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TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENIPUAN (STUDI KASUS PERKARA NOMOR. 153/PID.B/2013/PN.BKN) Haposan, Indra; Lestari, Rika; ', Erdiansyah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Abstract

Law is actually formed and applied as a means to provide protection to everyone equitably. One example of crime that are rampant fraud is a criminal offense with a variety of modes. Criminal cases of fraud committed by the defendant named Lukman DT Hero Member with fraud crimes mode of sale of land belonging to another person completely unknown to the owner of the land (Tini). Defendant together with SIJAS (DPO) to cooperate to sell land belonging to Tini of 8.5 hectares with a sales value of Rp. 323 668 800 (Three hundred and twenty-three million six hundred sixty-six-eight thousand eight hundred dollars) purchased by Heri (witness). The defendant in the crime action together with the power of attorney SIJAS making false sales engineering and false SKGR letter, so Heri believe that the letter is original from the landowner (Tini)In this study the authors, set the following principal problems of proving the crime of fraud in the case number 153 / Pid.B / 2013 / PN.BKN? and legal considerations judges How to criminal fraud in the case number 153 / Pid.B / 2013 / PN.BKN.In this writing, when viewed from the type of research that is classified as a normative legal research is research that is done by examining the law library materials related to the problem, whereas if seen from the nature of this research is descriptive research that explains in clear form sentences and detailed. From the research Evidence of criminal fraud in the sale of land case number 153 / Pid.B / 2013 / PN.BKN conducted with respect to evidence presented at the hearing conducted by the Public Prosecutor to present some witnesses as many as three (3 ) witnesses, documentary evidence and the testimony of the defendant who testified that the defendant has committed the crime of fraudulent sale of land belonging to someone else. While the comparison verdict against perpetrators of fraud in some cases, according to the author of the judge make a decision only as a punishment to the perpetrators who commit the offense is not to provide a deterrent effect both for the perpetrators and to those who want to commit criminal acts of fraud and selling land the.Keywords: Overview Yuridis- Crime-Fraud
ANALISIS YURIDIS P ELAKSANAAN PUTUSAN PENGADILAN AGAMA PEKANBARU TERHADAP PEMBAYARAN NAFKAH ANAK AKIBAT PERCERAIAN Tanjung, Hardina; Lestari, Rika; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Commensurate with the nature of nature, humans from birth to death to livetogether with another man, or man can not live alone, apart from other human groups.Marriage is an inner and outer bond between a man and a woman who has grown upunder the provisions of the applicable legislation and is eternal and immutable towarddomestic life happy and prosperous. The verdict is the dissolution of marriage that hasbeen fostered by the couple, which is due to several things, such as death, divorce, andthe court's decision. Different partner Al Zuhri and Indrawati, the reason for divorce isbased on the decision of divorce conducted in Pekanbaru religious courts with casenumber, No. 1182 / Pdt.G / 2015 / PA.Pbr with their chronology in the family is not inharmony again because of the people to 3 and environmental factors that lead to quarrelsand disputes continuously so that between husband and wife can not retain the integrityof the family as a reason for divorce Based on the above, the writer wanted to know Howare basic considerations judge in Pekanbaru Religious Court decision against thepayment of a living child of divorce Number: 1182 / Pdt.G / 2015 / PA.Pbr and IsReligion Court decision limiting factor Pekanbaru against payment of a living child ofdivorce and What efforts if Pekanbaru Religious Court decision against the payment of aliving child of divorce is not implementedThis type of research if viewed from the angle of its kind, this research can beclassified in social legal research. Social legal research is the author directly involveddoing research on the location or place of study, the data source used primary legalmaterials, legal materials secondary and tertiary legal materials, techniques of thisresearch with the study interviews and a literature review.From the results of this research and analysis of the author based on theprinciple of legal certainty in mind first, the reasons for the decision in case No. 1182 /Pdt.G / 2015 / PA.Pbr not in accordance with the basic laws and regulations are basedon Article 39 of the Marriage Act No. 1 of 1974, anyone can file a lawsuit on thegrounds: one party committed adultery or an alcoholic, junkie, gamblers, etc. are difficultdisembukhan, one party leaving the other party for two (2) consecutive years without theconsent of others and without a valid reason or because of other things beyond hisability, one party gets a prison sentence of 5 (five) years or severe punishment after themarriage took place.Keywords: Decision, Livelihoods Giving Children, Divorce
