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All Journal USU LAW JOURNAL Jurnal Mahupiki Arena Hukum Abdimas Talenta : Jurnal Pengabdian Kepada Masyarakat Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Ilmu Hukum Prima Majalah Ilmiah Warta Dharmawangsa LEGAL BRIEF Iuris Studia: Jurnal Kajian Hukum Buletin Konstitusi Law_Jurnal Locus: Jurnal Konsep Ilmu Hukum Jurnal Ekonomi dan Bisnis Digital (MINISTAL) Locus Journal of Academic Literature Review JURNAL JUSTIQA Jurnal Pencerah Bangsa Recht Studiosum Law Review Mahadi : Indonesia Journal of Law Jurnal Media Akademik (JMA)
Syafruddin Kalo
Program Studi Magister Ilmu Hukum, Fakultas Hukum, Universitas Sumatera Utara, Medan
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PENEGAKAN HUKUM PIDANA TERHADAP PENGGUNA NARKOTIKA SEBAGAI PELAKU TINDAK PIDANA NARKOTIKA DI POLRESTA MEDAN Victor Ziliwu; Syafruddin Kalo; Mahmud Mulyadi; Madiasa Ablisar
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Law on Narcotics and Psychotropic Substances Act mandates an obligation to undergo treatment and the treatment and rehabilitation of drug addicts. The provisions concerning the "obligation" to undergo rehabilitation for users who experience addiction, in the Psychotropic Law stipulated in Article 36 s / d of Article 39 and the Narcotics Act under Article 45. Users of narcotics as criminals and at the same time as the victim, based on Article 103 Narcotics Act, the Supreme Court issued a breakthrough by issuing several circulars, among others: Circular of the Supreme Court (SEMA) No. 07 Year 2009 concerning the Placing to Drug Users In Nursing and Rehabilitation Therapy contained into Letter No. 07 / BUA.6 / HS / SP / III / 2009 dated March 17, 2009 (hereinafter referred to as SEMA No. 07 of 2009); and Circular of the Supreme Court (SEMA) No. 04 Year 2010 concerning the Stipulation of abuse, and to the Narcotic Addict Rehabilitation In the Institute of Medical and Social Rehabilitation (hereinafter referred to as SEMA No. 04 of 2010). As a result of SEMA No. 07 in 2009 and continued with the SEMA No. 04 The year 2010 is associated with criminal law enforcement against drug users as criminals narcotics in Medan Police, the Investigator difficulty determining whether a person is caught red-handed with evidence under SEMA No. 07 The year 2009 belongs to the category of users or addicts. Because both are victims of crime as narcotic crime. The difficulty occurs because many actors are caught with evidence of drugs as defined in the SEMA No.
TINDAK PIDANA PENIPUAN TERKAIT DENGAN IKLAN PENJUALAN BARANG YANG MERUGIKAN KONSUMEN Julieta Santi Simorangkir; Syafruddin Kalo; Muhammad Hamdan; Dedi Harianto
USU LAW JOURNAL Vol 4, No 1 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Meet their needs, consumers are faced with various types of products offered by businesses. With the various types of products and freedom for consumers to choose a variety of products offered lead to competition among businesses. Competition among businesses to market products that offer the consumer interest can be done in various ways, one of them promoting products through print media advertisements. Advertising is a tool for businesses to introduce their products to the public in order to influence the tendency for people to use or consume. The problem is, the ad does not always give a true or deceptive information about an advertised product, so that consumers can be harmed by the behavior. If perpetrators of this background can be formulated several problems, namely how the forms of advertising fraud that harm consumers, whether fraud ad meets the elements of a crime, how to determine the criminal liability for those who make advertising the sale of goods that harm consumers in Indonesia based on the Code of Criminal Law and Law 8 of 1999 on Consumer Protection.  Keywords : Ad Fraud, Liability Business Communities Ad, Ad Adverse Consumers.
