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PERLINDUNGAN HUKUM TERHADAP TENAGA KERJA WANITA YANG BEKERJA PADA MALAM HARI DI PT. SWARA INDAH RIAU BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Ngajulu Petrus; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Labor is an important factor in a company. The company has the obligation to comply with and fulfill the rights of female workers who work at night as it is protected by the Law No. 13 Year 2003 on Manpower. PT. Swara Indah Riau does not meet workers' rights as the corresponding labor regulations that female workers to do the job is not guaranteed the security, safety and nutritious food that should be obtained from the company.The purpose of this study was to determine the rights and obligations of workers under a labor agreement against female workers who work at night in PT. Swara Indah Riau and to identify any obstacles that exist in the implementation of the legal protection of women workers in PT. Swara Indah Riau by Act No. 13 of 2003 on Manpower.This study using sociological research methods, the research force of the law covering research the effectiveness of the law, the legal impact study and research unwritten law identification with nature descriptive study that describes the rules of legal protection of women workers who work at night. Location of research at PT. Swara Indah Riau, located in Jalan Jend. Sudirman, Office complex Sudirman Raya Blok A 1-3. The data used primary data, field data taken directly from the respondents conducted through interviews and questionnaires while the secondary data were used from the legislation, books, expert opinions related to the problems. To support this research, should be set the sample population. Population is the whole or a set of objects with the same characteristics and samples are some of the characteristics of the population about to be investigated and considered to represent the entire population.The results of this research are companies make contracts that did not pay attention to Law No. 13 of 2003 on Labour and the weakness of knowledge workers in the regulation of workers' rights guaranteed by legislation. The obstacles that occur in the implementation of legal protection is the lack of budget funds, lack of understanding of the provisions of Labour legislation and Weak supervision of the Department of Manpower and Transmigration.Keywords: Legal Protection, Labor Women, PT. Swara Indah Riau
PERANAN ADVOKAT SEBAGAI KUASA HUKUM DALAM MENGHADIRKAN PARA PIHAK PADA PERKARA MEDIASI PERCERAIAN NOMOR: 300/PDT.G/2011/PA.PBR DI PENGADILAN AGAMA PEKANBARU Nurkamilah '; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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In completing the legal issues, the litigants will satisfy the demands of rights aims to obtain legal protection. Dispute resolution used by the parties one of which is through mediation is a way of solving the problem with the aim of reaching agreement between the parties with the assistance of a mediator. Implementation of mediation is also done in the Religious Court based civil judicial and justice of Islam in Indonesia. Stage reconciling the parties initially contained in Article 130 HIR / RBG 154, then the Supreme Court of the Supreme Court issued Regulation No. 1 Year 2016 About the Mediation Procedure in court. In resolving a dispute many parties choose to use services of lawyers because they feel it easier to solve the problems and enlightened law, but it should be noted that not all the stages of the settlement can be represented by an advocate. One of them is in the process of divorce mediation in the Religious, advocates can only assist the parties and is not allowed to represent the party as a whole in the implementation process of mediation. This is in accordance with Article 82 of Law No. 7 of 1989 About Jo Religious Courts Law No. 50 of 2009 Regarding the second amendment to Law No. 7 of 1989 About the Religious CourtsI researched this research establishes key issues about how the role of lawyers as legal counsel in mediating a divorce case in the Religious Court of Pekanbaru and how the effort and the legal consequences within the constraints faced by lawyers in the case of divorce mediation divorce Number: 300 / Pdt.G / 2011 / PA .PBR Religious Court of Pekanbaru.The method used in this research is a kind of sociological research is the research field to see the effectiveness of the law. While the nature of the research that I use is explorative which aims to deepen the knowledge about the symptoms of the law on "the role of lawyers as legal counsel in bringing the parties to the divorce mediation cases Number: 300 / PDT.G / 2011 / PA.PBR Religious Court of Pekanbaru" , From the research that I researched that the role of lawyers as legal counsel in mediating a divorce case in the Religious Court of Pekanbaru is to provide legal understanding of how the judicial procedure in the Religious Court. advocates further efforts made in the face of constraints on divorce mediation cases Number: 300 / PDT.G / 2011 / PA.PBR Religious Court of Pekanbaru is to give the judge announcing a call addressed to the applicant to be present directly in carrying out mediation.Keywords: Role of Advocates - Mediation - Religious Court
