protection. In decision No. 72/Pdt.Bth/2019/PN.Kdl, the panel of judges rejected the objections from Pelawan I and Pelawan II. Thus, the vacating of the auction object will continue and provide legal protection for the auction winner for the auction object that has been purchased. Thus, in this study legal protection is present to fulfill the interests of the auction winner.
The Responsibilities of Notaries Who Participated in the Crime of Certificate Embezzlement Budi, Anita Widyaningrum; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 2 (2023): June 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1) The responsibility of a notary who participates in the crime of certificate embezzlement. 2) Juridical implications for deeds issued by notaries participating in the crime of certificate embezzlement The approach used in this study is a sociological-juridical approach. The specification of the research used is descriptive analytical research. Types of data using primary data and secondary data obtained through interviews and literature. The data analysis method used in this research is descriptive analysis. The results of the study concluded: 1). Responsibilities of Notaries who participated in committing the crime of certificate embezzlement in Samarinda City were sentenced to 3 months in prison. Notary MS was legally and convincingly proven guilty of committing the crime of participating in embezzlement and fulfilling the elements in Article 372 of the Criminal Code juncto article 55 paragraph 1 of the Criminal Code. This proves that notaries are not above the law, notaries are the same as ordinary people who must comply with laws and regulations. 2) The juridical implication of the deed issued by a notary who participated in the crime of embezzlement of certificates in Samarinda City, namely that the DA as the legal owner can apply for the cancellation of the deed of sale and purchase and certificates to the Court. The filing for annulment aims to maintain legal certainty and certainty of the rights to his land. The imposition of a criminal sentence against Notary MS does not necessarily mean that the deed in question becomes null and void by law. Keywords: Criminal; Embezzlement; Liability.
The Role of Notaries in Supporting the Implementation of Online Single Submission (OSS) in Establishing Business Licensing Najmuddin, Muhammad; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study aims to analyze: 1) The role of notaries in supporting the implementation of Online Single Submission (OSS) in the licensing process for establishing a business entity in Batam. 2) Obstacles and solutions in the implementation of Online Single Submission (OSS) related to licensing for establishing a business entity in Batam. This type of research is empirical legal research. The approach method in this study is a sociological legal approach. The types of data in this study are primary and secondary data. The data collection method uses interview and literature (study document) techniques. The analysis in this study is prescriptive. The results of the study concluded: 1) The role of notaries in supporting the implementation of Online Single Submission (OSS) in the licensing process for establishing a business entity in Batam, namely as a compiler of authentic deeds of establishment of a business entity, as a legal facilitator, administrative assistant, and a communication bridge between business actors and the OSS system and government agencies. This role includes ensuring formal legality through deeds and ratification from the Ministry of Law and Human Rights, verification of legal data such as KBLI and company structure, and special assistance for MSMEs and foreign investors who often experience obstacles in navigating the OSS and IBOSS systems. In areas with complexity such as Batam, the active and adaptive role of notaries is the key to the success of the digital business licensing process. 2) Obstacles in the implementation of Online Single Submission (OSS) related to business establishment licensing in Batam still face a number of challenges, including the less than optimal integration between the national OSS and local IBOSS, limited human resources and information technology infrastructure, low understanding of business actors regarding digital systems, overlapping authority between BP Batam and the City Government, and minimal socialization and technical training. Solutions to overcome these obstacles include comprehensive system harmonization, increasing institutional and technological capacity, strengthening the role of notaries as official partners for OSS assistance, establishing clear technical regulations related to institutional authority, and massive education programs for business actors. If implemented consistently, OSS in Batam can become a digital licensing model that is efficient and responsive to the needs of areas with special status.Keywords: Business Entity; OSS; Licensing.
