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PROSES PENCABUTAN PENGADUAN DAN LAPORAN DALAM TINDAK PIDANA PENGANIAYAAN DI KEPOLISIAN SEKTOR XIII KOTO KAMPAR Muhammad Alpajri; Erdianto '; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Indonesia is a country that has a heterogeneous society, that society is diverse, ranging from ethnic, racial, cultural and religious. Of biodiversity, the often among society's conflict and friction. Conflict between these communities often lead to violence and even persecution. Act does not define what the true meaning of the "persecution". According to the jurisprudence, the sense of persecution is the act of intentionally causing discomfort, pain or injury. In the case of persecution of the country guarantee the right of any victim to obtain justice by filing a complaint or report to the appropriate authoritiesComplaints defined as an unequivocal statement (oral written or written) from a person who is entitled (pitted) submitted to authorities investigator or the investigation authorities (Indonesian National Police) about has committed a criminal offense by a person, accompanied by a request for examination to a subsequent done prosecution to the competent court. The report is the notification submitted by a person because of its rights or obligations under the Act to the authorities about have or are suspected to be the occurrence of events or criminal.Basically, the complaint can be withdrawn by the complainants or victims who are disadvantaged, while reports can not be withdrawn, although between the perpetrator and the victim has done for peace, as the complaint only to crimes that are complaint while reports for ordinary crimes. But often we encounter in society between the complaint and the report is considered the same thing, the same can be revoked when the victim and the perpetrator has made peace.Keywords:Withdrawal of complaints and reports - In the Police Sector XIII Koto Kampar -Persecution
TINJAUAN YURIDIS TERHADAP PENERBITAN SURAT PERINTAH PENYIDIKAN LEBIH DARI SATU KALI DALAM HUKUM ACARA PIDANA DI INDONESIA Mulki Muhammad; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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The issuance of the order to investigate more than once in the criminal procedural law in Indonesia is the background of the study. The Criminal Procedure Code as the basis for proceedings in the criminal justice system in Indonesia does not explain the issuance of investigation orders more than once. The Criminal Procedure Code only allows one to submit a pretrial to the status of the determination of him so that the law enforcement process is protracted and legal certainty is not carried out.As for the purpose of this study, first to find out the implementation on the issuance of a warrant for investigation more than once in criminal procedural law in Indonesian. Second to find out the ideal concept of issuing of a warrant for investigation more than once in criminal procedural law in Indonesian. This type of research is normative law, which examines legal principles against a legal event. This research is descriptive, that is research that seeks to provide systematic and careful facts with the characteristics of a particular population.From the results of the research, there are two things that can be concluded, first, how the implementation of the issuance of a warrant for investigation is more than once in criminal procedural law in Indonesia. Second, how is the ideal concept of issuing an order of investigation more than once in criminal procedural law in Indonesian.Keywords: Investigation Order - Criminal Procedure Code
PENERAPAN PASAL 106 UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN TERHADAP PENGGUNA SEPEDA MOTOR DI WILAYAH KECAMATAN MERBAU Desyi Cristin Natalia; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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In Indonesian law has been very clearly regulated about the behavior of traffic,but in fact today what happens in the field is not in accordance with the aspirations ofthe legislation. Based on this fact, then there are three formulation problems inwriting this thesis, ie: First How is the application of Article 106 of Law Number 22Year 2009 on Road Traffic and Transportation to Motorcycle Users in Merbau Subdistrict?,secondly how is the role of the Police in the application of Article 106 ofLaw Number 22 Year 2009 on Road Traffic and Transportation to Motorcycle Usersin Merbau District?,third, what are the obstacles in the application of Article 106 ofLaw Number 22 Year 2009 on Traffic and Road Transport in Merbau Sub-district?.The research method in this research is qualitative research method withempirical juridical approach or sociological law research. Data sources aresupported by primary and secondary data sources. Data collection techniques usedwere interviews, questionnaires and literature review. After the data collected thenanalyzed qualitatively, and draw conclusions with the deductive thinking method ofanalyzing the problem from the general shape to the special form.From the results of research and discussion it can be concluded that, with noUnitlantas in Merbau Sector Police, the Implementation of Article 106 of the Law onTraffic and Road Transport will not be in accordance with what is aspired by law,which is an important role in carrying out the task of securing traffic is the task ofUnitlantas. So far, traffic security in Merbau sub-district is handled directly by theMeranti Islands Resort Police Traffic Unit, but since access to every sub-district mustpass through the sea and the means of transportation is only speedboat, theperformance of Satlantas itself is not effective. The obstacles of law enforcement arethe lack of professional elements of the apparatus, the lack of public understandingabout the law and the lack of public awareness to comply with applicable law. Someefforts are made to overcome these obstacles by providing legal counselingconducted in first to senior high school and socializing to the general public, andimproving the police ability in the application of legislation.Keywords: Law Enforcement-Traffic-offenses
