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ANALISIS YURIDIS KEWENANGAN KOMISI PEMBERANTASAN KORUPSI DALAM PENYIDIKAN PELAKU TINDAK PIDANA KORUPSI PENGADAAN ALAT UTAMA SISTEM SENJATA OLEH OKNUM TENTARA NASIONAL INDONESIA Ardiansyah, Andri; Jayakusuma, Zulfikar; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The Corruption Eradication Commission is an independent institution specifically formed to handle corruption cases that are equipped with a set of authority in carrying out the tasks of investigation, investigation and prosecution.In carrying out the duties and authority of the Corruption Eradication Commission in conducting investigations of the perpetrators of corruption, the procurement of the main equipment of the weapons system clashes with the oath of soldiers and the Military Justice Law, which has led to pros and cons in various circles.The purpose of writing this thesis is; first, to find out the authority of the Corruption Eradication Commission in investigating the perpetrators of corruption in the procurement of the main weapons system, especially those carried out by the Indonesian National Armed Forces.second, to find out the criminal law policy on the authority of the Corruption Eradication Commission in investigating perpetrators of corruption in the procurement of the main weapons system by the Indonesian National Armed Forces.In writing this thesis the author uses the normative juridical research method that emphasizes legal principles, namely the principle of legality. Then analyzed qualitatively and then make conclusions with the deductive method.The results of the author's research, are; First, the Investigation carried out by the Corruption Eradication Commission has a legal basis Article 42 of Law Number 30 of 2002 concerning the Corruption Eradication Commission.All authorities related to investigations, investigations and prosecutions as stipulated in Law Number 8 of 1981 concerning Criminal Procedure Law also apply to investigators, investigators, and public prosecutors in the Corruption Eradication Commission.Criminal law policy towards the handling carried out by the KPK and the Military related to the corruption case of the procurement of defense equipment is a separate treatment.Finally, the authors submit a suggestion that the President together with the House of Representatives (DPR) need to establish a regulation regarding the procedures and procedures regarding the investigation or existing laws must be amended so that there is no error in the authority of the investigation by any institution including the KPK, and so that the implementation or implementation the investigation has a clear legal umbrella and has legal jurisdiction.Keywords: Investigation - Corruption Crime - Military
IMPLEMENTASI PRINSIP COMMON BUT DIFFERENTIATED RESPONSIBILITIES SEKTOR PERKEBUNAN DALAM MITIGASI PERUBAHAN IKLIM DI INDONESIA Sitompul, Melani Aronica Maya Sari Br.; Jayakusuma, Zulfikar; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Indonesia ratified the Climate Change Convention with Law Number 6 of 1994 and Kyoto Protocol with Law Number 17 of 2004, so that Indonesia continues to participate to minimize Greenhouse Gases. The Climate Change Convention adopts several important principles in climate change mitigation policy efforts. One of the principles adopted in this convention is the principle of Common but Differentiated Responsibilities (CBDR) or other terms Joint but Different Responsibilities. Where Indonesia as one of the countries included in the category of developing countries legally does not have the obligation to reduce emissions, because in the provisions of the Kyoto Protocol, developing countries are not required to reduce emissions. However, even though the Indonesian State does not have the obligation to reduce its emissions, it must still participate in maintaining its emissions not to increase. Indonesia's commitment to reduce greenhouse gas (GHG) emissions by 29% under Business as Usual (BAU) in 2030 and up to 41% with international assistance.This type of research can be classified as normative juridical research, because this research is carried out by examining library materials or secondary data, so that it can be called normative legal research or library law research.From the results of the study, the international aid commitments in the form