Responsibilities and Legal Protection for Substitute Notaries for Authentic Deeds They Have Made Yansyah, Dedi; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 1, No 3 (2023): September 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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A Substitute Notary is someone who is temporarily appointed as a Notary to replace a Notary who is on leave, sick, or temporarily unable to carry out his or her position as a Notary with the aim of ensuring that there is no vacancy in carrying out the duties of the Notary. This research aims to 1) Find out and analyze the Responsibility and Protection for Substitute Notaries for authentic deeds they have made and 2) Find out and analyze the legal consequences for the responsibilities and protection for Substitute Notaries who have issued authentic deeds. This research approach uses a Nomative Juridical approach with the research specifications in writing this thesis being analytical descriptive, especially in terms of responsibility and legal protection for Substitute Notaries for the authentic deeds they make. The type of research is qualitative and the data source comes from primary data and secondary data. The conclusions in this research show that in accordance with Article 65 of the Notary Position Law, a Substitute Notary is responsible for the formal form of the Authentic Deed. The responsibilities of a Substitute Notary can be divided into two, namely, responsibilities while still serving as a Notary and responsibilities when no longer serving as a Notary. Legal Protection for Substitute Notaries according to Article 66 of the Notary Position Law, namely through the Honorary Council of Notaries, the Rights and Obligations of Denial, Attaching Letters, Documents and fingerprints to the Deed Minutes, Organization of the Indonesian Notary Association, Supervision of the implementation of the Notary's code of ethics. The legal consequences for the responsibilities and legal protection of a Substitute Notary can be divided into three: (1) civil legal consequences, namely compensation for losses; (2) Administrative legal consequences, namely verbal warning, written warning, temporary dismissal, honorable dismissal and dishonorable dismissal; (3) criminal legal consequences, a Substitute Notary can be punished if he violates the provisions regarding falsification of an authentic deed, provides false information in an Authentic Deed and reveals secrets which he is obliged to keep because of his position. Keywords: Authentic; protection; Responsibility; Substitute.
Problems Regarding the Impact of Residential Land Acquisition on Land and Building Compensation Does Not Cover Community Business Activities Mansyah, Angra; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract. This study aims to determine how the problems, laws, and obstacles of the impact of land acquisition for settlements on land and building compensation do not cover community business activities, a case study of the Kendari-Toronipa road, the author uses the method of legal research is empirical legal research (sociological). Namely research that uses empirical facts taken from human behavior, both verbal behavior obtained through interviews and real behavior carried out through direct observation with normative juridical as a writing approach, The results of the study show that the construction of the Kendari-Toronipa main road has reaped many problems including compensation that is not in accordance with the initial agreement or changes from the relevant government to the affected community, then there is no compensation for community business activities, this shows the community's ignorance and the absence of socialization regarding compensation for land does not cover business activities. The draft planning and legal certainty applicable in terms of land acquisition and compensation in Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest and its update to the Government Regulation in Lieu of Law Number 39 of 2023. The Southeast Sulawesi Provincial Government in the construction of the Kendari-Toronipa road which is based on Land Acquisition for Development in the Public Interest, however, in its implementation not all are applied from the informants interviewed by the researcher, many of them still receive compensation that is not in accordance with the agreement or deliberation that has been carried out, and the application of compensation does not cover community business activities that are not applied at all by the government, in this case in the case of compensation for Kasilampe Beach, Mata Village, and businesses that do not receive compensation for the business losses they experience.Keywords: compensation; land acquisition; Problems.
Position and Responsibilities of a Substitute Notary for a Notary Who Has Died Pratidina, Merry Fitri; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 2, No 4 (2024): December 2024
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to understand and analyze the position and responsibility of a Substitute Notary towards a Notary who has died and its legal consequences. This type of research uses normative juridical and the analytical tools in this study are the theory of legal objectives and the theory of legal responsibility. The results of the research and discussion show that a substitute Notary is tasked with replacing or taking over all obligations of a notary who is taking leave within a specified period of time. A Substitute Notary has the same obligations and authorities as a regular Notary. This is in accordance with the provisions in Article 33 paragraph (2) of the Notary Law which stipulates that the provisions in Article 4, Article 15, Article 16 and Article 17 of the Notary Law apply and are also binding on Substitute Notaries, as long as it is not specified otherwise. Substitute Notaries have the same responsibility in carrying out their duties, in accordance with the provisions of Article 65 of the UUJN. As a result of the legal position and responsibility of the Substitute Notary towards the Notary who is replaced who dies, the heirs can propose that the Notary Holding the Protocol and the MPD appoint a Notary as the recipient of the protocol or the MPD appoints a Notary who receives the protocol for a period of 14 (fourteen) days from the end of the term of office of the Temporary Notary.