KEDUDUKAN REKAM MEDIS DALAM PEMBUKTIAN MALPRAKTIK BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN Sri Pagitnita Tarigan Sibero; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 1 (2016): Wisuda Februari 2016
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Health has a very important meaning for everyone. Health becomes something coveted by everyone. Many ways are then performed in order to stay healthy, ranging from the adoption of healthy lifestyles (as preventive measures), to go to the doctor when the disease (as a repressive). When a person's health is compromised, they will do a variety of ways to be healthy again as soon as possible. Treatment to the doctor is an option when a person (patient) suffering from a disease. The hope is that they experienced disease can be cured by the doctor. From the research results can be concluded that the position of medical records in malpractice is proving as documentary evidence as stipulated in Government Regulation No. 26 of 1960 on Oath pronunciation Doctor, Article 187 of the Criminal Procedure Code as well as evidence statements of the experts as defined in Article 186 Criminal Procedure Code. Medical records serve as one form of health care in accordance with the applicable standards in the field of health. Not made of medical records by physicians will lead to doctors could be dragged to court to account for his actions (negligence) and will get imprisonment or a fine as stipulated in Article 79 clause (b) of Law Number 29 Year 2004 regarding Medical Practice and administrative measures in the form of verbal warning, written reprimand to revoking licenses as provided for in Article 17 Regulation of the Minister of Health No. 269 of 2008.
PENGGUNAAN SARANA NON PENAL OLEH PUSAT PELAYANAN TERPADU PEMBERDAYAAN PEREMPUAN DAN ANAK PROVINSI RIAU DALAM PENCEGAHAN TINDAK PIDANA PERDAGANGAN ANAK DI BAWAH UMUR BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 ATAS PERUBAHAN UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK Dwita Puspita Sari; Erdianto '; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 2 (2017): Wisuda Oktober 2017
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Trafficking in persons, especially the trafficking of minors, has grown and globalized, its handling has received less attention in the community due to lack of socialization to the public. In Riau Province, a Government agency is formed, namely Integrated Service Center (P2TP2A). This writing in the background by the rise of various trafficking modes, especially underage girls, ranging from promised jobs, abduction of victims, debt bondage, and fraud. In addition victims are trafficked not only for the purpose of prostitution or other forms of sexual exploitation, but also include other exploits, such as forced labor or forced service, slavery or similar practices of slavery. The purpose of this essay is to know, to analyze the role of P2TP2A institution of Riau Province in preventing the crime of trafficking of underage child as commercial sex worker, to study and to know the obstacles faced by P2TP2A Institution of Riau Province and it’s effort in overcoming The crime of trafficking of minors.This type of research can be classified in the type of research Sociological Juridical, because in this study the authors directly conduct research on the location or place studied to provide a clear picture of the problem under study. This research was conducted at the Center for Integrated Service of Women and Children Empowerment (P2TP2A) Riau Province, while the population and the sample which is whole party related to the problem studied in this research, the data source used is primary data, secondary data and tertiary data, data collection techniques in this study was conducted by interview and literature review.From the research results, there are three things that can be concluded. Firstly, in addressing the problem of child trafficking which increases every year, P2TP2A Riau Province do prevention in the form of non penal effort that is disseminating to RT / RW in some Regency / City in Riau Province region. Second, the obstacles was faced by Riau Province P2TP2A institution in doing prevention (non penal) divided into internal and external obstacles. Third, the efforts made by P2TP2A Riau Province in overcoming the internal and external obstacles is by coordinating with the government and the community. The suggestions that can be given in this writing are as follows, First, the Government of Riau Province is expected to be more sensitive to the performance of P2TP2A in order to perform effectively, and support P2TP2A facilities and infrastructure. Secondly, in preventing and combating the trafficking of underage child trafficking, P2TP2A Riau Province is expected to continue to make preventive efforts such as socialization, supervision, and others.
