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TANGGUNG JAWAB SOSIAL PERUSAHAAN (CORPORATE SOCIAL RESPONSIBILITY) DI BIDANG PERTAMBANGAN BAUKSIT PT. KERETA KENCANA BANGUN PERKASA TERHADAP LINGKUNGAN DAN MASYARAKAT KOTA TANJUNGPINANG Derry Imanda Prima; Firdaus '; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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Every company who standing and residing in Indonesia, specially company which active in mining was obliged to execute CSR pursuant to Pasal 74 ayat (1) Undang-Undang Nomor 40 Tahun 2007 Tentang Perseroan Terbatas explain that “Copartnership running it’s business activity in area and/or relate to natural resources was obliged to execute environmental and social responsibility”. Pursuant from the section, every company was obliged to budget and run CSR programs for society and environment.The CSR activity initially represent voluntary program and it was not obliged to be executed by company. This congeniality changes when government start to realize that CSR was very importance to be achieved, specially to company which active in mining. That’s happen because the mining companyis not care about society and environment in their operation area. The mining activity has destroyed the environmental and prosperity of society do not havea significant change which as commended by constitution.Theoritically, CSR begin from business ethics, where a company do not only having a legal and economic obligations to shareholders, but they also have obligation to other party (stakeholders). All of this rule is not get out of fact that the company cannot live, operated, and also obtain an advantage without stakeholders. CSR was showed the company’s caring for the importance of other party more than importance of the company itself. Company who consist to apply the CSR’s programs in their activity will obtain various advantage, one of them was the trust of stakeholders which representing a long term investment.Keywords: Corporate Social Responsibility, Environment, Society
PENERAPAN PENCORETAN (ROYA) JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN ANTARA PERSEROAN TERBATAS PEGADAIAN (PERSERO) DAN NASABAH DI KOTA PEKANBARU LOLA VITA LOKA PURBA; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Economic development requires substantial funds and to meet the needs of the fund established financing institutions that can help such large funding requirements. one of the financial institutions is that channeling funds through the pawn shops pawn system and then to help the government program to help small and medium enterprises, the pawnshops accept collateral with fidusia and based one of which is a Limited Liability Company Pawn (Persero).Fiduciary guarantee the transfer of ownership of an object on the basis of trust with the provision that transferred ownership rights object is retained by the owner, and the fiduciary must register with the registration office fiduciary and Mortgage Company Limited (Persero) branch of Pekanbaru City always register but enactment law also regulates the deletion fiduciary after customers paid off debt and Pawn party never do that. the purpose of this thesis was to determine (1) The write-off (Roya) fiduciary between Mortgage Company Limited (Persero) and customers in the city of Pekanbaru (2) the efforts made Pawn Company Limited (Persero) in addressing the problem of deletion (Roya).This study uses a kind of sociological research the correlation between law and society. This study also uses primary data, secondary data and data tertiary. From the research we concluded that in the application of the write-off (Roya) fiduciary in the financing agreement between the Company Limited Pawn (Persero) and customers in the city of Pekanbaru is not in accordance with the legislation in force despite all fiduciary registered but after debt clients paid off never do deletion (roya). In an effort to overcome the problem of the party Roya Pawn Company Limited (Persero) did not make any effort caused during this time they have never had a problem with not doing it and remain that they can re-enroll the same object even if the certificate has not been done previously deletion (Roya).Keywords: Application - Fiduciary - Roya
PERLINDUNGAN HUKUM HAK KOMUNITAS MASYARAKAT ADAT (STUDI PERLINDUNGAN RIMBA LARANGAN MASYARAKAT ADAT RUMBIO KAMPAR Dwi Mutia Sari; Firdaus '; Dasrol '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Customary law is part of the law which is derived from the customs, ie social rules that are created and maintained by the legal functionaries and intended to regulate legal relations in a society and have sanctions. The 1945 Constitution of Indonesia concerning on customary law has stipulated in Article 18B paragraph (2), the article states that "The State recognises and respects traditional communities along with their traditional customary rights as long as these remain in existence and are in accordance with the societal development and the principles of the Unitary State of the Republic of Indonesia, and shall be regulated by law". Besides of being protected in the constitution, protection of the