ANALISIS TINDAK PIDANA PENCUCIAN UANG DARI HASIL TINDAK PIDANA KORUPSI TERHADAP PENGADAAN BARANG DAN JASA (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 1793 K/PID.SUS/2014) Tunggul Yohannes; Syafruddin Kalo; Sunarmi Sunarmi; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Corruption criminal act and money laundering criminal act were closely related. It can be seen in Article 2, paragraph 1 of Law No. 8/20120. Goods/service procurement is personal and functional responsibility. Functional responsibility is divided into PA (budget user)/KPA (Proxy of Budget User), PPK (Commitment Making Official), ULP (Procurement Service Unit)/Procurement Official, and the Committee/Official that Receives Work Outcome). Judicial analysis of money laundering criminal act on procuring goods/service (A Study on the Ruling of the Supreme Court No. 1793 K/PID.SUS/2014), showed that the judge’s consideration at the Medan District Court in handing down his verdict by stating that the defendant, Tono alias Asia, had been proven to commit criminal act as stipulated in Article 5, paragraph 1 in conjunction with Article 2, paragraph 1, letter a of Law No. 8/2011 on the Prevention and Eradication of Money Laundering Criminal Act, that the the judge’s imposition on the sanction was not appropriate since the defendant had collectively committed corruption criminal act as stipulated in the primary indictment under Article 2, paragraph 1 of Law No. 20/2001 in conjunction with Article 55, the first paragraph 1 of the Criminal Code. Keywords: Money Laundering, Corruption, Procurement
PERLINDUNGAN HAK ATAS TANAH ULAYAT MASYARAKAT ADAT GAYO DI KABUPATEN BENER MERIAH Yowa Abardani Lauta; Syafruddin Kalo; Runtung Runtung; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 3 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT   The existence of ulayat rights (communal right of disposal or customary associative right) in Indonesia is recognized and respected as it is stipulated in the 1945 Constitution; this recognition is confirmed in Law No. 5/1960 on the Agrarian Basic Regulation. Ulayat rights actually still exists and is not contrary to the national interest and to any higher legal provisions. The Regulation of the Agrarian Minister No. 5/1999 on the Guidance for Settling the Problems of ulayat rights in the Adat Community orders the establishment of Regional Regulation on the recognition and protection for ulayat rights  in each area in which it still exists. In reality, not all areas in Indonesia, including ulayat rights in the Gayo community in Bener Meriah District, has Regional Regulation for it. The result of the research showed that the existence of ulayat rights in the Gayo community still exists; it is indicated by the existence of the subject of ulayat rights, that is, ulayat rights object and the legal relationship between the subject and the object of ulayat rights. On the other hand, there are also some obstacles from its legal substance, legal structure, and legal culture in recognizing and protecting ulayat rights. Bener Meriah District Administration has established Majelis Adat (Adat Council) through Bener Meriah District Qanun No.4/2010 on Organizational Structure and Work Structure of the Secretariat of the Extraordinary Committee in Bener Meriah District and has published Bener Meriah Qanun No. 5/2011 on the Appointment of Animal Breeding Locations (peruweren) of Uber-Uber and Blang Paku in Bener Meriah. Keywords: Ulayat rights, Adat Gayo Community, Bener Meriah District
PENERAPAN HUKUMAN TERHADAP ORANG TUA KANDUNG YANG MELAKUKAN KEKERASAN SEKSUAL KEPADA ANAK KANDUNG (Analisis Putusan No.1579/PID.SUS/2015/PN-Mdn, Putusan No.333/Pid.B/2014/PN-Mdn, Putusan No.133/Pid.Sus/2014/PN-Stb) Yusuf Hanafi Pasaribu; Syafruddin Kalo; Marlina Marlina; Edy Ikhsan