PENEGAKAN HUKUM TERHADAP KASUS PERBUATAN MAIN HAKIM SENDIRI (EIGENRICHTING) DI WILAYAH HUKUM KEPOLISIAN SEKTOR CERENTI Rayon Syaputra; Erdianto '; Mexsasai Indra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 1 (2015): Wisuda Februari 2015
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Every Indonesian citizens were equal before the law even if someone is a perpetrator, so that legislation prohibits any act of vigilantism (eigenrichting) conducted by the public against criminals. The act of vigilantism (eigenrichting) occurs due to lack of disbelief law enforcement community will be added again weak public awareness of the law itself. Acts of vigilantism in our criminal law is not specifically regulated, but the perpetrators could use the existing provisions in the Criminal Code. Therefore it is necessary to conduct law enforcement vigilante (eigenrichting). But law enforcement against acts of vigilantism (eigenrichting) in the Police Sector jurisdiction Cerenti do not maximized.As for the purpose of this research was to determine the factors that cause people to do acts of vigilantism (eigenrichting) in the jurisdiction of the Police Sector Cerenti, then to determine the constraints on law enforcement in cases of acts of vigilantism (eigenrichting) in the jurisdiction of Police Cerenti sector, as well as to know what is being done to overcome the obstacles in law enforcement against acts of vigilantism (eigenrichting) in the jurisdiction of the Police Sector Cerenti.This study is included in the juridical sociological research that is consistent with the fact that life in society. While the nature of this research is descriptive that provides a clear and detailed picture of the problems studied. The data used is primary data obtained directly from the field, as well as secondary data derived from primary legal materials, secondary and tertiary. Means of data collection is done by interviews, questionnaires, and review of the literature. In the analyzes carried out by means of qualitative and deductive method of thinking.The result of this study is that the cause of the community vigilante acts are due to lack of public confidence terhadapa law enforcement officers, and the weak level of awareness of society itself against the law. The constraints faced by law enforcement in cases of vigilante action is due to insufficient numbers of police personnel Cerenti sector, as well as the concerns of the Police Sector Cerenti in implementing the rule of law. The efforts made to overcome such obstacles Polsek- always coordinate with the nearest police station in order to cover the amount of personnel is lacking, as well as motivation memmberikan to the apparatus to be more propesional and are not afraid to carry out their duties.Keywords: Law Enforcement - Eigenrichting - Offence
TINJAUAN YURIDIS PENGHINAAN TERHADAP PENGADILAN DALAM SISTEM PERADILAN PIDANA INDONESIA Wildan Syafitri; Erdianto '; Erdiansyah '
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 3, No 2 (2016): Wisuda Oktober 2016
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The criminal justice system is responsible for the judicial system to gain the trust of the public and the respect of society both nationally and internationally. In fact, the performance of law and law enforcement is still considered less meeting the expectations and feelings of justice. As a result, the respect and trust towards this institution was virtually no longer so admirable behavior still common and cause harassment to the court (Contempt of Court). The purpose of this is skripisi; The first to know the contempt of court in the Indonesian criminal justice system. Second, to find out the policy of criminalization contempt of court in the Indonesian criminal justice system.This type of research can be classified into types of normative legal research, research that discusses the basics of law, the legal system, the legal status of the synchronization, in this case the author discusses the general principles of law. This research was done by researching library materials or secondary data such as legislation and