JAMINAN SOSIAL TENAGA KERJA KONTRAK PADA PT.DUTAPALMA NUSANTARA Maulini, Dhinda Rielna; Lestari, Rika; Hasanah, Ulfia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Labor is the source of foreign exchange for the State of Indonesia, one of its functions is to national development. Development of human resources is one part that is integral to national development. Labor contract, permanent and non-permanent employees have the same rights and obligations, particularly in terms of providing social security. The labor contract workers and casual workers should be given significant protection in both the health insurance and economic security, so as to increase productivity in the place he works. One form of such protection is the Social Security Agency is set in Act No. 24 of 2011 of the Social Security Agency.PT.Dutapalma archipelago is one company that also runs the program. To determine the program implementation BPJS for Labor Contract at. Dutapalma Nusantara, the author intends to do the research. The formulation of the problem, namely: (1) Determine the implementation of Social Security Workers of the labor contract at PT. Dutapalma Nusantara Pekanbaru (2) Knowing the obstacles in the implementation of Social Security Workers of the labor contract at PT. Dutapalma Nusantara Pekanbaru (3) Knowing efforts to overcome obstacles to implementation of Social Security Workers of the labor contract at PT. Dutapalma Nusantara Pekanbaru. The purpose of this research is: (1) To explain how the implementation of social security programs for workers PT.Dutapalma contract archipelago in Pekanbaru (2) To determine the obstacles in the implementation of social security programs for workers PT.Dutapalma contract archipelago in Pekanbaru ( 3) to know the efforts to overcome obstacles in the implementation of social security programs for workers PT.Dutapalma contract archipelago in Pekanbaru.This study took Locations in PT.Dutapalma archipelago in Pekanbaru with the methods used in evaluating and sampling is descriptive method, that describe or depict the full facts of the object studied, analyzed and interpreted in order to be concluded. This research is sociological, materials research conducted by surveying the field to make observations and interview data collection tools, questionnaires, and literature review.From the results of this penelitiaan concluded that the procedure of membership BPJS against labor contract is in accordance with the PT.Dutapalma Nusantara has not been regulated in Law No. 24 of 2011 concerning Social Security Agency. Because in running the program BPJS injustice given by the company to the labor contract. Completion of this problem by registering all workers without any discrimination against contract labor.Keywords: -Contract Labour - Social Security Agency
PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP PEKERJA HARIAN LEPAS PADA CV. RATIH MANDIRI PERKASA CABANG UJUNGBATU Fitria, Nova; Lestari, Rika; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Development is a matter that is indispensable for a country, especially fordeveloping countries. Development in the field of manpower and transmigration isessentially directed at the program and the empowerment of manpower andtransmigration competent, independent, high work ethic, welfare, and vibrantpartnerships as well as protection of rights as a whole. Implementation of the protectionof labor, the government has set regulations concerning employment,in Indonesia in theregulations of Law No. 13 Year 2003 on Employment (hereinafter referred Labor Law)and the Ministry of Manpower and Transmigration Republic of Indonesia Number:Kep.100 / Men / VI / 2004 provisions on Implementation of Work Agreement certain time(hereinafter Decree 100/2004).Based on the above background, the writer wanted knowing What rights andobligations of non-permanent employees at CV. Ratih Mandiri Perkasa BranchUjungbatu and What are the barriers faced by CV. Ratih Mandiri Perkasa UjungbatuBranch in the implementation of legal protection against non-permanent employees. Thistype of research is classified in socio legal research, research in this wear propertiesusing the description the method of research that seeks to describe and interpret theobject in accordance with what is, with the aim of describing systematically, facts andcharacteristics of the object under study as appropriate. This research was conducted inCV Ratih Mandiri Perkasa Ujungbatu, the data used is primary data, secondary data,and the data and the tertiary data collecting techniques results with interviews,questionnaires and a literature review.From the results, it can be concluded that, first the rights and obligations of nonpermanentemployees at CV. Ratih Mandiri Perkasa Branch Ujungbatu not performingwell, because the rights that should be accepted by the workers was not obtained aswages in accordance with the district minimum wage, lack of social security for nonpermanentemployees and the obligations should workers do also not implementedbecause many non-permanent employees come to work not on time. Second, barriersfaced by CV. Ratih Mandiri Perkasa Ujungbatu Branch in the implementation of legalprotection against non-permanent employees is lack of awareness CV. Ratih MandiriPerkasa legal protections of workers and the governments that Weak supervision of themanpower and transmigration and the absence of confirmation osanctions.Keywords: Legal protection, Casual workers off, rights and obligations