Legal Settlement of Fiduciary Guarantee Objects Transferred by Debtors to Third Parties Setiyo Nugroho, Latif; Hafidz, Jawade
TABELLIUS: Journal of Law Vol 3, No 2 (2025): June 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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This study aims to analyze: 1) The application of criminal sanctions against acts of transfer of fiduciary collateral. 2) Alternative non-litigation efforts in law enforcement against acts of transfer of fiduciary collateral. This type of research is normative legal research. The approach method in this study is the statute approach. The type of data in this study is secondary data sourced from primary, secondary and tertiary legal materials. The data collection method uses library techniques (study document). The analysis in this study is prescriptive. The results of the study concluded: 1) The application of criminal sanctions against the act of transferring fiduciary collateral without written consent from the creditor is a form of legal protection for creditor rights and an effort to uphold the principle of legal certainty in financing agreements. Based on Article 23 paragraph (2) and Article 36 of Law Number 42 of 1999 concerning Fiduciary Collateral, the act of transferring, pawning, or renting fiduciary collateral without written consent from the fiduciary recipient is categorized as a criminal act, with a maximum prison sentence of two years and a maximum fine of fifty million rupiah. The criminal elements in these provisions are alternative, so that the fulfillment of one form of action (transferring, pawning, or renting) without the creditor's consent is sufficient to ensnare the perpetrator criminally. The application of this provision can be seen in the Decision of the Jepara District Court No. 320/Pid.Sus/2011/PN Jpr, where the defendant was sentenced to prison and a fine for the act of re-pledged fiduciary objects without permission. 2) Alternative non-litigation efforts in law enforcement against acts of transfer of fiduciary collateral are effective and efficient means of law enforcement against acts of transfer of fiduciary collateral without the consent of the creditor. Settlement through non-litigation channels such as consultation, negotiation, mediation, conciliation, or expert assessment can be a solution that prioritizes the principles of justice, benefit, and efficiency of time and cost compared to a long criminal justice process.
Co-Authors Achmad Arifulloh, Achmad Achmad J Pamungkas, Achmad J Achmad Sulchan Adhitya, Bakhtiar Satria Aditya Noviyansyah Agung Widodo Agus Prasetia Wiranto Ahmad Masdar Tohari Ahmad Mujib Rohmat Ahmad Zahrial, Fadhil Ahmed Kheir Osman Al Majid, Muchammad Bachtiar Alfian, Danang Amalia Chusna Chusna Amalia Fitri, Dini Amigdala, Zenith Amin Purnawan Anak Agung Putra Dwipayana Andi Hikmawanti Andi Irawan Haqiqi Andi Kusuma Mapareppa Anis Mashdurohatun Aprillus Riwu, Hary Agung Apromico Apromico Aqil, Muhammad Zumri Ardau, Faisal Arif Rakhman Arifullah, Achmad Arigonnanta Bagus Wicaksono Ariyani, Sahida Arum Kurnia Sari Ary Yuniastuti Aryani Witasari Asmak UI Hosnah Avia Surya Ningrum Ayu Kartika Dewi, Kadek Ayuning Maharanti, Resa Bagas Aditya Kurniawan Bambang Sunoto Bambang Tri Bawono Bambang Tri Bawono Baryadi Baryadi Benseghir, Mourad Budi, Anita