of financial assistance and technological assistance. As well as commitments from Indonesia in the form of making national regulatory policies, budgeting, and making climate change program strategies. However, despite the commitment of both Indonesia and the Climate Change Convention, it still has obstacles, namely, First, the rate of deforestation continues to increase. Second, there are policy differences between the climate change conventions and the Indonesian government. Third, the weak moratorium on forest areas and oil palm plantations. And Fourth, there are overlapping permits for the opening of oil palm plantations which occur every year.Keywords: Climate Change-Mitigation-CBDR-Oil Palm Plantations
KEKUATAN BUKTI ILMIAH PADA TINDAK PIDANA KEBAKARAN HUTAN DAN LAHAN DALAM RANGKA PENEGAKAN HUKUM PIDANA LINGKUNGAN HIDUP DI PROVINSI RIAU Ismaeri, Randy; Jayakusuma, Zulfikar; R, Mukhlis
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Forests as one of the natural resources with great potential to be used to improve community welfare. Because of the importance of the function of forests for human life so that the preservation of the forest needs to be maintained so that the forest needs to be maintained so that the forest does not lose its function. Things that can cause disruption of forest functions include forest fires. One of the cases of forest fires which was acquitted with the defendant PT. Adei Plantation and Industry, while scientific evidence presented in court shows that PT. Adei Plantation and Industry intentionally committed acts resulting in exceedance of ambient air quality books, water quality standards, sea water quality standards or environmental damage and human safety hazards and resulting in significant injury or death to people who could be convicted and receive strict sanctions.This type of research is normative legal research that is the principles of law. The legal principle that is the object of the problem in research is the principle contained in the criminal justice system, that a judge must be able to consider the facts of the trial to create a sense of justice. While judging from the nature of this research, it is descriptive. This study uses secondary data that is ready-made data.The results of this study are an analysis of judges' legal considerations in dropping criminal case decisions No. 228 / Pid.Sus / 2013 / PN.Plw is a consideration of the Decision of the First Level Judge, then Article 99 paragraph (1) jo article 116 paragraph (1) letter (a) ) RI Law. Number 32 of 2009 concerning Environmental Protection and Management in conjunction with Law Number 14 of 1970 in conjunction with Law Number 48 of 2009 concerning Judicial Power, Law Number 8 of 1981 concerning KUHAP and other regulations relating to this case. . The criminal conviction of the defendant by the Pelalawan District Court at the first instance and the Pekanbaru High Court at the appeal level were too mild. The defendant's actions are not in line with the government's program which must run environmentally friendly business activities.Keywords: Law Enforcement, Pharmaceutical Supply Dealers, No Licens
PENERAPAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PEMALSUAN MATERAI OLEH PENGADILAN NEGERI PEKANBARU Prayudi, Arga; Jayakusuma, Zulfikar; Elmayanti, Elmayanti
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Stamp duty has an important meaning in society, that is with stamp duty, the stamped letter specified by the Act becomes a valid letter, meaning that without stamp duty as a certificate, for example a power of attorney, it is unaccepted as a valid authorization. Likewise in court proceedings, new letters can be used as a means of proof if stamped with those determined by the law. Stamp counterfeiting is detrimental to the government because stamp purchases are a kind of tax and stamp forgery results in a reduction in the state taxex.This research is a sociological legal research that is research that wants to see the unity between law and society with the gap between das sollen and das sein. This research was conducted at the Pekanbaru District Court, while the population and sample were all parties related to the issues examined in this study, the data sources used, primary data, and secondary data, the data collection techniques in this study were conducted through literature review interviews.in this thesis, three things that can be concluded. First, the application of sanctions against stamped offenders by the Pekanbaru District Court. Second, the factors which become obstacles faced in the application of criminal sanctions by the perpetrators of falsified criminal acts. Third, the efforts made in overcoming obstacles to the imposition of criminal sanctions against perpetrators of stamp fraud by the Pekanbaru District Court.Keywords: Application of Sanctions - Stamp Counterfeiting Criminal Acts