PELAKSANAAN PERJANJIAN KERJASAMA DENGAN SISTEM BAGI HASIL WARUNG COBEK DAN GOPEK DI KOTA PEKANBARU Salsabilla, Syafira; Lestari, Rika; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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Cooperation is an agreement where a person first binds himself with another party according to the will of each of the parties. the agreement is valid as a law, then this is in accordance with Article 1338 of the Civil Code paragraph (1), namely all agreements made legally valid as law for those who make them. Warung Cobek and Gopek are one of the typical culinary businesses that offer a variety of food and drink menus, especially foods with spicy characteristics. In this writing the author focuses on the Cooperation Agreement between the owner of the Warung Cobek and Gopek with the owner of the capital. The purpose of writing this thesis: First, to find out the implementation of the cooperation agreement with the profit-sharing system for the Cobek and Gopek stalls in Pekanbaru City. Second, to determine the implementation of the principle of good faith in the implementation of the cooperation agreement with the profit-sharing system for the Cobek and Gopek stalls in Pekanbaru City. The author conducts research with sociological legal research methods, namely research conducted by conducting legal identification of how the effectiveness of law enforcement applies in society. This research is classified in the type of sociological research, because it directly conducts research on the location or point being examined to provide a complete and clear picture of the problem being examined. This research was conducted at Warung Cobek and Gopek and PT. Hensa Wisata Pekanbaru City, while the sample population was all parties related to the problems studied in this study, the data sources used, primary and secondary data, data collection techniques in this study by interviews, literature review, and data analysis. From the results of the study, there are three main things that can be concluded: First, the implementation of a cooperation agreement with a profit sharing system for Cobek and Gopek stalls in Pekanbaru City. Second, the implementation of the principle of good faith in the implementation of the cooperation agreement with the profit-sharing system for the Cobek and Gopek stalls in Pekanbaru City. The author's suggestion, in this study, is that the first party as the owner of the Warung Cobek and Gopek culinary business must fulfill achievements in the form of paying off debts to the second party as the owner of capital. This is done in order to achieve the main purpose of making an agreement. The agreement must be mutually beneficial to the parties. If the repayment of the debt does not go smoothly, then it does not heed an agreement because it is detrimental to one of the parties. With this good faith, it can make a problem that started off complicated become a little lighter because of the good faith or honesty, humility carried out by the first party. Good faith in paying off debts that should not have passed the time limit for the umpteenth time that has been determined after the relief or extension of time given by the second party.Keywords: Agreement – Cooperation
Perbandingan Penyelesaian Sengketa Perceraian Secara Mediasi di Pengadilan dan di Luar Pengadilan di Kabupaten Kampar Rika Lestari
Jurnal Hukum IUS QUIA IUSTUM Vol. 21 No. 2: April 2014
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol21.iss2.art8

Abstract

The problems studied in this research were: first, how is a divorce settlement through mediation in Religious Court of Bangkinang, Kampar Regency? Second, how is a divorce settlement through mediation outside the court of Kampar Regency? Third, what are the advantages and disadvantages of a divorce settlement through mediation outside and inside the court of Kampar Regency? The method used in this study was juridical sociological. The result concluded that first, the divorce settlement through mediation in Religious Court of Bangkinang had not yet optimally conducted. Second, the divorce settlement through mediation outside the court of Kampar Regency might take place due to good emotional bound between the parties in dispute and the mediators. Third, the advantages of the mediation process in divorce settlement in the court of Kampar Regency were confidential, low cost, and the existence of family spirit. Meanwhile, the disadvantages were the embarassment to the older members of the family and the indirect way of problem solving in which the elders dominantly put their opinions more than the parties in dispute. Moreover, the schedule to meet was uncertain because it needed to be synchronized to the schedules of the elders of each party in dispute. Also, there was no sytematic recording since it was usually conducted verbally.
Kajian Hak Ulayat Di Kabupaten Kampar Dalam Perspektif Peraturan Perundang-Undangan Dan Hukum Adat Rika Lestari; Djoko Sukisno
Jurnal Hukum IUS QUIA IUSTUM Vol. 28 No. 1: JANUARI 2021
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol28.iss1.art5

Abstract

The existence of ulayat land rights for adat law communities in Kampar Regency is recognized in customary law across generations based on Adat Jati Andiko Nan 44. Development of ulayat land rights arrangements has shifted because they are regulated based on adat law and statutory regulations. The purpose of this research is to examine the recognition and protection of ulayat land rights based on the prevailing laws and regulations and based on adat law. This research method is normative empirical, the data sources are primary data and secondary data and analyzed descriptively qualitatively. The results of the research conclude that the recognition and protection of the ulayat land rights of the adat law community as contained in the statutory regulations have not been able to provide legal protection because the legal politics of recognizing ulayat land rights are still half-hearted, false and ambivalent. Therefore, efforts are needed to rebuild the legal politics of state recognition and protection of ulayat land rights of the adat law communities in the statutory regulations. It is necessary to revise the Kampar Regency Regional Regulation on Ulayat Rights by adopting the values of the Adat Jati Andiko Nan 44 as a law that lives, grows and develops in the adat law communities in Kampar Regency.