PERLINDUNGAN KONSUMEN TERHADAP PENERAPAN UKURAN TAKARAN TIMBANGAN DAN PERLENGKAPNNYA BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 1981 TENTANG METROLOGI LEGAL PADA PEDAGANG PASAR LIMAPULUH DI KOTA PEKANBARU Ibnu Rahmat Dio; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Low awareness and knowledge society as consumers, make the consumer as the object of business activity for businesses to obtain maximize profits in various ways that are not selling well, including the manipulation of prices, selling a defective product as well as reducing measures and weights. The number of consumers who are victims of the reduction measures and weights by traders require governments to provide monitoring and protection. One of the government agencies that play an active role in overseeing businesses and provide consumer protection is the Department of Trade and Industry, through the agency of Legal Metrology Unit oversees a range of activities including business operators regarding the implementation of measures and weights traditional market traders. Consumer protection and supervision to prevent fraud by businesses to the public as consumers.The problems discussed in this thesis is how the protection of consumers conducted Department of Industry and Trade of Pekanbaru to the adoption by the market sellers UTTP Limapuluh and whether the constraints and how the efforts of the Department of Industry and Trade of the City of Pekanbaru to optimize consumer protection for the future.The method used in this research is a kind of sociological research. The nature of this research is descriptive and research done on Limapuluh Market and the Office of Industry and Trade of the City of Pekanbaru. Samples taken in this study as many as 46 people by using purposive sampling method. Source data in this study was obtained through primary and secondary data. Data collection techniques used is through questionnaires, interviews, and literature studies. While data analysis technique using qualitative descriptive analysis.The results showed that the efforts of the Department of Trade and Industry in providing consumer protection related to the implementation of tera UTTP is re-scheduled each year and provide counseling how to do good and honest trade related to the implementation of measures and weights to the market traders Limapuluh Pekanbaru. Constraints experienced by the Department of Industry and Trade is a lack of initiative merchants to make re tera and various characters trader adds to the difficulty to provide an appeal related to fairness in trade transactions. Effort will be made of Industry and Commerce for the future is to provide a measuring post repeated by providing a single scale for each of the traditional market that can be used by communities to reconsider groceries.Keywords: Consumer Protection, UTTP, Traders, Market
Pelaksanaan Izin Poligami di Pengadilan Agama Dumai Studi Kasus Perkara Nomor 001/Pdt.G/2013/PA.Dum Nina Haryati; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Marriage in Indonesia adheres to the principle of monogamy. Where a husband has only one wife as well as a wife just had a husband. Polygamy is one of the problems in the marriage of the most widely discussed and controversial. Polygamy should be done but must be in accordance with applicable law that is in accordance with Article 4 of the Marriage Act. In fact there are those who apply to the Court Religion is not in accordance with the applicable legislation.The formulation of the problem is taken, first, whether the reasons for the submission of permit polygamy in the Religious Dumai? Secondly, How consideration judge in case the decision No. 001 / Pdt.G / 2013 / PA.Dum? This study uses empirical juridical approach, data collection by using descriptive analysis, both primer and secondary, cases collected through observation, interviews and studies legal documents, while the technique of data analysis done qualitatively.In Article 4 paragraph (2) of the Law of Marriage reasons that can be submitted to the Islamic Court is not able to perform the duties of a wife as a wife; wife got a disability or illness can not be cured; A wife can not give birth to offspring. In the implementation of the Religious Court case dumai role in decision No. 001 / Pdt.G / 2013 / PA.Dum not in accordance with the applicable provisions where the rationale used was the candidate's second wife was pregnant first. The judge in consideration of using the principle of contra legem ie the authority of judges to deviate the written provisions that already exist. Based on the description above, the reasons for which the applicant submitted to the Religious Court that candidate two pregnant first wife, second wife of the candidate tumor disease, the wife (respondent) can not give offspring. Basic consideration of the judge in the decision No. 001 / Pdt.G / 2013 / PA.Dum not in accordance with the legislation in force.Keywords : Marriage - License Polygamy - PA Dumai