rights of indigenous peoples is also regulated in several laws. Rimba larangan is the source of life for the Rumbio indigenous people, and its utilization is done hereditary. The existence of customary forests determines the social economy of the Rumbio community. Recognition is the basic fundamental needed by indigenous peoples to secure the rights of indigenous peoples. The purposes of the author of this thesis, namely: First, To find out why the Rimba Larangan as the rights of Rumbio indigenous peoples not get the recognition from the state. Secondly, to know the mechanism of protecting the rights of indigenous peoples of Rumbio towards Rimba Larangan. Thirdly, to know the efforts to be made so that the rights of indigenous peoples of Rumbio to the Rimba Larangan gain recognition from the state. This type of research can be classified in the type of sociological research, because in this study the authors directly conduct research on the location or place studied in order to provide a comprehensive and clear picture of the problem. This research conducted at Rimba Larangan Adat Rumbio Kampar Regency, while population and sample are all parties related to the problem studied in this research. The source of data using primary data, secondary data, and tertiary data. In addition, the methods of data collection in this research are by questioning through questioner, interviewing and literature studies. From the result of the research, it can be concluded that, there is a dissonance and no harmonization of the Law and Regulation related to the definition of customary forest and indigenous people, The Government considered less attention to the aspirations of indigenous peoples related to the recognition of indigenous peoples' rights toward Rimba Larangan also have to form the cooperation between indigenous and the government in terms of recognition and protection of the rights of indigenous communities. Suggestions to be given are that indigenous peoples should filed a petition in accordance with procedures which has regulated by the law and Government as a bridge to realize the aspirations of the community should provide socialization and knowledge of the Legislation Regulation related to the rights of indigenous peoples. Keywords: Legal Protection - Community Rights - Indigenous Peoples - Rimba Larangan
PELAKSANAAN PEMBAGIAN WARIS ADAT MINANGKABAU DI NAGARI BIARO GADANG KECAMATAN AMPEK ANGKEK KABUPATEN AGAM PROPINSI SUMATERA BARAT Thannisa Dwi Syafitri; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Indonesian society is a pluralistic society, because Indonesian people themselves made up of various tribes, and each tribe is governed by the law of their customs. This occurs also in the law of inheritance that has diversity, one of which is applied to the area of inheritance West Sumatra embrace traditional Minangkabau. Treasure pusako in minangkabau pusako property is two high and low pusako treasure. In general, treasure pusako reduced in accordance with the lineage of women and high pusako property can not be divided or sold. But there is one village that deviate from customary provisions minang in general in this village there are several high pusako land that has been sold and divided families magnitude adapted to Islamic law. Nagari which adopts a different inheritance of indigenous applied Minang people in general are Nagari Biaro. I researched this research establishes key issues, namely First, What is the procedure customary division of inheritance in Minangkabau in Nagari Biaro Gadang Kecamatan Ampek Angkek Agam District of West Sumatra Province? Second, why there are differences in the division of inheritance in Minangkabau customary in Nagari Biaro Gadang Kecamatan Ampek Angkek Agam District of West Sumatra Province with indigenous Minangkabau in general? The method used in this research from the standpoint of its kind classified into types of research Sociological Empirical namely Research To determine the effectiveness of the Law, while from the point of its nature, this research is descriptive, the intention is to describe the complete and detailed on the Implementation Division of Waris Adat Minangkabau Nagari Biaro Gadang Kecamatan Ampek Angkek Agam District of West Sumatra province. The conclusions in this study is the first, pusako high in villages Biaro Gadang held ownership rights by boys of the descendants of the mother, it is inversely proportional to the provisions actually in indigenous Minangkabau namely pusako height should be collective or can not be divided and proprietary rights held by the daughter of the maternal lineage. Secondly, a difference that occurs is due to the strong influence of Islam and which local indigenous communities are predominantly Islamic, other factors also due to the protests of the sons of the people that are judging the division of inheritance customs was unfair, and the extinction of offspring women who sasuku saparuik and sapayuang. Keywords: Customary Law - Inheritance Law – Minangkabau Custom - Distribution of Inheritance