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Sexual harassment committed by parents to their child is a very disgraceful misconduct because they are supposed to take care, provide improvement, education, protection, and to take part in their child’s growth and development in order to undergo a better life, because a child is nation’s next generation. Nowadays, the government is active and pays serious attention to reduce criminal acts, particularly to child by issuing the recent Law in order to protect children from being criminal victims and to give more serious sanctions to the criminal by revising Law No. 23/2002 on Child Protection amended by the Law of the Republic of Indonesia No. 35/2014. The problems are how parents who commit sexual harassment to their child are generally described; how the analysis of Verdict No. 1579/Pid.Sus/2015/PN-Mdn, No.333/Pid.B/2014/PN-Mdn, and No.133/Pid.Sus/2014/PN-Stb are; and what obstacles are faced by the Judge to convict the natural parents who commit sexual harassment in order to provide legal protection to their child.This research uses empirical judicial normative method. It is a descriptive analysis with statute approach and analysis of particular cases from various legal aspects; thus, this research is classified into a case study and an interview with the informants.In general, the description of parents who commit sexual harassment to their child, according to some cases, are the parents who take full control of their child, they make their child their sexual slaves using sexual harassment by strongly threatening their child to make sexual contact. The analysis of the Judge’s verdict shows that Judge’s consideration in settling the case of sexual harassment committed by biological parents to their child, the Judge considers the incriminating and mitigating things. It is incriminating that the Defendant is the victim’s biological father; he has damaged the child’s future and caused heavy trauma. It is mitigating that the Defendant has never been convicted. The obstacle that often emerges in convicting the biological parents a criminal of sexual abuse is in providing legal protection to the child who suffers from trauma in witness’ investigation when the Judge posts questions. Keywords: Implementation of Punishment and Sexual Harassment
ANALISIS PERTANGGUNG JAWABAN PIDANA DOKTER ( Studi Putusan Mahkamah Agung No 365K/Pid/2012) Heni Widiyani; Syafruddin Kalo; Marlina Marlina; Mahmud Mulyadi
USU LAW JOURNAL Vol 4, No 4 (2016)
Publisher : Universitas Sumatera Utara

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ABSTRACT Doctor is a profession devoted to the science of public interest, to have freedom of humanitarian values under the code of medical ethics. Relationship between doctor and patient that originated from the paternalistic relationship turns into a horizontal contract. The amendment raises a lot going on criticism of the performance of doctors. The formulation of the issues discussed in this study regarding the rules on malpractice in Indonesian positive law and criminal liability of doctors in the Supreme Court decision No. 365k/pid/2012. This problem is analyzed with the theory of criminal responsibility and theories of causality. Results of this thesis research on the rule of positive law malpractice in Indonesia is in the book of the Criminal Justice Act, Act No. 36 of 2009 on Health, and Law No. 29 of 2004 Practice of Medicine, malpractice is divided into two, judicial malpractice and malpractice etic. Criminal liability imposed on physicians by the Supreme Court is not in accordance with the theory of causality because there are no omissions in the action taken by the doctor that resulted in the death of the victim, so that the elements of Article 359 of the accused are not being met, and there should be no criminal responsibility for the death of the victim to the doctor, as a result of death due to embolism is a medical risk in medicine and included in the justification of criminal responsibility. So the Supreme Court's decision in giving the verdict of guilt was not right and wrong. well as law enforcement officers to more thoroughly and understand the principles of law and legal theory and laws and regulations related to shrimp malpractice, resulting in a wise decision for the court physicians and patients in conflict of the law.
