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PELAKSANAAN PERJANJIAN PEMBORONGAN RUMAH PRIBADI SECARA LISAN BERDASARKAN HUKUM PERDATA DI KABUPATEN PELALAWAN Nur Rabiah Mardatila; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The house has now become a primary need for everyone, this causes many people who try to have a house to meet those needs, whether he builds himself or pays people to build the house or better known as the chartering agreement, in general this contracting agreement made verbally, causing many contracting parties to default, causing losses for those who bought up especially in Pelalawan Regency.The purpose of this study is to determine the factors that cause defaults in the contracting agreement, to find out the efforts that can be made to avoid the occurrence of defaults in the contracting agreement, as well as to determine the legal remedies that can be carried out by the contractor when the contractor occurs.This type of research is a sociological juridical study, this research was conducted in Pelalawan Regency, while the population and sample are all parties related to the problems examined in this study, data sources used, primary data, secondary data, and tertiary data, collection techniques data in this study with interviews and literature review.The cause of defaults in the contracting agreement is the contracting agreement made verbally, the weak goodwill of the contractor, the weak understanding of the contractor in the field of construction, the weak understanding of the legal parties. efforts that can be made to avoid defaults in the contracting agreement, contractual agreement made in writing, the good faith of the parties must be increased in understanding the contractor in the field of construction, increase the understanding of the parties' law.It is expected that the parties will enter into an agreement in writing, and in the implementation of the agreement in good faith, broaden the legal perspective, especially in the area of the agreement. It is expected that the contractor will add his insight in the construction sector.Keywords: Private Contracts - Chartering - Private Houses - Civil Law
PELAKSANAAN PERJANJIAN JUAL BELI ONLINE (E-COMMERCE) PADA ONLINE SHOP MONSTREATION Rahmayani Indrasari; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Online buying and selling deals are pecianities that bind the need to spend the same amount ofgoods, and other parties acting as buyers tie in to buy something prices and transactions are made using theinternet network. Online shop Monstreation has unique products and jackets in the clothing business offeredon social media. One of them is Instagram. Surely an online shop has several provisions that must be obeyedby the parties so that no loss occurs. Becase of its virtual nature that allows the parties not to face eachother, there will be several disputes.This type of of research is sociological legal research, namely research in the form of empiricalstudies to find theories about the process and the process of working the law in society. In this case theauthor serves the implementation of an online sale and purchase greement (E-commerce). This researchwas conducted at the Monstreation Online shop in the city of Pekanbaru. The population and sampe areonline shop Monstretation and the sampe is buyer at the online shop Monstreation.From the results of the study the authors concluded that the implementation of an online buying andselling agreement (E-commerce) between online shop Monstreation and buyers has not been carried outproperly, this is seen from: First, Default made by Monstreation online shop such as: production defects,late production and shipping of goods. Second: defaults from other buyers, namely: transactioncancellation, asking for compensation that incriminates the online shop. The author's suggestion, First, forthe online shop Monstreation to provide clearer information about products and improve the productionprocess of clothes and jackets, while for buyers to do not cancel the orders, for parties to obey their rightsand obligations. each party well. Second, in a relationship there needs to be good communication betweenonline buying and selling agreements, it is necessary for the parties to establish good communication so thatthe agreement is implemented according to the expectations of the parties so that disputes in theimplementation of online buying and selling can be overcome.Keywords: Buying and selling agreement - Online Shop Monstreation - Default
PERLINDUNGAN HUKUM TERHADAP DRIVER GO-JEK TERKAIT ORDERAN FIKTIF OLEH KONSUMEN GO-JEK DI PEKANBARU Muhammad Farqi; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Indonesia’s company introduce the using of motorcycle transportationthrough the app called GO-JEK. GO-JEK is useful app for transportating.Besides, there are misuse of using this app for making a fake booking or so-calledOrderan Fiktif. It makes damnification for the driver of GO-JEK, in case ofmaterial or non-material. This gong to be a big problem for the driver. Thisresearch aims for explain: 1) caused of consumen making the fake booking order,2) the legal protection for the driver because of the case.This research used sociological approach and descriptive method bydescripting how this case occur and find the legal protection. This research took aplace in Pekanbaru city, especially in GO-JEK’s office, and some of sub-disctrictswhose having a driver’s basecamp. The sources use are primary soruce,secondary source, and tertiary source, and the method to collecting the sourcesare interview and library research.By seeing the result of this research, there are two conclusions. 1)economic element caused the case is occur, and by that we already know not onlyconsumen did the fake booking order, also the driver itself. 2) all these violationscause of based on our legal are default, the action againts law, unfair businesscometition, and deception. All the driver could do is calling the customer serviceof GO-JEK or claim to operational office. And for the GO-JEK’s side is recoverdriver’s account and giving a compentation. Researcher suggest, 1) all the driversof GO-JEK should do their business competition as good and not cheat on it, andfor all the consumens should using GO-JEK app wisely. 2) GO-JEK companyshould be doing prevention for minimalizing the fake booking order occur.Keywords : Legal Protection , Driver, Fake Booking Order.