PELAKSANAAN HAK KESELAMATAN DAN KESEHATAN KERJA KARYAWAN PABRIK KELAPA SAWIT PT. PERKEBUNAN NUSANTARA V SEI GARO DI KABUPATEN KAMPAR BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN Arif Chandra Saragih; Firdaus '; Rahmad Hendra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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Workers are the sole responsibility of the company. Entrepreneurs are people who run the company, which is managing the company, better manage yourself, manage or through another person or the help of others, and employers may be an individual or legal entity. Safety is a program created for the workers / laborers and employers in an effort to prevent the occurrence of occupational accidents and diseases caused by working relations in the work environment by identifying the things that potentially cause accidents. The high number of accidents showed adequate management of the company in the implementation of the safety and health of workers. So, to reduce the number of accidents, it is considered very necessary to have legal protection against any employee or employment under the legislation. Especially employees working in the factory and factory workers who work at night are certainly at risk of work accidents is higher and nutrient intake or pudding is better than the employees who work in the office and other field.This type of research can be classified in this type of sociological juridical research, because this research author directly conduct research on the location or point examined in order to provide a complete and clear picture of the issues examined. This research was conducted at PT. Perkebunan Nusantara V Sei Garo Kampar, while the sample population is a whole party with regard to the problems examined, the data source used, primary data, secondary data and data tertiary, data collection techniques in this study with interviews and literature study.From the research of this problem has three main things that can be inferred. First, the implementation of occupational safety and health of employees mills in PT. Perkebunan Nusantara V Sei Garo has not done well and have not been efficient. Second, obstacles to the implementation of the safety of employees mills in PT. Perkebunan Nusantara V Sei Garo is the lack of human resources, lack of personal protective equipment, work locations that are less clean and a lack of understanding and awareness of the employees themselves. Third, efforts to do that is to provide competent human resources, provide personal protective equipment, maintain the cleanliness of the work site and provide extra fooding.Keywords: Implementation - Safety and Health - Employee
PELAKSANAAN MEDIASI DALAM PENYELESAIAN SENGKETA PERCERAIAN OLEH BADAN PENASEHAT PEMBINAAN DAN PELESTARIAN PERKAWINAN (BP4) KOTA PEKANBARU Ardya Englando Baker; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Divorcement is a defeasance of a matrimony through a verdict or an indictment of one of thecouples in the marriage. According to the article 38 of Marriage Act that a divorcement is a“breakup of marriage”. Pekanbaru is one of the municipalities in Indonesia that has an increasingnumber of divorces. One of peaceful efforts is able to overcome a divorce case is a mediationprocess. The Board of Advisor, Coaching, and Preservation of Marriage (Badan Penasehat,Pembinaan, dan Pelestarian Perkawinan, BP4) in the city possesses tasks to handle marriageproblems where one of its duties is to protect a marriage divorce through a mediation process.However, based on the existing data, the total divorces registered in the Religious Court ofPekanbaru City is numerously and inversely proportional with the total of cases registered in theBP4 of the city. The purposes of this undergraduate thesis were (1) to seek the mediation process inovercoming the divorce disputes conducted by BP4 of Pekanbaru city, and (2) to find out ways ofthe board in order to carry out the mediation process of divorce disputes effectively.This study is able to be categorized into a sociological research due to it had been takendirectly in the research location. It was conducted in the BP4 of Pekanbaru City. Population andsamples of this research were all parties related to the observed problems. Data came from threesources, primary, secondary and tertiary. Data were collected by interviews and literature studies.This research infers two main findings. First, a mediation process in the BP4 of PekanbaruCity consists of five steps such as registration, determining mediator, call related parties, mediationtrial, and result of mediation. In implementing those steps, there are some finding obstacles namelyinternal factors likes a lack of mediator officers and a difficulty to unify both parties, and externalfactors such as an absence of mediation room and nonappearance of a special regulation inorganizing mediation process in the board. Second, efforts ought to be carried out for implementingthe mediation process in the board effectively through two ways, internally and externally.Internally, numbers of mediators have to be added and their capabilities should be upgraded.Externally, a mediation room is a must and the special acts to arrange the mediation process in theboard is highly recommended.Keywords: divorcement – BP4 – mediation