PENEGAKAN HUKUM TERHADAP KASUS POLIGAMI SECARA NIKAH SIRI BERDASARKAN PUTUSAN HAKIM PADA PERKARA NOMOR 363/PID.B/2013/PN.Tng DAN PERKARA NOMOR 114/PID/2007/PT.Btn Nurdianti, Nurdianti; Jayakusuma, Zulfikar; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Polygamy is a marriage where a partner of the sex who has more than one partner at the same time with the terms and conditions. In Article 279 of the Criminal Code it has been stated that prohibiting marriage more than once will be punishable by imprisonment of 5 (five) years if it does not meet the requirements. In decision number 363/Pid.B/2013/PN.Tng which recognizes the validity of Siri marriage and decision number 114/Pid/2007/PT.Btn which does not recognize the validity of Siri marriage against polygamists.This research uses library research method. This research was conducted by examining the laws, documents and literature relating to the research material. The research approach used in this research is descriptive analysis, which uses research on the systematic system of law and examines the norms that exist in criminal law and criminal law rules, especially the Criminal Code (KUHP) and Law 1 of 1974 concerning Marriage, then the data will be analyzed based on normative-juridical.From the results of research and discussion it can be concluded that, Firstly, law enforcement in the decision of the judge against the polygamist perpetrators with case number 363/Pid.B/2013/PN.Tng that the Panel of Judges has been right in examining and deciding the case. Whereas in the decision number 114/Pid/2007/PT.Btn that the Panel of Judges was negligent in examining and deciding the case. The judge's interpretation in the above ruling is to acknowledge the validity of the marriage and not acknowledge the validity of the marriage itself. Whereas the factors causing the uneven uniformity of the judge's decision are that the judge has freedom in deciding the case, the judge's self, and the thought contingency of the judge.Keywords: Polygamy, Siri Marriage, Judge's Decision
ANALISIS KEBIJAKAN DERADIKALISASI DI LEMBAGA PEMASYARAKATAN TERHADAP PELAKU TINDAK PIDANA TERORISME DI INDONESIA Saputra, Yayan; Jayakusuma, Zulfikar; Rahmadan, Davit
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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The criminal act of terrorism is a crime against humanity that results in damage to infrastructure, the emergence of anxiety in the community and increasing suspicion among religious communities. Many observers say the emergence of terrorism stems from radicalism. Radicalism is an attitude that craves total change and is revolutionary by reversing drastic values through extreme violence and actions. To eradicate criminal acts of terrorism, Indonesia uses two methods, namely a harsh approach through Detachment 88 as the executor. And the only soft approach through BNPT as the implementer. The soft approach used by the BNPT is counter radicals and deradicalisation. Deradicalization is changing the ideology of a person who was previously radical to no longer radical. This de-radicalization is done inside the prison and outside the prison.This type of research is classified in the type of normative legal research, namely research on the effective law that is currently in effect, the nature of this research is descriptive, that is to describe systematically, the facts and characteristics of the object being studied appropriately. Sources of data used are primary and secondary data, data collection techniques used are through library research sourced from legislation, books, official documents, publications, and research results.Based on the results of the study there are main problems that can be concluded that first, the lack of knowledge of prison officers in dealing with terrorist prisoners. Second, not all terrorist