KONTRIBUSI HUKUM ISLAM TENTANG MENENTUKAN MASA IDDAH DALAM UNDANG-UNDANG PERKAWINAN DI INDONESIA Novia Fatriyani; Firdaus Firdaus; Emilda Firdaus
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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One of the problems faced by the Indonesian people today is the crime of sexual violence. Pedophiliaas a sexual orientation by liking minors. As a distorted orientation and contrary to applicable norms.Pedophile behavior often leads to sexual violence. Based on the characteristics that exist that the ability toseduce a reliable pedophilia that can deceive children and the nature of pedophiles who love to movelocations cause this to make it not an ordinary crime. Very often cases of pedophile crime appear and arerevealed after the number of victims who report. The effects of pedophilia crimes lead to mental trauma,genital and rectal injuries and the potential to be a future offender for victims for boys. In GovernmentRegulation in Lieu of Law Number 1 of 2016 on the second amendment of Law No. 23 of 2002 Regardingchild protection, it allows additional penalties to announce the identity of the offender. as a form ofdeterrent effect and protection to the community, but there is no formal criminality in the form ofimplementation so that the ideal concept is needed so that additional punishment can be carried outThis type of research is a normative legal research that is using literature study in finding data. Thisresearch is descriptive in nature which tries to provide detailed and detailed data on the existing problems.In writing this research using qualitative data analysis which means explaining and concluding about thedata that has been collected by the author. This study uses secondary data or scientific data that has beencodified.The results of this study are to explain that the material penalties for additional sentences announcingthe identity of the perpetrators have been clearly regulated. but for formal criminal arrangements have notbeen clearly regulated. thus causing additional punishment is not perfect. The author provides an idealconcept in the form of announcements of identity given to the public through mass media, print and socialmedia, Announcement of identity is also given to educational institutions and the Ministry of Law andHuman Rights. announcements of identity are also given through the website managed by the Indonesianchild protection commission. Announcement of identity is done in order to reduce the level of pedophilecrime and provide protection for children and society.Keywords: Announcement Of The Identity Of The Offender - Additional Punishment - Pedophilia.
TANGGUNG JAWAB BADAN PENDAPATAN DAERAH DALAM IMPLEMENTASI PENINGKATAN PENDAPATAN DAERAH BERDASARKAN PERATURAN DAERAH KABUPATEN KAMPAR NOMOR 10 TAHUN 2011 TENTANG PAJAK SARANG BURUNG WALET DI KABUPATEN KAMPAR Sarah Nanda Jelita; Firdaus Firdaus; Dessy Artina
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 8, No 2 (2021): Juli- Desember 2021
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This study discusses the responsibility of the regional revenue agency in the implementation of increasing regional income based on the local regulation of the Kampar Regency number 10 of 2011 concerning the swallow's nest tax in the Kampar Regency. Article 2 paragraph (5) states that the taxpayer of swallow's nest tax is an individual or entity that makes efforts to collect and/or certify swallow's nests. And the basis for the imposition of a bird's nest tax is the selling value of a swallow's nest. However, what is in the field shows that the implementation of regional regulations is not going well.The type of legal research used by the author is a sociological legal research type. This research was conducted in Kampar Regency. Sociological legal research uses primary data and secondary data, while the population and sample are parties related to the problem studied, namely the Kampar Regency Regional Revenue Agency, the Kampar Regency House of Representatives and the owner of swallow's nest in Kampar Regency. Data collection techniques in this study with literature review, interviews and questionnaires.From the results of this study, the author concludes that the Kampar district regulation number 10 of 2011 has not been implemented properly, because the new local regulation was implemented in 2019 even though the Kampar district regulation which regulates the swallow's nest tax has long been ratified, the obstacle to implementing local regulations is the weakness supervision from the government, late in making regent regulations, not yet bringing in potential taxes, and lack of public awareness of paying taxes.Keywords: Government - local regulation - swallow's nest tax