PERTANGGUNGJAWABAN PIDANA PELAKU PENGHINAAN MELALUI LAYANAN PESAN SINGKAT ATAU SMS (SHORT MESSAGE SERVICE) (Studi Putusan: Pengadilan Negeri Sumenep Nomor: 70/Pid.B/2010/PN.SMP, Putusan Pengadilan Negeri Pati Nomor: 45/Pid.Sus/2013/PN.Pt, Putusan Pengadil Rumia R.A.C Lumbanraja; Syafruddin Kalo; Madiasa Ablisar; Keizerina Devi
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Technological Development causes new legal problem, humiliation which is done through electronic Short Message Service (SMS). Humiliation case is regulated in Article 310-321 of the KUHP (the Criminal Code). Since SMS is an electronic service, the Government issued UU ITE 9Law No. 11/2008 on ITE or Electronic Information and Technology). There is the difference in the implementation of law: 1) how about the implementation of the evidence for humiliation criminal acts through SMS, and 2) how about the criminal liability of perpetrator of humiliation through SMS.  From the evidence aspect, the KUHP has no evidence for electronic case while SMS is interpreted as a written form which is regarded and categorized in the KUHAP as a letter as it is stipulated in Article 187, letter d of the KUHAP which is only in effect if there is another evidence related to other evidence. According to Article 1, figure 1 of Law No. 11/2008 on ITE, SMS is electronic information, electronic data in a written form which can be accepted as valid evidence as it is stipulated in Article 5 of UU ITE. The perpetrator of humiliation through SMS has legal liability since it has fulfilled the counts to criminal act and its consequences, the existence of guilt that the perpetrator intentionally sends SMS containing humiliation by attacking one’s dignity and good reputation in the SMS, and the counts to eliminate criminal act since there is no apology by the perpetrator as it is stipulated in the KUHP so that criminal sanction can be imposed on the perpetrator.   Keywords: Criminal Liability, Humiliation, Short Message Service or SMS
ANALISIS YURIDIS KEBIJAKAN PEMIDANAAN DENGAN HUKUMAN KEBIRI TERHADAP PELAKU PEDOFILIA Muhammad Andi Dirgantara; Syafruddin Kalo; Alvi Syahrin; Chairul Bariah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT Sentencing policy with castration punishment is a form of government efforts to suppress the sexual abuse of children were recently increased. Award gelding punishment for pedophiles do with chemical castration. objects that are discussed in this study is to answer the question about the policy of punishment for pedophiles in Indonesian positive law, setting penalties gelding by Perppu No. 1 2016 on the Second Amendment Act No. 23 of 2002 on Protection of Children and penalties gelding in the perspective of Islamic law and human rights, this research then produced several conclusions that pedophilia is a disorder of sex deviates experienced by adults the sexual attraction to children that lead to rape and / or sexual abuse, perpetrators be punished gelding was ever convicted offenders with similar criminal offense and punishable by life imprisonment or imprisonment of at least 10 (ten) years. in Islamic law does not use neuter punishment for perpetrators of rape or sexual abuse and differences of opinion against punitive castration for pedophiles rights terms manusia.Berdasarkan conclusions obtained in this study, it is suggested not only add to the type and weight penalties for pedophiles but also consider the interests of children who are victims of sexual violence, the perpetrators were never convicted the same and has serious impacts should be put to death without punishment made a gelding and reviewing punitive castration for pedophiles. Keywords: Policy Punishment, Punishment gelding, Actors Pedophilia