inmates want to join the deradicalization program. Third, mixing terrorist inmates with other criminal convicts in one prison. And fourth, there are people who do not want to accept ex-convicts and their families back in their midst. Suggestion writer, the BNPT should provide training and knowledge to prison officers in dealing with terrorist prisoners, prison officers or the BNPT must find a solution so that every terrorist prisoner wants to participate in the de-radicalization program, place terrorist prisoners in prison that only contain terrorist prisoners and educate the public about implementation of the de-radicalization program in prison so that there is no negative stigmatization of former terrorist inmates who return to the society.Keywords: Criminal Acts of Terrorism, Radicalism, Deradicalization
NEPOTISME DALAM PERSPEKTIF HUKUM PIDANA INDONESIA Dahniati, Dahniati; Jayakusuma, Zulfikar; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
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Nepotism is any act of the conduct of the state against the law that benefits the interests of his family and / or cronies above the interests of the community, nation and state. The practice of nepotism is still frequently practiced in Indonesia, it has even become a public secret in the process of recruiting new employees, both in government agencies and companies and in the private sector. Nepotism is regulated in Act Number 28 of 1999 concerning Organizers that are Clean, Corruption-Free, Collusion and Nepotism. The ratification of the Act should have been the legal basis for prohibiting the practice of nepotism, along with corruption and collusion. But in reality the case of nepotism in Indonesia has never been heard at all despite numerous complaints, statements and evidence.This type of research can be classified in normative juridical research, because this research was conducted by examining secondary data and approaches to the law, this normative study examines the principles of law. Sources of data used are primary data, secondary data, tertiary data, data collection techniques in this study are normative juridical, the data used is literature study.The results of the research conducted by the author are that the regulation of Nepotism is still very weak and the problem of law enforcement institutions authorized to enforce the law against nepotism has not been effective. Therefore to be able to enforce the rules regarding nepotism and to eradicate it, it is necessary to have an effort to reform Law No. 28 of 1999 concerning State Administrators that are Clean, Corruption-Free, Collusion and Nepotism. In addition to improvements in legal arrangements or norms regarding nepotism, cooperation is also needed between law enforcement officials in order to effectively enforce the rule of law regarding nepotism by holding special opinions needed by special investigators to prevent and eradicate the crime of nepotism. And the need for socialization by law enforcement officers to the public about the importance of knowledge of the efforts to prevent and eradicate the crime of nepotism.Keywords: Criminal Acts, Nepotism Regulation, Nepotism, Prohibiting Proof
PERTANGGUNGJAWABAN HUKUM PENYELENGGARA PERDAGANGAN MELALUI SISTEM ELEKTRONIK DALAM NEGERI ATAS PEMBIARAN SEPATU SKECHERS PALSU (STUDI KASUS PADA BUKALAPAK) Rovandie, Rio; Jayakusuma, Zulfikar; Dasrol, Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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This study aims to find out how the legal accountability of trade operators through the domestic electronic system (PPMSE) for counterfeit goods sold by traders on their platforms based on Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems (PMSE) and to find out how legal protection is against buyers in PMSE activities based on the laws and regulations in Indonesia. The benefits of this research can increase public understanding of PPMSE's legal responsibilities and about community rights as consumers in PMSE activities. This research can also be input and information material for PPMSE to improve supervision, improvement and security in managing its platform in order to protect its users properly. This type of research is normative legal research. The research approach is a case study on the Bukalapak Platform. The result of the research is that PPMSE