PERTANGGUNGJAWABAN PEMERINTAH TERHADAP CAGAR BIOSFER GIAM SIAK KECIL BUKIT BATU BERDASARKAN HUKUM LINGKUNGAN INTERNASIONAL Ira Gesima Sirait; Firdaus '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Biosphere Reserves are ekosisem mainland and coastal or ocean or a combination of more than one type of ecosystem, which is internationally recognized as part of the Man And Biosphere (MAB) Programme of UNESCO in accordance with the legal framework. Biosphere Giam Siak small rocks were designated as a Biosphere Reserve in the 21st Session Session Of The International Coordinating Council Of theman And the biosphere is one of 22 locations nominations proposed by 17 countries. Biosphere Giam Siak Kecil-Bukit Batu has advantages as the largest peat swamp forests, but the management and protection of the region is very poor, it is proved by the destruction of the heritage area due to human activities that have an impact on air pollution and has been designated as a national disaster. Based on the above description, the problem can be formulated as follows: First, How is the implementation of the responsibilities undertaken by the government of the region of the biosphere reserve in accordance with international environmental law? Secondly, The extent to which the government's efforts in implementing Article 9 of the Seville Strategy 1995 on the network of biosphere reserves?This type of research can be classified into types of normative juridical, namely the study of the principles contained in the International and National Law. From the research, there are two main things that can be inferred. First, the Government has taken concrete steps in order to biosphere reserves, namely the presence of Riau Governor Decree No. Kpts. 920 / V / 2010 Date of May 14, 2010 on the establishment of the Management Coordination Agency GSK-BB Biosphere Reserve. The decision contains Coordination and its partnership between the manager who has an interest. Each party involved in the management team reserves giam siak biosefer small rock hill has roles and responsibilities of different but interrelated. However, the implementation, the Government did not carry out their roles and responsibilities to the maximum so that the biosphere reserve is damaged and bad. ; Secondly, Based on the mandate of the Seville strategy, if reserves were damaged and not functioning as it should, then the government has the responsibility to perform the restoration effort, however based on the data obtained, the government did not implement the program for reserve recovery seriously and quickly. Suggestions Author, First, management of funds (trust fund) that is transparent to carry out activities Coordinating and managing the reserve It needs a special Budget allocation for the management of biosphere reserves. Second, a special team should be formed outside the biosphere reserve of the existing government institutions, so as to maximize its performance and focused. If there should be rules regarding sanctions for a team that does not perform its responsibilities.Keywords: Biosphere - Responsibility - Strategy seville
PENCEGAHAN KEJAHATAN PEOPLE SMUGGLING OLEH DIREKTORAT KEPOLISIAN PERAIRAN POLDA RIAU Petrus Lamhot; Firdaus '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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People smuggling occurred in Riau Province , this is because there are some areas in Riau waters immediately adjacent to some neighboring countries such as Malaysia, Singapore, thus becoming crossings for human smuggling. Type of this research is classified as socio-juridical research , because in this study the authors directly conduct research on the location or place under study in order to provide a complete and clear picture of the problem under study. The research problems are , among others : the first, Are the causes of the crime of people smuggling between the State , the second , and the implementation of preventive mechanisms What people smuggling by Riau Police Directorate of Water Police and Immigration Pekanbaru , third , How the efforts made Riau Police Directorate of Water Police and Immigration Pekanbaru to overcome the obstacles encountered in doing crime prevention against people smuggling. The results of the study are: first , the People smuggling sesungguhya departing from the urge to be illegal immigrants , second , mechanism and implementation of prevention Direktotorat people smuggling by Riau Police Water Police and Immigration Pekanbaru with pre entif efforts among others ; FLOAT training , do counseling or socialization , improve village sambang activities , conducting public information waters , the establishment of information networks , patrol dialogue , and the survey of the ship owner , third , efforts to overcome barriers to people smuggling crime prevention is to improve the internal factors and factors external such an act is to provide guidance , supervision , improve facilities and infrastructure in performing police duties , increase public knowledge of the immigration laws , increased surveillance against illegal port.