LAW ENFORCEMENT AGAINST CRIME SMUGGLING OF USED CLOTHING IMPORTS (STUDY CENTER TANJUNG COURT RULING KARIMUN NUMBER 107 / PID.SUS / 2014 / PN TBK AND CAPE CENTER COURT RULING KARIMUN PID.SUS No. 217/2015 / PN TBK) Iryanti Sagala; Syafruddin Kalo; Madiasa Ablisar; Chairul Bariah
USU LAW JOURNAL Vol 5, No 1 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT In this thesis, the author raised the issue of Law Enforcement Against the Crime of Trafficking Used Clothing Imports (Study District Court of Tanjung Balai Karimun No. 107 / Pid.Sus / 2014 / PN Tbk and the District Court's Decision No. 217 Tanjung Balai Karimun Pid.Sus / 2015 / PN Tbk). The theme selection triggered by the smuggling of used clothing was banned by the government, because it hurt the government in terms of revenue in the country, especially the loss of state revenues from customs duties and other charges which should have been received by the Director General of Customs and Excise. There are several options related to the crime of smuggling of used clothing, namely Law No. 17 of 2006 on the Amendment of Act No. 10 of 1995 on Customs, Trade Minister Regulation No. 51 / M-DAG / PER / 7/2015 on Prohibition of Import Used clothing, Trade Minister Regulation No. 54 / M-DAG / PER / 10/2009 on General provisions field of imports, and the Minister of Industry and Trade No. 642 / MPP / Kep / 9/2002 on the amendment Annex I to the Decree of the Minister of Industry and Trade No. 230 / MPP / Kep / 7/1997 on goods set import trade system. The author of this paper uses normative juridical method to approach law (statute approach) and the approach of the case (case approach). By using the above study, the authors obtained the answers to existing problems that the District Court of Tanjung Balai Karimun No. 107 / Pid.Sus / 2014 / PN Tbk and District Court of Tanjung Balai Karimun Pid.Sus No. 217/2015 / PN Tbk same -Same subject to criminal Article 102 (a) of Law No. 17 of 2016, with the sound: every person transporting imported goods that are not listed in Article 7A paragraph (2) had been convicted of smuggling in the field of import by sanctions imprisonment of a minimum of 1 (one ) years imprisonment and a maximum of 10 (ten) years and fined at least Rp. 50.000.000, - (fifty million rupiah) and Rp. 5,000,000,000, - (five billion rupiah). But these two cases different sanctions imposed. The difference of the decision can be caused due to lack of unanimity view of the judges in assessing a case the same or equivalent. In addition the maximum limit and the minimum limit given discretion to judges to convict may also cause differences in punishment. Keywords: Crime of Smuggling, Used Clothing Imports
KEBIJAKAN KRIMINAL PENANGGULANGAN CYBER BULLYING TERHADAP ANAK SEBAGAI KORBAN Wenggedes Frensh Frensh; Syafruddin Kalo; Mahmud Mulyadi; Chairul Bariah
USU LAW JOURNAL Vol 5, No 2 (2017)
Publisher : Universitas Sumatera Utara

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ABSTRACT The result of this study shows that the present indonesia criminal policy dealing with cyber bullying either the penal policy or the non penal policy, they both can be used to prevent the act of cyber bullying. From the penal side, indonesia government uses criminal code and Law No. 11/2011 Information and electronic transactions  to prevent the act of cyber bullying. From the non penal side, government has done the cultural approach, moral and education approach, scientific approach and technology prevention. The future criminal policy in handling all act of cyber bullying in indonesia needs improvement and change. From the future penal side, there should be connectivity in the main criminal law system between criminal code and other constitutions besaide criminal code. The concept of criminal code needs to be validated by considering the comparative aspects towards the constitutions among other countries dealing with cyber bullying. From the future non penal side, there should be more moral approach/education, technology prevention, global approach (international cooperation), government role, media role and media of journalism role.   Keywords : Criminal Policy, Prevention, Cyber Bullying, Children, Victim