can be held legally responsible based on vicarious liability which refers to Article 1367 Paragraph (3) of the Criminal Code if it is proven that due to unlawful acts committed by its workers in processing consumer complaints resulting in consumer losses. The form of legal liability is to compensate consumers who are harmed. The clause in the Bukalapak electronic contract that limits the maximum liability is a violation of the laws and regulations so that the objective conditions of the agreement are not fulfilled and the agreement is null and void. Based on the principle of liability with limitations (limitation of liability) PPMSE can be held legally responsible because the clause is detrimental to consumers. Legal protection for buyers in PMSE activities refers to PP PMSE and UUPK, in these regulations there are various forms of buyer rights that must be protected. obliged to provide compensation, compensation and reimbursement. PPMSE is also obliged to try to protect the rights of buyers, PPMSE is obliged to provide electronic contracts, security systems, complaint services, officers who are competent in processing complaints and assist buyers in resolving problems related to their rights properly. Keywords: Liability – PPMSE – PMSE – Counterfeit – Merchants – Buyers
TINJAUAN TENTANG PEMENUHAN SERTIFIKASI HALAL PADA PRODUK MAKANAN RESTORAN KOREA BERDASARKAN UNDANG�UNDANG NOMOR 33 TAHUN 2014 TENTANG JAMINAN PRODUK HALAL DI KOTA PEKANBARU nudirwan, wawan; Jayakusuma, Zulfikar; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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The existence of Korean restaurants has now become a culinary choice trend for Indonesian people, especially in Pekanbaru City. The problem is that consumers tend not to know whether the composition of Korean cuisine has been adapted to the identity of consumers who are predominantly Muslim. So with that, it is the responsibility of Korean restaurant businesses to ensure that the processed food is halal, both in terms of composition and processing process, as has been regulated in Undang-Undang Nomor 33 Tahun 2014 tentang Jaminan Produk Halal. The purpose of writing this thesis: first, to determine the implementation of the implementation of halal product assurance in Korean restaurants in Pekanbaru City. Second, to find out the responsibilities of business actors in providing guarantees for halal products at Korean restaurants in Pekanbaru City.The type of research used in this legal research is sociological legal research. Analysis of the data used is the author analyzes the data qualitatively. In drawing conclusions, the writer uses deductive thinking method, which is a way of thinking that draws conclusions from a general statement or proposition into a specific statement.The results of the study concluded that the implementation of the implementation of halal product assurance at Korean restaurants in Pekanbaru City had not run optimally. There are still business actors who do not apply JPH to their restaurant business. Of the 10 Korean restaurants, 5 restaurants do not include halal labels, 2 restaurants fake halal labels, 2 other restaurants include halal labels but are not easily seen by consumers, 1 restaurant has halal labels that are easy to see. For halal certificate ownership, 8 restaurants are halal certified by MUI, 2 other restaurants are not halal certified
PENYELESAIAN KREDIT MACET ANTARA BANK BPR PIJER PODI KEKELENGEN DENGAN NASABAH PADA PT. BPR PIJER PODI KEKELENGEN DI CABANG SIMPANG POS MEDAN Oktanika, Edward; Jayakusuma, Zulfikar; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 1 (2021): Januari - Juni 2021
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Bad Credit Settlement is action resolve a situation where the bank customer is unable to pay partially or completely of the liability to bank as promised between the bank customer and bank. Bank is a business entity that collects funds from the public in the form of saving and distributes in to the public in the form of credit in order to improve the standard of living of the people. Act number 10 of 1998 about banking, classifies bank in two types commercial bank and BPR. BPR is bank financial institutions that accept deposits only in the form of deposits, savings or other form channel funds in the form of credit to improve the standard of living of