Analisis Tingkat Kebisingan Akibat Aktivitas Transportasi Di Pasar Sukaramai Kota Pekanbaru Rika Lestari; Aryo Sasmita; Ivnaini Andesgur
Jurnal Online Mahasiswa (JOM) Bidang Teknik dan Sains Vol 6 (2019): Edisi 2 Juli s/d Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Teknik dan Sains

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The increase in vehicle ownership causes transportation activities to increaase. The tendency to increase the number of motorized vehicles operating, will add to the burden of traffic one example is the increase in noise intensity. This study aims to map the pattern of noise distribution and to determine the level of noise that occurs in Jenderal Sudirman street Pekanbaru city by taking data in the form of noise data and several other traffic variables such as vehicle volume and speed. This research was conducted using a Sound Level Meter (SLM) and with a noise mapping method for 2 days, namely on Monday which represents peak hours and Saturdays which represent vehicle quiet hours. The results showed that from 180 measurement points the highest noise level was 97.9 dB which was a point with high traffic volume and the lowest noise level was 68.4 dB which had low traffic volume. Comparison of noise level with KepmenLH No.48 / MENLH / 11/1996 quality standard results obtained 4 points in the Sukaramai Market. Noise mapping using the ArcGis 10.3 software program.From this study it can also be concluded that the greater the volume of the vehicle, the vehicle speed will be lower so as to produce a high noise level, and vice versa so that the volume of the vehicle is directly proportional to the noise level, while the vehicle speed is inversely proportional to the noise levelKeywords: Noise, Traffic, Jenderal Sudirman Street
FUNGSI SERIKAT BURUH DALAM MENYELESAIKAN PERSELISIHAN HUBUNGAN KERJA TERKAIT PESANGON PEKERJA PADA T. INDAH LOGISTIK Khairun Nisa; Rika Lestari; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Trade union is an organization formed of, by, and for workers / laborers, both in the Company and outside the Company, which is free, open, independent, democratic, and responsible to fight, defend, and protect the rights and interests of workers / laborers and to improve the welfare of workers / laborers and their families. In the case of not maximal function Prosperity Trade Union Federation in resolving the dispute with PT. Indah logistics related to labor relations disputes related to severance of workers which led to the dispute becomes protracted.The purpose of this research is to know how the function of trade unions in resolving labor disputes related to severance of workers at PT. Indah logistics, to determine the resistance of trade unions in resolving labor disputes related to severance of workers at PT. Indah Logistics, to know how the efforts made by trade unions to overcome obstacles in resolving labor disputes related to severance of workers at PT. Indah Logistics.Keywords: Trade Unions - Termination – Severance
PERLINDUNGAN KESELAMATAN KERJA TERHADAP PEKERJA TEKNISI DI PT. ZI VISION PANGKALAN KERINCI Willy Ponco; Rika Lestari; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Health and Safety (K3) is a program created for the workers / laborers and businessmen as prevention (preventive) if onset occupational accidents and diseases caused by working relationships within the work environment by identifying them on things that berpontensi cause of occupational accidents and diseases as a result of the relationship employment and anticipatory measures in case of such. It should be noted that the idea of the Occupational Health and Safety (K3) has existed since 20 years ago, but until now there are workers / laborers and companies who do not understand the correlation Occupational Health and Safety (K3) with an increase in the company's performance, do not even know the rules The.The purpose of this study to find out why the technician in PT. Zi Vision does not use personal protective equipment in accordance with the Regulation of the