books written by lawyers associated with the title of the research, articles, journals and various other sources. Source of data used is secondary data sources. Secondary data were divided into three types: primary legal materials, secondary law and tertiary legal materials, data collection techniques used in this research method literature review. From the research, there are two main problems that can be inferred. First, Contempt of court (Contempt of Court) is one of the many problems affecting society for that reason the severity of claims to establish the rule of Contempt of Court systematically and individually. Second, as for the criminalization of policy constraints in Contempt of Court (Contempt of Court) is on a different system between the State of Indonesia as a follower of Civil Law, with its criminal justice system non adversary system, while in the State which adopts the Common Law system adheres adversary. Suggestions Author, First, should be made a rule that governs the actions of contempt of court (Contempt of Court) in a separate law, to be able to benchmark what should be categorized as an act of contempt of court (Contempt of Court) because during this become an obstacle for law enforcement officers in dealing with contempt of court action (contempt of court). Second, should the public as justice seekers must have a sense of justice, must heed the order in the conference to realize peace and order and expedite the trial process and hoped to law enforcement officials to be professional in their duties in order to gain certainty, justice and expediency as a theory legal purposes.Keywords: Contempt - Court - Criminal Justice System
PERANAN PERADILAN PERIKANAN DALAM KASUS PENCURIAN IKAN DI WILAYAH KEPULAUAN RIAU Tuah Kalti Takwa; Erdianto '; Lady Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 2, No 2 (2015): Wisuda Oktober 2015
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Geographical condition of Indonesia as a country that two-thirds of marine waters is composed of marine coastal seas, sea bays and straits give Indonesia the abundant riches, in terms of want to keep and preserve natural resources and biodiversity it is necessary judicial fisheries as one efforts to combat illegal fishing that occurs in the region of Riau Islands. Based on this understanding, the authors of this paper formulated the three formulation of the problem, namely: first, how the judicial role of fisheries in the theft of fish that occur in the Riau Islands? second, what are the barriers faced in overcoming the judicial fishery poaching in the Riau Islands? third, whether the efforts made by the judiciary in addressing illegal fishing fisheries that occur in the Riau Islands?The research method in this study, first, this kind of research is legal juridical sociology because in this study the authors directly conduct research on location or place ditelitit to provide complete and clear picture of the issues researched, the study was conducted in the District Court Cape nut, while the sample population was a total party related to the issues examined in this study, the data source used, primary data, secondary data, and the data tertiary data collection techniques in this study by observation, interview, and literature study.From the research, there are three main things that can be inferred. First, that Indonesia is very serious in combating illegal fishing that occur in Indonesia. by following the Law No. 45 of 2009, the Fisheries Justice in this case the judicial role of fisheries has contributed greatly to the handling of cases that continues for all cases of illegal fishing. Second, barriers encountered in the judicial role of fisheries in the case of illegal fishing in the area is Riau Islands, the lack of human resources in terms of number and quantity, the amount of which is owned by their respective regulatory agencies, are still limited means of infrastructures and budgets, yet orderly licensing that provides opportunities the occurrence of forgery permission. Third, the efforts made by the judicial fisheries in the case of illegal fishing in the Riau archipelago budget increase for supervisors and law enforcement agencies, conducted socialization to the community, the Act is to be synchronized, modernization of fishing vessels, vessel license restrictions. First author's suggestion to the court by the fisheries Act that have not been synchronized to remain steadfast in their duties, the Second to the ministry of marine fisheries and water police to be more assertive in the taskKeywords : Role - Justice Fishing - Fish Theft