INJAUAN YURIDIS TERHADAP WANPRESTASI PADA ASURANSI DI PT. ASURANSI TAKAFUL KELUARGA (STUDI PERKARA NO. 107/Pdt.G/2013/PN.Mdn) Redha Rahayu; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Human life, consciously or not definitely at risk. Risk can come from a variety of things that are not expected, but from a possibility. It's just, how much risk would be faced by the person concerned, is very dependent on the activities undertaken. To cope with possible risks that can threaten at any time, where the risk can cause losses. Thus the role of non-bank financial institution insurance is needed. Insurance is divided into two konvensioanal insurance and Takaful. Insurance field problems are found, not only in conventional-based insurance namaun also in syariah-based insurance. As is the case between Bank Bukopin and Family Takaful Insurance Case Number 107/PDT.G/ 013/ PN.Mdn of default.The purpose of this paper is: first, to know the basic consideration of the judge in deciding case Number 107/PDT.G/2013/PN.Mdn. second, to determine the judge's decision No. 10/ PDT.G/ 2013/ PN.Mdn already meets the principles of legal certainty in determining the rights and obligations of the parties to the insurance agreement.This type of research can be classified into types of normative juridical research, because this research done through the written data by examining the literature data, the data source used, primary data and data tertiary secondary data, data collection techniques in this research with the literature method.From the research there are fundamental problems that can not pay the takaful insurance disimpulkan.pihak kopensasi fund insurance claims by Bank Bukopin. And also the evidence submitted was not examined because the court only ruled that the plaintiffs did not have legal standing to another investigation was not carried out. Because of the rights of the claimant or insurance clients are not met.Keywords: Overview - Default – PT. Insurance Takaful
PELAKSANAAN PERKAWINAN MELALUI WALI HAKIM DI KANTOR URUSAN AGAMA KECAMATAN MARPOYAN DAMAI KOTA PEKANBARU Gita Putri Candra; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The position and authority of the guardian in marriage is an important to do. As we known, he is entitled to be trustee of marriage for the bride. If there are no guardian nasab to married her then she should married by guardian judge.The conclusion that can be obtained from this research are, the most factors happened that caused guardian judge become a trustee of the bride when implementation of the marriage in Religious Affair Office Marpoyan Damai Pekanbaru City starting from 2013-2015 because there are no more guardian nasab, the guardian nasab living so far away from the bride, and disharmony relationship between them. The process of the implementation of marriage through the jugde guardian is same as general marriage.Keywoards : Implementation – Marriage - Guardian Judgje
TINJAUAN YURIDIS PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA TENTANG PERSEKONGKOLAN MENENTUKAN PEMENANG TENDER PENGADAAN BARANG DAN JASA BIDANG ALAT KEDOKTERAN, KESEHATAN DAN KB TAHUN ANGGARAN 2011 DI KOTA BATAM (PUTUSAN PERKARA NOMOR 10/KPPU-L/2013) Vitis Sera; Mardalena Hanifah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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For economic growth and development can not be separated on interference of the Government in the economic activity. The shape of the intervention of the Government include the establishment of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, which is the purpose of the establishment of the Act is to provide equal opportunities for citizens or businesses to run their businesses, creating a climate of a healthy business, conducive, competitive and improve people's welfare. In the Act there are provisions concerning the activities, one of which is a conspiracy that could lead to monopolistic practices and or unfair business competition. In the study the authors make is about the violation of Article 22 of Law Number 5 of 1999, which in Case Decision Number 10 / KPPU – L / 2013 of conspiracy determine the winner of the tender for Procurement of Goods and Services Sector, Medical Equipment, Health and Family Planning Fiscal Year 2011 in Batam. From the research that the author created, which became the central issue is: How conspiracy in menentuan winning bidder Procurement in Case Commission's Decision No. 10 / KPPU-L / 2013 of conspiracy determine the winner of the tender for Procurement of Goods and Services Sector, Medical Equipment, Health and Family Planning Fiscal year 2011 in the city of Batam. How legal considerations Business Competition Supervisory Commission of the conspiracy in the Commission's Decision on Case No. 10 / KPPU - L / 2013. The method used in this study is if the views of its kind, the study included in this type of normative research, while judging from the nature of this research is descriptive that provide the data as accurately as possible about the fundamental issues that the author adopted with the purpose of obtaining the answers to these problems and to assist in perpetrate the old theories or in order to construct new theories, which intends to provide a clear picture