people carrying out business activities through conventional or syariah principles. In its activities it does not provide services and taffict payment. Bank Customer are parties who use bank service.This type of research is an empirical juridical research or sociological law research, namely a research approach that emphasizes the legal aspect regarding the subject matter to be discussed, associated with the realitiesin the field. This research was conducted in the office PT. BPR Pijer Podi Kekelengen branch company Simpang Pos Medan. The simple and population are customer and bank that etered into a credit aggrement.source of data obtained based on primery and secondary data. Data collection techinques in research using observation, questionnaires, interview, and library studies.Of the research, there are two things that can be concluded, first the settlement of bad credit at bank PT. BPR Pijer Podi Kekelengen branch Simpang Pos Medan. Second, the rights and obligations of the parties in the credit agreement between bank and bank customer at bank PT. BPR Pijer Podi Kekelengen branch company Simpang Pos Medan.Keyword: bad credit settlement – bank – bank customer
Co-Authors , Dasrol ., Elmayanti Abdi Afriando Adela Putri Maharani Adhelfy Prabas Adi Tiara Putri Adi Tiaraputri Aditiara Putri Aditya Wahyu Tiaraputri Afandi, Muhajir Aftahul Jefran Alde Karunia Syarvi Ali Syobri An Nisaa Mujahidina Andi Hijrah Uswatoen Khasanah Andrikasmi, Sukamarriko Angga Alfonsus Sihotang Angga Hijrahtul Mufit Anisa Hijrani Anistasya Febriani Annisa, Ade Rizki Annum Satya Rahmah Harahap Ardiansyah, Andri Ariq Febrian Arya Syafandu Riesta Asri Qhornelis Putri Atikah Muna Aulia Purnama Ramadhan Bagas Aryo Seno Putra Bagaskara Dwi Wardhani Balqis Sakinah Bantala, Adam Yulyan bayu saputra Berry Aryakusuma Celfi Anggryani Chairul, Dahril Darmawan Dahniati, Dahniati Darnia, Meriza Elpha David Herlambang Davit Rahmadan Davit Rahmadan Davit Rahmadhan Dessy Artina Dhiaulhaque, Nada Diana Octavia Situmeang Dino Setiawan Duwi Cut Diana Putri Elmayanti, Elmayanti Emilda Firdaus Erdiansyah Erdiansyah Erdianto Effendi Ersya Putri Saujani Evi Deliana HZ Fani Yolandri Farhan Muhammad Aziz Fendra Rizaldy Pratama Ferawati Ferawati Ferawati Ferawati Ferdi Juniawan Erga Fifi Fazilah Firdaus Firdaus Firdaus Firmansyah, Doni Fitria Yolanda Sofni Ghaitsa Rahma Glien Excell Julio Marshanda Grace Blessinka Gusliana HB Gusniardy, Raja Thesa Hamzah Hamzah Haris Vivera Simatupang Heltina Wati Sitorus Hengki Firmanda Hengki Purnata Hidayahtullah, Yusuf Hilman Haripal Hurul Aini Iga Arsita Ilham Azhari Ilma Rama Dona Indah Apriliani Indah Septipah Indah Tri Wisesha Ismaeri, Randy Isnal Hevi Ivan Marcelino Barus Jerry Wan Beckam Juanda Hasanuddin H Junaidi Junaidi Khairul Bakri Kuntum Khaira Ummah Ledy Diana M. Sobirin Hafiz Ar-Rizqi M.Aidil Akbar Maghfira Dwi Adisti Manurung, Hadonia Lazarus Maria Maya Lestari Merigo, Tri Ipo Mexsasai Indra Muhammad A. Rauf Muhammad Hafiz Muhammad Naufal Asshidiqie Muhammad Naufal, Muhammad Muhammad Rusdiansyah Mukhlis R Muthiya Mutiara Rizkia Nadya Marva Aneila Nanda Erlangga Pranata Nathaniel Adianta Rim Manurung nudirwan, wawan Nufus, Aulan Nurahim Rasudin Nurdianti Nurdianti Nurdianti Nurdianti Ocy Ananda Erica Oktanika, Edward Pangestu, Devin Catur Pranata, Dendy Prayoga Darsa Prayudi, Arga Puti Jasmine Putra, Rian Dika Putri Azelianda Syaren Putri Damayanti Putri, Adi Tiara Putri, Adi Tiara Rabby, Nur Azizah Rahma Febiola Rahmad Hendra Rahmani Fitriah Rahmawan Mulya Sanah Rahmi Putri Raka Wahyudi Abdurrohim Rany Angraini Regyna Putri Willis Rika Lestari Riska Fitriani Riska Mawarni Rizka Aprilia Rizka Azzahra Robet Chandro Wijaya Sibuea Rovandie, Rio Sabrina Threcia Sabrina Tio Larisha Marpaung sakti, Laras Salma Kemala Salsa Annisya Anggraini Sarah Doviola Sipangkar Separen, Separen Septiani, Kartika Shasri, Nadia Rachel Dwinanda Shofa Rizkina Pratiwi.A Sitompul, Melani Aronica Maya Sari Br. Sopiandi Pakpahan Sri Divia Bella SULISTIANI SULISTIANI Surya, Evelyn Syaiful Waliyadin Syerin Aurellia Tengku Mega Rahmadini Tiffani Ramalia Putri Ulfa Shabrina Ulfia Hasanah Utin Rahmah Indah Pratiwi Wahyu Okta Prasetyo Wahyuni, Rani Sri Widia Edorita William Joshua Sinaga Windy Aprila Wiraya Aidiliya Utama Yayan Saputra, Yayan Yesi Fitri Indriani Yolan Indrayani Yolanda Pramandika Yuli Maharani Zainul Akmal Zulwisman, Zulwisman