PELAKSANAAN PERJANJIAN BANK GARANSI OLEH BANK NAGARI CABANG UTAMA KOTA PADANG DENGAN CV. FEBRIANO MITRA LESTARI TERKAIT WANPRESTASI ATAS PEMBANGUNAN GEDUNG PELAYANAN PERPUSTAKAAN DI KABUPATEN DHAMASRAYA Haniva Rahmadani; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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The word warranty comes from the Dutch language, Garantie which means guarantee. Bank guarantee is a guarantee given by the Bank, in the sense that the bank declares a written acknowledgment whose contents agree to bind itself to the recipient of the guarantee within a certain period of time and certain conditions if in the future it turns out that the assured does not fulfill his obligations to the recipient of the guarantee. Implementation of the work may arise defaults carried out by the parties to the agreement. In such circumstances, the provisions which must be fulfilled that arise due to default, namely the possibility of termination of the agreement, compensation or fulfillmentThe purpose of writing this thesis, namely: first, to find out the implementation of the bank guarantee agreement by Bank Nagari with CV. Febriano Sustainable Partners, second, to find out the efforts to resolve defaults made by CV. Febriano Mitra Lestari.This type of research belongs to the type of Sociological Juridical research. According to Sutrisno Hadi, Sociological Juridical research is an effort to determine, develop, and test the truth of knowledge. Efforts are made using scientific methods for the research. This research was conducted and to complete the data source, the authors conducted research on the CV. Febriano Mitra Lestari located in Padang City, the data used are primary data, secondary data and data collection techniques in the form of research with interviews.From the results of this study it can be concluded that, First, To get a Bank Guarantee from Bank Nagari Main Branch Padang, CV first. Febriano Mitra Lestari submits an application in the form of a Bank Guarantee Application Submission Letter to the Nagari Bank of Padang Main Branch with a reply letter of approval from the Bank in the form of a Bank Guarantee Approval Letter (SPPBG) to CV. Febriano Mitra Lestari. Second, the implementation of the Bank Guarantee agreement by Bank Nagari Padang Main Branch with CV. Febriano Mitra Lestari can be carried out with the applicable provisions stipulated by Bank Nagari Padang Main Branch. Third, efforts to settle the defaults carried out by CV.Keywords: Bank Guarantee-Default
TINJAUAN PERKAWINAN KEDUA TANPA PERCERAIAN (POLIANDRI) DALAM ADAT BATAK TOBA DI DESA LUBUK OGUNG KECAMATAN SEI KIJANG KABUPATEN PELALAWAN Ivan Ryian Ewaldo; Firdaus Firdaus; Ulfia Hasanah
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Marriage is an inner and outer bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family or household based on the Almighty God. Polyandri marriage is a marriage where a wife has two husbands. This is prohibited in religious law and customary law, specifically the Toba Batak adat, but this polyandry marriage has taken place in Lubuk Ogong Village, Seikijang District, Pelalawan Regency. The purpose of this study was to determine the implementation of marriage and divorce in the legitimate Batak Toba customs and to find out the consequences of Christian religious and Batak Toba customs. This type of research can be classified as sociological, because in this study the author immediately conducted research on the location or place under study in order to provide a complete and clear picture of the problem under study. This research was conducted in Lubuk Ogong Village, Seikijang Subdistrict, Pelalawan Regency, while the population and samples were all parties related to the problems examined in this study, data sources used primary data, secondary data, and tertiary data, data collection techniques in research this is by interview and literature study. From the results of the study, two things can be concluded. First, the implementation of polyandry marriage without divorce in the traditional Toba Batak in Lubuk Ogong Village, Sei Kijang Subdistrict, Pelalawan Regency is illegitimate or can not be held the second marriage (polyandry) without any divorce first. Secondly, there is a Batak Toba adat sanction in the form of payment of compensation to the injured party twice as much and payment a divorce mark to the adat leader. First suggestions, the traditional institutions and traditional organizations provide learning and socialization about traditional marriages so that the next generation obeys and preserves. Second, indigenous peoples and traditional institutions uphold the customary law of the Toba Batak people because custom and culture are the identity of the Batak tribe Keywords: Polyandry-Divorce-Batak Toba’s Custom
PERTANGGUNGJAWABAN PT. HEROTAMA INDONUSA CABANG SUMATERA BARAT DALAM PELANGGARAN KONTRAK KERJA DENGAN KILANG PANASONIC SYSTEM NETWORKS Gladysha Indahcantika Mazalio; Firdaus Firdaus; Riska Fitriani
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 2 (2020): Juli - Desember 2020
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The concept of the rule of law provides rights and obligations to citizens by the state, one of which is guaranteed by the state is the availability of employment for citizens. This can be seen in Article 28 D Paragraph 2 of the 1945 Constitution which states that everyone has the right to work and to receive fair and appropriate compensation and treatment in an employment relationship. Judging from this article, it states that the state must contribute to guarantee citizens for decent work. To support government policies and programs, the government issues government policies and programs in the placement of Indonesian migrant workers abroad.However, in its implementation a lot of legal violations occurred concerning Indonesian Migrant Workers working abroad, such as violating the law in a work agreement or (default). There are many incidents where Indonesian Migrant Workers who flee while doing work cause many service providers to become victims of losses for mistakes made by Indonesian Migrant Workers.The purpose of writing this thesis, namely; First, knowing the responsibility of PT.Herotama Indonusa for migrant workers who have violated the employment contract with the Panasonic refinery, Second; know the nature of the