PERAN LEMBAGA ADAT MELAYU RIAU ROKAN HULU DALAM PROSES PENYELESAIAN SENGKETA KEBUN PERSUKUAN MELAYU TAMBUSAI KUALA MAHATO DENGAN PT. TORUSGANDA DI KABUPATEN ROKAN HULU Irma Nora; Firdaus '; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Unalienated land land use indigenous Malay Tambusai Kuala persukuan Mahato with company Torusganda began to trigger problems arising from the existence of the discrepancy of the results obtained by indigenous peoples with the contents of the cooperation agreement created by both sides. Because it cannot solve the problem at the village level to make indigenous peoples requesting assistance to Indigenous Institutions of Rokan Hulu, Riau Malay as the container to get the legal protection over customary rights. So the role of Adat Melayu Riau Rokan Hulu becomes important to review considering rules governing the functioning of the institutions of Riau Malay custom Rokan Hulu is still described in General. Indigenous institutions in this case has a great opportunity to be the place or means in resolving disputes in non litigation.Interest thesis writer namely; First, to know the role of Rokan Hulu, Riau Malay Customs in the dispute resolution process of garden persukuan Malay tambusai kuala mahato with PT. Torusganda in the Rokan Hulu; Second, to know the constraints of Riau Malay Customs Institutions of Rokan Hulu in the dispute resolution process of garden persukuan Malay tambusai kuala mahato with PT. Torusganda in the Rokan Hulu. Types of legal research that used the author is kind of juridical sociological research. A legal sociological research or empirical research, this is the type of research objectives of the law. From the results of research, there are two things which can be inferred. First, the Riau Malay Customs Institutions of Rokan Hulu does not yet have the authority to say clearly in the position of the mechanism in resolving disputes of indigenous issues. The form of seriousness in defending the interests of indigenous rights related customary land is still not published by the Government so that the position of indigenous institutions in solving plantation Malays Kuala Tambusai Mahato as just the mediator, judge and could not decide. The position of the indigenous institution still governed in General and customary institutions make extensive has not been able to resolveJOM Fakultas Hukum Volume V Edisi 2 Juli-Desember 2018 2this issue in totality. Second, Constraints that occurred in the settlement of problems of plantation persukuan Melayu Kuala Tambusai Mahato conducted by LAMR Rokan Hulu is influenced by two factors, namely the internal factors and external factors. These factors greatly affect the performance of members of the indigenous institutions in carrying out its work. So the constraint triggers the lack of existence of indigenous institutions to protect the rights of indigenous peoples recognized constitutionally.Keywords: Indigenous Institutions – Customary Land – Settlement of disputes
Pelaksanaan Tanggung Jawab Oleh PT. Pos Terhadap Pengiriman Apabila Terjadi Kerusakan atau Keterlambatan (Studi Kasus PT.Pos Cabang Pekanbaru) Irma Esterina Ginting; Firdaus '; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 1 (2018): Wisuda April 2018