Widyaningrum Budianto, Ari Cahyowati, Yeti Carki Carki Chaidar, Muhammad Danang Prasetya Nugraha Denny Suwondo Dian Laras Sukma Dian Yustisia Nabila Didik Sudarmadi Dimas Pratama Yuda, Dimas Djunaedi Djunaedi Doni Cakra Gumilar Dwi Margono Dwi Saputra, Andy Bharata Yudha Eko Soponyono Soponyono Endah Wahyuningsih, Sri Entin Sholikhah Erwin Chan Esti Ningrum Fadhilah Sundah Fatihah, Istinur Fitriani Akrima Gerin Prayoga Gunarto Gunarto Halim Ady Kurniawan Harviyana, Marisa Hasana, Dahniarti Hemas Mardikawati, Trisakti Hendy Hendariyadi Hengki Irawan Heri Mulyono Hermawan, Ecep Maman Hikmatul Mahfiyyah Huda, Indra Kusuma Ikayanti Ikayanti Indra Jaya Syafputra Indra Muliawan Indriyanto Dian Purnomo Ira Alia Maerani Ira Alia Maerani Ismail, Moch Taufiq Ismi, Nur Joko Hermawan Sulistyo Kasih, Chintya Cinta Khairuddin, Muhammad Khairul Iman Susanto Khalam Faozy Kinanthi, Lembah Nurani Anjar Komarudin Komarudin Kukuh Sudarmanto Alugoro, Kukuh Sudarmanto Laksamana Bagas Dewandaru Laksono, Ruananda Kharismatika Lathifah Hanim Latifah Hanim Lely Yuliana Lilis Wardani, Lilis Lita Ardita Putri Widyantoro M Madaninabawi M. Rizal Bagaskoro M. Zaenal Arifin Maharanti, Resa Ayuning Makmaker, Petronela Yosinta Kelyombar Mansyah, Angra Martin Anggiat Maranata Manurung Maryanto Maryanto Monika, Julia Muhammad Aswin Muhammad Azam Muhammad Dias Saktiawan Muhammad Najmuddin, Muhammad Muhammat Teguh Safi'i Mulia, Fina Adinda Mursito, Bambang Nafisah, Durorun Nanang Sri Darmadi Ngadino Ngadino Nirwana, Erza Aulia Norma Sari Novita, Puteri Mela Nuha, Revana Mahran Nuni Trianingrum, Nuni Nur Amanah Amanah Nurul Fuji Sri Hastuti nuryana nuryana, nuryana Octaviani, Sri Ayuning Triana Rizqi Oktavianto, Heri Paruhum, Raja Toga Peni Rinda Listyawati Pertiwi, Tusi Wirahayu Prameswari, Kintan Kartika Prasetia Wiranto, Agus Prasetyo, Seno Pratidina, Merry Fitri Priyantono Priyantono Putri, Ristien Gita Eka Ranto Cahyoko, Ranto Ridwan, Nanang Rifka Annisa Apriana Riftia Anggita Wulan Sari Ritza Aurelia, Tsabita Rizky Adi Prinandito Robertus David Mahendra Saputra Rohman, Idris Rois Harliyanto Romiz Rizqullah, Fakhri Ruselia, Mawar Saddam Hussein Sahroni Sofyan, Yusuf Saija, Jovita Agustien Saputra, Muhammad Rezki Wira Sarbudin Panjaitan Satria, Moh. Pandu Putra Satria, Rifai Ermin Satyo, Bagus Khusfi Sebastian Wibisono Sefin Anggi Riyantika Septiarni Marsang, Ni Dya Setiawan Budiman, Puja Setiyawan, Deni Setiyo Nugroho, Latif Sheila Indah Kurnianingsih sholikah, Dianita Imroatus Siswanto, Moh. Aris Siti Maemunah Siti Rohaeti Situmorang, Saut Tua Soegianto Soegianto Sofyan, Yusuf Sahroni Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Kusriyah, Sri Subiyanto Subiyanto Sukatendel, Reggy Permana Supriyanti, Nadila Marta Suryandari, Marnita Eka Suwondo, Denny Suwono Suwono Suyatmi Suyatmi Syaeful Bahri Syahputra, Maulana Juardi Tabah Ikrar Prasetya, Tabah Taufani, Rizki Teguh Anindito Tri Widyastuti Ulfah, Ulu Maeni Virginia Puspa Dianti Wahid Mahbub Wahyu Hidayat Wahyu Ismail Watiah, Watiah Widayati Widayati Widhi Handoko Widyasari, Andini Wijaya, Dwi Julianto Wijaya, Eko Wilddan Auliya Winanda, Gustian Wiranto, Agus Prasetia Wulansari, Restu Tri Yansyah, Dedi Yeremias Tony Putrawan Yogi Setiyo Pamuji Yunianto Wahyu Sadewa Yustisianto, Dwi ZA, Arief Febriyanto Zamaludin Zamaludin Zufriansyah, Mohammad Zulkifli, Muchlis