Minister of Manpower and Transmigration Republic of Indonesia Number per.08 / Men / VII / 2010. And to identify barriers and what is being done PT. Zi Vision in implementing the use of Personal Protective Equipment (PPE) against workers technicians.In this study, the authors use the method of sociological approach is done by conducting research directly in the field with the aim of collecting data that an interviews and a literature review were then referred to as primary data. Then analyzed and compared with the existing regulations.Based on the results of the study can be drawn a conclusion that the technicians who do not use personal protective equipment in because of the discomfort of workers while using personal protective equipment when working, is clear that the workforce has violated the rules - the rules that exist, such as the Minister of Manpower and Transmigration No. 8 / MEN / VII / 2010 and Law No. 1 of 1970 About Safety.Key words: Safety and Health at Work - Personal Protective Equipment
Co-Authors ', Erdiansyah , Dasrol A Djoko Lesmono Ajeng Sakti Wulandari, Binka Akmal, Zainul Alivia Yusuf, Wan Puji Amaliah, R Amrulloh, Muhammad Fawaz Anak Agung Istri Sri Wiadnyani Andesgur, Ivnanaini Andi Saparuddin Nur Andy Yusfany ANGGA KURNIAWAN A.P Aryo Sasmita Asrul Ariadi Astria, Rini Ayunda Pratiwi, Venni BILL CLINTON Bistamam ' Chandra, Bobby Cut Tita Rendriana Darma, Shabrina Rika Darmo, Darmo Darnia, Meriza Elpha Deo Andika Putra S Dessy Artina Devi Wulan Tari Dinama, Mahesa Mahardika Dinnur Lutfi Diva Aurellia Djoko Sukisno Emilda Firdaus Emilia Hidayani Erdiansyah ' Fadilah, Raudhatul Fadillah, Ahmad Fajri, M. Nur Fathur Rohmah, Hajar Nur FATTIAH NAMIROH Febiola Utami Putri Fhatya Amanda Lubis Fitri Eriyanti Fitri Nuraeni Fitriani, Ajeng Ayu Fuad Muhammad Abdul Salam Rasyad Gaol, Renny Renovawaty Lumban Hafiiz Adri Junyes Haga Ray Prananta Tarigan HANDIKO PRASETIO SITUMORANG HANDY SANNY Hapsi, Ellian Fadly Helvicha Ressy Hengki Firmanda Heri Nugraha Herlini Puspika Sari Hidayat , Tengku Arif Husna, Irdatul Husni Ependi Djamaris Iga Arsita Ihsan, Hilmi Muhammad Ikhsan ' Ikhsanudin Ikhsanudin Ilham Ilham Indra Haposan Indradewa, Rhian Indriani Indriani Ismail, Genta Awaludin Italia, Italia Ivanov, Irsandi Ivnaini Andesgur Jeckon Franki Hutabarat Juanda Juandre, Soja Jusri Kholly, Ervitha Nur Khorunnisa Siregar Krismo Apriyadi Kurniawan, Wahyu Andreyas Laksono Trisnantoro Lamtiar Silaban Lisdiana Lisdiana M. AKBAR SATYA F M. N. Julnafid M. Rafi Mardalena Hanifah Maryam Khairunnisa Maryati Bachtiar Maulini, Dhinda Rielna Mexsasai Indra Mia Rosdiana Mukhlis R Mulkan Iskandar Nasution Mutiara Citra Nadia, Fiska Nicolas Hutabarat Nova Fitria, Nova NOVRIDA FAUZIYAH NASUTION Nurahim Rasudin Nurfitria Tsani, Nia Nurul Auliya Omardani, Guslan Pascadinianti, Meidana Pitri Aisyah Pramita Utami, Pramita Puspasari, Fitri Putra, Riko Sandra Qoriah, Kysti Rahayu, Ayu Sri Rahmad Hendra Rahman, Azril Januar Rahmat GM Manik Rahmat Sentosa Daeli Rezkie Prajwalita Riska Fitriani Rizqah Zikrillah Aulia, Rizqah Zikrillah Rukmana, Hermi Sabila, Muthi’ah Sabrena Sukma Sahati, Sahati Sahla, Raja Nabilla Marshanda Sebastian, Yuda Separen, Separen Setia Putra Setia Putra, Setia Shidiq, Rifky Muhammad Sholihatt, Kikie Simanjuntak, Herlina Simbolon, Veronika YuniAmelia Sinabariba, Yan Weilly Parsaoran Sinaga, Theresia Singgih Bektiarso Siti Rafika Ilhami Srimawadah, Supyati Sudarso, yos Sudjito Soeparman Sulistiawati, Meisi Sunarti Puspita Sari Supaat, Dina Imam Supriyono Ginting Suryana, Zalfa Amali Syafira Salsabilla, Syafira Syaivanti, Sonia Putri Syamsiar, Syamsiar Syamsul Arifin Syarifah Aini Syarifah Alfiah Nabilah Syauqi Sepriza Tampubolon, Kristin Tanjung, Hardina Tio, Ayank Tomi Yoshua Pardede Tri Handayani Triyananda, Maulidya Ulfah, Fatimah Ulfia Hasanah Ulum, Rizki Saepul Wafi, Mahmud Hibatul Wahyu Setiawan Wan Puji Alivia Yusuf Widia Sari, Wiwin Widianingsih, Euis Willy Ponco WINDA SUSTYA Windy Purwanti, Windy Yoga Handoko Agustin Zainul Akmal Zaklylen, Arizkygo Zidane Zulfikar Jayakusuma Zulhidayat, Muhammad