Co-Authors Abdurrahman Harit’s Ketaren Abul Khair Afrizal Chair Nawar Agung Anugrah Lubis Ahmad Fakhri Salman Aldi Pramana Alvi Syahrin Alwan Alwan Andreas Malau Awlia Sofwan Lubis Azwarman Azwarman Bayu Putra Samara Berutu, Debby Pristy Bismar Nasution Bobby Kurniawan BUDIMAN GINTING Butarbutar, Amudi H. Chairul Bariah Chairul Bariah christian damero Cynthia Wirawan Danang Dermawan Daniel Marunduri Debora Tampubolon Dedi Harianto Desy Kartika Caronina Sitepu Devy Iryanthy Hasibuan Dimas B. Samuel Simanjuntak Dosma Pandapotan Edi Yunara Edy Ikhsan Edy Ikhsan Edy Wijaya Karo Karo Edy Yunara Ekaputra, Mohammad Elyna Simanjuntak Eva Syahfitri Nasution, Eva Syahfitri Fadli Imam Syahputra Harahap Fahri Rahmadhani Faisal Akbar Nasution Faisal Salim Putra Ritonga Fajar Rudi Manurung Fhytta Imelda Sipayung Fifi Febiola Damanik FREDRIGK ROGATE Gerry Anderson Gultom Giovani Giovani Harefa, Farid Arby Hartono Hartono Hasballah Thaib Hasim Purba Hasyim Purba Hendi Setiawan Heni Widiyani Hidayat Bastanta Sitepu Ibrahim Ali Idha Aprilyana Sembiring Iman Azahari Ginting Immanuel P Simamora INDRA PERMANA RAJA GUKGUK Irene Putri Kartikasari Siregar Irham Parlin Lubis Irianto Irianto Irma Hayati Nasution Iryanti Sagala Iwan Simbolon Iwan Wahyu Pujiarto Iwan Wahyu Pujiarto Jelly Leviza Jenggel Nainggolan Jerry Thomas Johannes Hutapea Joko Pranata Situmeang Juangga Saputra Julieta Santi Simorangkir Keizerina Devi Khairul Imam Kristian Hutasoit Lamtiur Imelda P Nababan Lubis, M. Yamin M Ekaputra M Ekaputra M Hamdani M. Arie Wahyudi M. Hamdan M. Hamdan, M. M. Harris Sofian Hasibuan M.Ekaputra M.Ekaputra Madiasa Ablisar Madiasa Ablisar Madiasa Ablisar Madiasa Madiasa Madiasar Ablisar Mahmud Mulyadi MAHMUL SIREGAR Mahmul Siregar Maria Kaban Marlina Marlina Marlina Marlina, Marlina Martina Indah Amalia Mathilda Chrystina Katarina MILYADRI GAGAH Mirza Nasution Mohammad Eka Putra Muhammad Andi Dirgantara Muhammad Azhali Siregar Muhammad Eka Putra Muhammad Ekaputra Muhammad Hamdan Muhammad Hatta Rachmadi Saman Muhammad Hykna Kurniawan Lubis Muhammad Ilham Muhammad Iqbal Lubis Muhammad Iqbal Rozi Muhammad Ricky Rivai Muhammad Yamin Lubis, Muhammad Yamin NAZMA HUSNA Nixson Nixson Nurmala Nurmala Nurmala Nurmala Nurmala wati Nurmala Waty Parlindungan Twenti Saragih Putra Ananta S Putri Rumondang Siagian Rachel Hutabarat Rafiqoh lubis Randa Morgan Tarigan Ranu Wijaya Rapiqoh Lubis Rendra Alfonso Sitorus Ria Ekawardani Rizka Zahra Kemalasari Rizki Syahbana Amin Harahap Roland Tampubolon Rosnidar Sembiring Rozhi Ananda Sitepu Rudi Haposan Siahaan Rudy Haposan Siahaan Rumia R.A.C Lumbanraja Runtung Runtung Saddam Hussein Saddam Yafizham Lubis Sahat Lumban Gaol Samuel Marpaung SAMUEL PEBRIANTO MARPAUNG PEBRIANTO Sandi Halim Sarimonang B Sinaga Secsio Jimec Nainggolan Septia Maulid Simada, Arthur Siregar, Khoiruddin Manahan Siregar, Mangantar Anugrah Sofwan Tambunan Sudiro Basana Suhaidi Suhaidi Suhaidi Suhaidi Sunarmi Sunarmi Sumanrmi Sunarmi, Sunarmi Suranta Ramses Tarigan Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Sutiarnoto Swandhana Pradipta Syafruddin Sulung Hasibuan Syah kinara Tan Kamello TANTRA KHAIRUL Tiffany, Tiffany Timbul TM Aritonang Togi Sihite Tunggul Yohannes Utary Maharani Barus Utary Maharany Barus Victor Ziliwu Wenggedes Frensh Wilson Bugner Pasaribu Yetti Q.H. Simamora Yowa Abardani Lauta Yudhistira, Eko Yusuf Hanafi Pasaribu Zaid Alfauza Marpaung