Analisis Yuridis Penayangan Pemeriksaan Saksi Secara Langsung Di Media Televisi Dalam Perkara Di Pengadilan Berdasarkan Kitab Undang-Undang Hukum Acara Pidana (KUHAP) Adi Kuangga La Peruntus Sembiring Melial; Erdianto '; Ledy Diana
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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An important part of collecting evidence is the information from a witness. Based on juridical description, a witness is a way or tool which is so important to determine someone was wrong or not in a criminal case. The witness are regulated in the Book of the Code of Criminal Procedure (KUHAP) which is in article 1 number 26 KUHAP. As a one of a democratic Country, Indonesia so concern about a transparency in all sector and “witness in a court was including in this agenda. The principle of Openness was one of the implantation of the transparency Law in Indonesia . The principle of Openness states that a court can be open for public except which regulated in article 153 number 4 which the head of judge at trial shall open the trial and declare it open to the public except in a case concerned with morals or where the accused was legally summoned . But the transpiration of witness was regulated in KUHAP which one about the testimony of witness in Television. In article 185 number 4 was states that separate testimonies of several witness concerning an event or circumstance may be used as legal means of proof if such testimonies are related to one another in such a way as to confirm the occurrence of a certain event or a existence of a certain circumstance.The objectives of this research paper therefore are: first, to know the purpose of broadcasting directly the examination of witness in Television. Second, to know how the reaction from The Indonesian Law on the directly broadcasting the examination witness in Television according to the Book of the Code of Criminal Procedure (KUHAP).The type of this research can be classified in types of juridical normative research, because in this research the authors use the study material libraries like official documents, books for research, in this study, the data source using the primary data, secondary data and tertier data, data collection technique on this research is study of librarianship method or documentary studies.JOM Fakultas Hukum Volume V, Edisi 2 Juli-Desember 20182Key words : Witness, Transparency, The book of the Code of Criminal Procedure (KUHAP)
PELAKSANAAN PEMBINAAN PENDIDIKANNARAPIDANA ANAK DI LEMBAGA PEMASYARAKATAN ANAK PEKANBARU BERDASARKAN UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN WAHYU DERI ALDIS PUTRA; Erdianto '; Widia Edorita
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 4, No 1 (2017): Wisuda April 2017
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Implementation of Development of Education inmates children the Correctional Institution Grade II B Pekanbaru, aiming for as a effort and planned to create an atmosphere of learning and the learning process so that learners are actively developing the potential for him to have the spiritual power of religion, self-control, personality, intelligence, character noble and necessary skills themselves, society, nation and country. The purpose writing of this research, namely: first, the implementation of the Development of Education of children inmates at the Correctional Institution Grade II B Pekanbaru. Second, barriers to Development of Education of children inmates at the Correctional Institution Grade II B Pekanbaru. Third, efforts to overcome obstacles in the process of educational development of children inmates at the