and details about how the implementation of the law, both in theory and in practice to be described as well the principles of law between the regulatory Act number 5 of 1999 in Case Decision number 10 / KPPU-L / 2013. The research results are of Conspiracy on convictions Case Number 10 / KPPU-L / 2013, then the Commission commissioned Preliminary Examination team, Advanced Inspection to conduct an investigation into Case Decision No. 10 / KPPU-L / 2013. Legal considerations of the Commission in Case Decision No. 10 / KPPU-L / 2013, by conducting a series of investigations that are assigned to the Investigation Team, then collected evidence, namely Letters and Documents of the Party, as well as gathering information from witnesses and Reported, so that the results of the examination and tools evidence-tool as consideration of the Commission to decide Case Number 10 / KPPU-L / 2013. Keywords: KPPU-Procurement-Tender
ANALISIS PERJANJIAN SEWAMENYEWA SAFE DEPOSIT BOX (KOTAK PENYIMPANAN BARANG/SURAT BERHARGA) DI PT BANK MANDIRI (PERSERO) TBK PEKANBARU Maylia Darwita; Mardalena Hanifah; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Safe Deposit Box is a bank services system for people that bank leases the box with size and period of time to protect valuable things. PT Bank Mandiri (Persero) Tbk Pekanbaru is a bank does business to provide a place toprotect thing and marketable securities. Safe Deposit Box leasing service in PT Bank Mandiri (Persero) Tbk Pekanbaru regulates by The Safe Deposit Box Leasing Ttreaty and General Term of Safe Deposit Box Leasing between PT Bank Mandiri (Persero) Tbk Pekanbaru and customer to obey Article 1548 Indonesia Civil Code about leasing.The purpose of writing this thesis are: first, to know regulation about Safe Deposit Box in Indonesia Law. Second, to know the right and obligation of customer and the Bank from Safe Deposit Box Leasing Treaty what is suitable with the Third Book of Indonesia Civil Code. And Third, to know PT Bank Mandiri (Persero) Tbk Pekanbaru’s responsibility for things inside Safe Deposit Box.Kind of this study can classified as normatif-emphiric study, becuase in this study, writer analysize the Safe Deposit Box Leasing Treaty and investigate in place according problem directly. This study does in PT Bank Mandiri (Persero) Tbk Pekanbaru used data source, are primary data and secondary data, technique of data collect in this study is literature study and interview with bank party as a party of leasing and customer party as Safe Deposit Box lessee.Based on the results of study, there are three main points can be summarised. First, there is no the regulation focus to regulate how Safe Deposit Box is regulated and other technical points in Indonesia thus PT Bank Mandiri (Persero) Tbk Pekanbaru make treaty with the customer to use legal norm of leasing treaty in practice. Second, PT Bank Mandiri (Persero) Tbk Pekanbaru obligation is not regulated in Safe Deposit Box leasing treaty and also in General Term of Safe Deposit Box Leasing. Third, PT Bank Mandiri (Persero) Tbk Pekanbaru do not responsible for thing inside Safe Deposit Box if thing brokes or losts, because it had appointment by the parties in standard clausula form.JOM Fakultas Hukum Volume III Nomor 2, Oktober 2016 Page 2Writer recomendation is: first, it needs the Safe Deposit Box regulations in order to implement Safe Deposit Box leasing treaty between the Bank and the customer to avoid confusing in implement. Second, the Bank must notice customer interest and not more concerned with bank interest. Third, it needs increasing costumer protection using Safe Deposit Box and legal certainty of responsibility to lost thing inside Safe Deposit Box.Keywords: Safe Deposit Box, Leasing Treaty, PT Bank Mandiri (Persero) Tbk Pekanbaru.
PELAKSANAAN KLAIM ASURANSI JIWA PT. PRUDENTIAL LIFE ASSURANCE/PRU AINI PEMATANG SIANTAR TERKAIT BATAS WAKTU PENGAJUAN KLAIM Moria Lastina; Mardalena Hanifah; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Insurance is an agreement by which binding to the insured to receive a premium to provide reimbursement to him for the loss, damage or loss that might be expected clappers suffered as a result of a evenemen (events not sure). One thing is quite complicated insurance claims is a matter which is the money the insurance provided by an insurance company or insurer to the insured.This type of research can be classified in this type of juridical sociological research, namely the legal research that discusses the legal identification and effectiveness law. This research was conducted at PT. Prudential Life Assurance / Pru Aini Siantar, while the sample population is overall the parties relating to the issues researched in this study, the source of the data used are primary data and secondary data, methods of collecting data in this study with interviews and literature study.From the research there are three main issues that can be inferred. First, the implementation of life insurance agreement PT Prudential Life Assurance / Pru Aini Siantar with the insured has not been fully implemented. Evidently, there are many insured who received a late claim, do not understand do not even