legal consequences of Indonesian Migrant Workers who violate employment contracts.From the results of the study based on two problem formulations can be concluded, First, In the responsibilities carried out by the company PT. Herotama Indonusa to the Panasonic Refinery, PT. Herotama Indonusa must compensate for actions committed by migrant workers. PT. Herotama also had consequences on the blacklist from the refinery so that this was very detrimental to PT. Herotama Indonusa. Second, the implementation of the legal consequences given to the Migrant Workers should be to impose sanctions in accordance with the contents of the employment contract agreement between the Migrant Worker and PT.Herotama Indonusa Company, but in reality the Migrant Worker does not fulfill the contents of the agreement. And also supposedly in Law number 18 of 2017 concerning the Protection of Migrant Workers regulates the obligations of Migrant Workers when committing violations or mistakes related to work contracts.Keywords: Liability-violation-employment contract
PELAKSANAAN PERKAWINAN SESUKU MASYARAKAT SUKU MELAYU BERDASARKAN HUKUM ADAT DI NAGARI PADANG SIBUSUK KECAMATAN KUPITAN KABUPATEN SIJUNJUNG Annisa Desria Utami; Firdaus Firdaus; Hayatul Ismi
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Minangkabau adheres to the matrilineal kinship system. Matrilineal kinship system is a kinship systemby drawing lineages based on maternal lines. Every offspring born from a marriage will enter his mother’sfamily. A marriage in minangkabau has a broad meaning. It is not just a meeting two peoples but morebroadly because it involves families of both parties. The marriage of the minangkabau community is exogamy.Exogamy which is done outside the tribe. It means that a person who wants to get married must find a partneroutside her/his tribe. The peoples who are married with some tribe called “tamakan pokok”. Minagkabaumarriage is regulated in a religious and customary manner.Some problem that will be discussed in this thesis namely: First, how to carry out the inter-teribalmarriage to melayu tribe community of Nagari Padang Sibusuk Kupitan Sub-District, Sijunjung Regency.Second, is the application of a marriage ban on intertribal marriage still maintained bt melayu tribecommunity of Nagari Padang Sibusuk, Kupitan Sub-District, Sijunjung Regency.the type of research is usesociological research, the form of the research is a law identification (unwritten law).The result of study can be concluded namely: First, the implementation of marriage between followmembers of the melayu tribe can occur as long as they come from different rumah gadang. Second, theprohibition on inter-tribal still runs in Nagari Padang Sibusuk, but in Melayu tribes it is possible to domarriage with fellow melayu tribes as long as they come from different rumah gadang. Of course, it will havean impact on the traditional order and the community life.Keywords : Marriage - Customary Law - Minangkabau
PERLINDUNGAN HUKUM TERHADAP HAK-HAK EKSPORTIR DALAM PERMBAYARAN TRANSAKSI EKSPOR IMPOR MENGGUNAKAN OPEN ACCOUNT Fikri Al Mansur; Firdaus Firdaus; Dasrol Dasrol
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 7, No 1 (2020): Januari - Juni 2020
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

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Import and export is a form of economic relations between countries in the world. Import Export Transactions are simple international trade transactions which is buy and sell goods between entrepreneurs who are located in different countries. Exports are carried out by sellers in Indonesia, while imports by sellers abroad. So, import and export is the act of sell and buy by the seller to the buyer.In the practice of trading, most UMKM in Indonesia in international trade transactions use the open account payment method. The open account payment method was chosen because importers and exporters who have been trading for a relatively long time have known each other and have full mutual trust in the credibility of the importer, for exporters and importers payment method in this way is considered simple because it does not require varying documents, and reduces processing costs documents when compared to other payment methods.Open account payment method there is a risk for exporters, when the ordered goods have been sent to overseas buyers while the buyer does not make the payments for any reasons or the buyer is late in making payments causing losses for the exporter. Exporters depend entirely on financial flexibility, and the reputation of the importer to fulfill his obligations.The purpose of this study to find out how the legal protection of the rights of exporters who make payments for import export transactions using an open account and how to resolve the law if there is a breach of contract by the importer. The legal protection of the rights of exporters in payment of export and import transactions through an open account, at the initial stage of the transaction a sales contract is made, which contains state jurisdiction as the basis for choice of law in the event of a dispute. An empty law to organize the protection of exporters in payment of international trade transactions is an important homework for the government. Legal settlement in the breach of contract by the importer can be resolved peacefully, diplomatically (negotiation, fact finding, good services, mediation and conciliation) and by the law (International Arbitration and International Court of Justice).Keywords: Export, Import, Payment, Open Account.