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Article 31 of Law Number 38 Year 2009 on Post stipulates that Post Operator must compensate for damages suffered by postal service users due to negligence and / or errors of postal organizer. Users of late package and mail delivery services obtain legal protection provided by PT. Postal items will be processed and provide compensation allowance in accordance with the rules applicable and in accordance with the decision of the Board of Directors. If the package and the letter is damaged or not up to the service user, PT. Post will give the responsibility to users of PT.Pos service but here the postal party neglected in his responsibility. The purpose of writing this thesis, namely: First, To know How the legal protection of users of packet delivery services at PT. Pekanbaru Branch Posts, Secondly, To find out what form of accountability is given by PT.Pos Indonesia Pekanbaru Branch if there is a claim from the user of the package delivery service PT.PosThis type of research can be classified in the type of research is a type of research that is sociological research on the effectiveness of the current law.From the results of the research the problem is clear that the legal protection of users of package delivery services at PT. Pekanbaru Branch Post is because it does not run smoothly and the number of negligence made by the post that can harm the postal service users themselves. On the postal service user who sends a letter or package that does not use express service, the estimated time of mail or package is within 7 days but the package has not reached within 7 days, the package is more than 7 days and not delivered to the package address Sent. Form of accountability provided by PT.Pos Indonesia Pekanbaru Branch if there is a claim from the user of the package delivery service PT.Pos is PT.Pos liability to the damage and delay of the package has not run smoothly which should be post if there is damage to the will be Process and provide compensation benefits in accordance with applicable rules and in accordance with the decision of the Board of Directors. If the package and the letter is damaged or not up to the service user, PT. Post will give the responsibility of the shipment will be replaced the cost of delay that is: 1 ½ x postage using Price Dependency Value of Goods (HTNB) and 1 x postage that does not use the Price. Keywords : Legal Protection-Accountability- PT.Pos-User Services
Co-Authors , Dasrol Abd. Rasyid Syamsuri Adrianus Sijabat Anak Agung Istri Sri Wiadnyani Anggita Yekholia Berti Ardi Armandanu Ardya Englando Baker Arif Chandra Saragih Arisman Adnan Arista Wahyudi basori ' Bella Nabila Bukti Hasintongan Simanullang Debi Jelitman Dakhi DENNY PRANATA AJIE Derry Imanda Prima Desi Muzdalifah Dinda Febriani Ramali Dwi Mutia Sari Endah Melina Erdiansyah ' Erdianto ' Erdianto Effendi Evandre Arif Nanda Ferdian Septa Gunawan Aineka Haposan Sirait Hardi ' Hayatul Ismi Hazlan ' Iis Novia Ilham Kusuma Dhani Ilham Saputra Ira Gesima Sirait Irma Esterina Ginting Irma Nora JOHANES PASRA JAIMAN Josephine Giovana JOSUA FEBRIANTO Jumadianto ' Ledy Diana Lisca Vontya Arifin Liza Yarmanita LOLA VITA LOKA PURBA Marta Afdel Bonita Sihombing Maryati Bachtiar Mega Elysmayanti Meta Fitria Mexsasai Indra Muhammad Hendri Arba’i Muhammad Ranni Mukhlis R Neneng Karlina Nursal ' Nurul Ramadany AR Petrus Lamhot Rahman Saleh Rahmat Rian Putra Raja Hussien Arief RANA SAPUTRA Randy Prasetya Rendra Fitra Adinata Rezki Saputra Jas Ria Okta Meliana S Rian Dwiky Fernanda Rianda Maisya Ridho Kurniawan Riska Fitriani Riska Septiari Rizano ' Rudianto Hutagalung RUSMADI AKBAR Samuel Sandi Giardo Purba Saskia Pratiwi Shinta Permata Sari Sy. Khairol Olfa Syafrianto ' Syahrial Halomoan Syusnia Rahmah Tasya Anindita Thannisa Dwi Syafitri Tri Ramadhanti Try Alda Putra Ulfia Hasanah Urpi Rahma Weni Wan Elfya Delima Wedy Freddy Santoso Widia Edorita Zsa Zsa Bangun Pratama