understand about the claim, there are still many requirements that are less claims and not in accordance with the procedure. This proves the persistence of the things in the agreement contained in a life insurance policy that has not been done. Second, barriers that occur in the life insurance agreement with PT Prudential Life Assurance / Pru Aini Siantar are insured are often late paying premiums to a life insurance agent, a lack of public knowledge about life insurance, so that delays in the implementation of insurance between the PT Prudential Life Assurance / Pru Aini Siantar with the insured person. Third, the efforts made by PT Prudential Life Assurance / Pru Aini Siantar against obstacles that arise are giving off facilities premiums (premium holiday) to the insured in order to keep the policy agreements materialize and provide accurate information about the life insurance contract to the insured. Suggestions Writer, first, to implement the provisions of the claim that is not beyond the deadline. Second, find out more information life insurance agreement. Third, reinforce the legislation by including sanctionsKeywords: Life Insurance-Claim-PT Prudential Life Assurance
PELAKSANAAN TANGGUNG JAWAB DALAM PENGANGKUTAN BARANG LAUT PADA PELABUHAN JAYA PEKANBARU IRWAN PARDEDE; Mardalena Hanifah; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Organizing activities in the sea transport of goods held for their agreement and the legal relationship between several parties , namely the owner of the goods , forwarder , carrier and entrepreneur ship . The parties involved in transport in the waters being responsible for the safety and security of goods are removed according to the type and amount stated in the charge documents and / or the agreement or contract of carriage has been agreed as Article 40 of Law Number 17 , 2008. The responsibilities arising as a result of the operation of the ship, destroyed , lost , or damage to the goods transported , delay in transportation of passengers and / or freight . Based on the above , the problems regarding the implementation of the author adopted is the responsibility of the parties in case of damaged / lost and delays caused by faults and constraints faced by the owners / shippers against the losses suffered. This type of research the authors classified into types of sociological research by looking at the correlation between the law society , so as to reveal the effectiveness of the rule of law in society and to identify the unwritten law in force in the community who do on-site research that is how the implementation of the responsibilities of the parties in the transport Jaya marine goods at the Port of Pekanbaru .Implementation of the responsibilities of the parties in the transport of goods by sea at the Port of Pekanbaru Jaya should run properly with in accordance with agreements made and provisions of the Act in force and on the implementation of these responsibilities , difficulties . The problem that often occurs is when the goods are shipped owner of the goods were damaged / lost and delays caused by the parties in the transport , lack of information about the procedures in filing losses to the owner of the goods and the lack of legal awareness of the parties in the transport .Keywords : Responsibility - The Parties - Sea Transport Cargo
Co-Authors ', Agen ', Firdaus , Dasrol Abdul Ghafur Afrian, Muhammad Eddo AKMI AZRIANTI Anak Agung Istri Sri Wiadnyani Ananda Fernando Putra Ananda Jelita Putri Anandadhea Putricharina Andrikasmi, Sukamarriko Anggun Pratiwi Aprilian Saputra ASIKA EUNIKE SORMIN Asrini Juniati Gultom Azalia, Ashila Devta Aziza, Mutia Sakiyah Bunga Primatania Darnia, Meriza Elpha Derisma Wulandari Desy Aulia Ulfa Siregar Edy Putra Tambunan, Edy Putra Emilda Firdaus Erda Rahmayanti Sitinjak ERIZA, NOVI Esrahethi S, Esrahethi Fania Hanisa Sundjaya Geremy Joy N Gita Putri Candra Gusdiawan Gusdiawan Gusliana HB Harani Fitryan Harpami, Muhammad Ridho Hengki Firmanda Hidayat , Tengku Arif Ibnu Rahmat Dio IRWAN PARDEDE JIMMY FEBRYANTO SILITONGA Jordi Satria Nanda Kamilia Amirah Lestari Anggraeni M. Arbi Ubaidillah Marissa Illahi Putri Maryati Bachtiar Mayangsari, Endah Maylia Darwita Meidana Pascadinianti Mexsasai Indra Mia Safitri Mizanty, Novradiella Moch. H. Cahyana Maulana Moria Lastina Muhammad Adil, Muhammad Muhammad Zulhidayat Mulia Sixtriani Nadia Sanjaya Nathasya Nadia Fenandri, Nathasya Nadia Nexie Nurafifah Ngajulu Petrus Nina Haryati Novriawanda Novriawanda Nurahim Rasudin Nuraini Pane NURI JUMAIDAH AULIA Nurkamilah ' Nurvita, Nita Ovalia, Novia Pascadinianti, Meidana Pela Sapira Putri Rahmadani Rachman, M. Yogi Rahmad Hendra Rahmat Septiadi Rahmi Febriani Rais, Amin Redha Rahayu Rezky Yarman Ricky Musliadi Rika Lestari Ririn Erida Hutagaol, Ririn Erida Riska Fitriani Risti Febiawati Rozi Oktri Novika Rusdah Cia, Rusdah safitri, fira Sandy, Ferri Santy Dewi, Santy Setia Putra Setia Putra, Setia Shelby Susandari Shelly Novita Siltami, Frisa Ayu SITI SUHAINA Sugi Kurnia Pakpahan Suryadiansyah S Triyananda, Maulidya Ulfia Hasanah Vertina, Annisa Sophia Vitis Sera Yolla Indriana Zaklylen, Arizkygo Zidane Zsa Zsa Quamila Pasyura Zui Zui Anita Safari