Co-Authors , Dasrol Abd. Wahid Wahab Abdul Kodir Jailani Ade Iriani Sapitri Ade Silvia Handayani Ahmad Rifai Aldo Virgiansyah Alfian Rusdy Anggi Fitri Annisa Darmawahyuni Annisa Desria Utami Arbi Wahyu Ardiyansyah Ardiyansyah Ari Gustia Warman Ario Putra Arni Novi Sihombing Arrahman Arsista Audesti Nindya Azet Purnama Bambang Tutuko Bayu Wijaya Putra Bustamam Bustamam Citra Rahmawati Lubis Davit Rahmadan Dedek S Lumban Gaol Dessy Artina Dian Yayan Sukma, Dian Yayan Dini Azani Edy Ervianto Efri Diah Utami Ekawati Prihatini Ela Aprida Nafliana Emilda Firdaus Erdianto Erdianto Ewa Kukuh juwanda Fahrul Rhozi Fauzi Fauzi Feranita Feranita Fikri Al Mansur Gladysha Indahcantika Mazalio Haniva Rahmadani Hasianna Nopina Situmorang Hasnah Hasnah Hayatul Ismi Hendri Agustin Sibarani Hendri Marhadi Hergo Afrizon Husni Husni Husni, Nyayu Latifah Ifwandi Ifwandi Iga S. Syahri Ilham Rijab Irfan Hamdani Irvan Fahreza Ishak Erawadi Barutu Ivan Ryian Ewaldo Juni Kardi Katrin Roosita Khoerudin Khoerudin Ledy Diana Leo Valentino Lukman Hakim M Aldion Rinaldi M Putra Nurjanah M. Wahyu Nugraha Maming Maming Martadinata, A. Taqwa Maryati Bachtiar Mira Afrina Mohd Yogi Yusuf Muhamad Al Khausar Muhammad Fachrurrozi Muhammad Farqi Muhammad Fathra Fahasta Muhammad Ibrahim MUHAMMAD ILHAM Muhammad Naufal Rachmatullah Muhammad Sayuthi Muhammad Sholeh Nasriadi Dali Nazri Nazri Niky Sudarmantoro Nota Effiandi Noveri L M Novia Fatriyani Nur Rabiah Mardatila Nurhalim Nurhalim Prima Prima Pusaka, Semerdanta Rahmayani Indrasari Rakiman Rakiman Reski Hidayat Retnaningsih Retnaningsih Reza Al Mattin Reza Novia Restita Ridho Hanif Farza Riko Simalango Rimbawan , Riska Fitriani Rizky Johari Robby Dhavitra Robi Robi Rossi Passarella Sabilal Rasyad Sandi Firman Nanda Sarah Nanda Jelita Siti Hafsah Siti Nurmaini Sri Anna Marliyati Sri Fitri Sri Yani Yolanda Suci Dwi Lestari Sukim Sukim Sutri Lasdienti Syafiqa Tiara Ayunda Syahri Ramadhan Syahrilfuddin Syahrilfuddin Thamrin Thamrin TJUT CHAMZURNI Togi Sugiono Torang Harison Tumpak Dolok Stepan Simarmata Ulfia Hasanah Upasana Narang Wildaniati Wildaniati Winner Inra Jefferson Batubara Wita Ananda Chikita Yudhi Fasrah Ilahi Yuli Yetri Yundri Akhyar Yusuf Ridho Surya Dharma Nainggolan Zalisman Zalisman Zikri Afdal Zuyasna Zuyasna