Correctional Institution Grade II B Pekanbaru.From the results of research can be concluded, first, the implementation of the Development of Education of children inmates at the Correctional Institution Grade II B Pekanbaru, aiming for as a effort and planned to create an atmosphere of learning and the learning process so that learners are actively developing her potential. Second, barriers to Development of Education of children inmates at the Correctional Institution Grade II B Pekanbaru include: lack of teachers, inadequate infrastructure, lack of cooperation with the relevant agencies, the lack of budget allocation for education. Third, efforts to overcome obstacles in the process of Development of Education inmates children the Correctional Institution Grade II B Pekanbaru include: provide educators with adequate, improvement of means of facilities and infrastructure in prisons, increase the allocation to the education budget, cooperation with relevant agencies maximized.Keywords: Children Education, Foster Children, Children's the Correctional Institution
Co-Authors AA Sudharmawan, AA Adella Fajria Adi Kuangga La Peruntus Sembiring Melial Adil Sembiring Adimas Bagus AFRIZAL ' Agung Prayogi Akmal Astani Alex Irianto Alfikri ' Amrinto Nainggolan Anak Agung Istri Sri Wiadnyani Andi Saputra Andi Wijaya Arin Rosalia Atika Pramuditha S Aulia Rahma Bayu Sugara Bernatd Jufly Berton Lowis Maychel Beta Pandu Yulita Bianca Berliana H Bintang Hari Setiawan Bukti Hasintongan Simanullang Christina Magdalena Davit Rahmadan Debby Diannita Jaya Debi Jelitman Dakhi Desi Silvia Angraini Dessy Artina Destuti Situmorang Desyi Cristin Natalia Devi Indriani Dewa Ayu Putu Laksmi Dian Maria Ciristin Simbolon Dianto Simanjuntak Dicky Wirian Lafari Dwi Putri Nofrela Dwita Puspita Sari Edwin Alexander Simaremare Ega Septianing Yudhiati Eko Pratama Putra Eko Saputra Elisabet Situmeang Elsi Renhar Emilda Firdaus Erdiansyah ' Erich Sucipto Sinaga ERMA LENA Erna Puspita Sari Ester Ailen Sirait Fadli Razeb Sanjani Fani Indriani FEBRI ARTISYAH Febri Edvio Rinaldo`SN Femich Theresia Rozelini Sihombing Ferawati ' Fioleta Putri Fakhni Firdaus ' Firman Saputra. A Flora Veronika Frans Yohanes GEVI ADINDA PUTRI Gondi Wibowo Gunawan Januar S Hafiz Akbar Ritonga HARRY ADRIAN Hasan Azhari Lubis Hery Widijanto Hotma Marajohan P Hotman Simanungkalit Idil Nurmai Akbar IKA FELASTRI Ikhsan ' Ilhamdi Arfan IMELDA ' IMELDA RIA Indra Tua Hasangapon Harahap IRE SAPUTRA Irna Dianis Purba Irwandi Syahputra, Irwandi Irwansyah ' Ismi Anandita IVAN SILABAN John Nardy Jordan Nathanael Saragih Josep ' Juan Gunarri G Junaidi ' Khoirunnisak ' Ladi Titorlianti Batubatra Lady Diana Ledy Diana Leni Fuji Lestari Lesbon Manik Lidya Astari Lylis Suryani br. Sinaga M. Fandi Bachtiar Malynda ' Mexsasai Indra Muhammad Alpajri Muhammad Faisal Pakpahan Muhammad Hendri Arba’i Muhammad Putrapratama Muhardi Rais Mukhlis ' Mukhtal Lutfi Mulki Muhammad Muthia Septiana Natalia Desi Wulandari Nawarin P Situmeang Niki Ardianti Nur Fajri Nuroso ' Nurul Afifah Obby Michael Angelo Panji Bimantara Simbiring Pantun Andrianus Lumban Gaol Peni Indriati Pera Erawina Siregar Prestasi Praja Prima Rianto Hutagaol R. Dyah Siti Safira Rachmat Wahyu Rahmat Hendra Randi Ramadhan Rayon Syaputra Renalmon Josua Serra Rendhi Zaka Fahmi RENDI ARISANDI Resti Nauli Halim. B Reza Adilla Rezki Saputra Jas Rica Regina Novianty Ricky Nainggolan Ridho Aprison Ridho Triwardana Rido Hamidi Rio Prastio Situmorang Rival Nopiri ROBERTO SIANTURI Roby Azhari Roni Gunawan Rajagukguk Rosyi Harwinda RUBA’I ' Rudi Antonius Panjaitan Rudi Hartono Rudi Lesmono Ryan Richardo Safni Kholidah Hasibuan Said Muhammad Faisal SELVI SAFITRI Silvia Handayani Siska Amelya Sori Muda Siregar Sri Pagitnita Tarigan Sibero Sridefi Sinaga Syaifullah Yophi Ardiyanto Syefri Alpat Lukman Tiara Aria Wulandari Sitanggang TIMBUL AMAN SIMORANGKIR Tomi Jefisa Tuah Kalti Takwa Vivi Kartika Sari WAHYU DERI ALDIS PUTRA Wan Ferry Fadli Widia Edorita Wildan Syafitri Wira Tri Ananda Wistya Tri Vani Yogi Aditya Perdana YONA MELYSA Yudha Kurniawan Yundari, Yundari Yunita Sari Zikri Yohanda Khairi Zulkifli '