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Saryono Yohanes
Faculty Of Law, Nusa Cendana University
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Journal : Petitum Law Journal

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PELAKSANAAN FUNGSI PENGAWASAN DEWAN PERWAKILAN RAKYAT DAERAH KOTA KUPANG TERHADAP KINERJA PEMERINTAH KOTA KUPANG DALAM BIDANG PENDIDIKAN DAN KESEHATAN Kuhurima, Angelique Rosalia; Yohanes, Saryono; Ratu Udju, Hernimus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13346

Abstract

The presence of the DPRD in a democratic country is not to reduce the authority of the executive but must be seen as an effort to better guarantee the interests of the people in all local government policies. DPRD in accordance with its nature as a legislative institution which has three main functions, namely the function of legislation, the function of the budget and the function of supervision. The Kupang City DPRD Secretariat formulates the Organizational Mission as the main task that must be carried out by the organization in order to achieve the Organization's Vision by taking into account the interests of all components and parties related to the organization. The reason is because a centralized party system makes DPRD members side with the party as a source of legitimacy rather than the voters and society. In addition, DPRD members often sort out areas of supervision. (1) How is the implementation of the supervisory function of the Regional People's Representative Council (DPRD) of the City of Kupang on the performance of the Kupang City government in the fields of education and health?(2) What are the inhibiting factors for the Regional People's Representative Council (DPRD) of the City of Kupang in carrying out the oversight function of the performance of the Kupang City government in the fields of education and health? This research is an empirical or sociological juridical legal research with the approach used in this research, namely: (1) Socio legal approach (2) Qualitative approach and then analyzed in a qualitative descriptive juridical manner.The results of this study indicate that: (1) The implementation of the supervisory function of the Regional Representatives Council of the City of Kupang has not been optimal as stated in the provisions of the applicable laws and regulations. (2) The inhibiting factors for the Kupang City Regional House of Representatives in carrying out their oversight function on the performance of the Kupang City government in the Education and Health sector are: Availability of Budget and the Covid-19 pandemic.
PENGANGKATAN TENAGA HONORER DI KABUPATEN BELU DITINJAU DARI PERATURAN PEMERINTAH NOMOR 43 TAHUN 2007 TENTANG PERUBAHAN PERATURAN PEMERINTAH NOMOR 48 TAHUN 2005 TENTANG PENGANGKATAN TENAGA HONORER MENJADI CALON PEGAWAI NEGERI SIPIL Sulun, Esebius; Yohanes, Saryono; Ratu Udju, Hernimus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13367

Abstract

The appointment of Honorary Staff is the government's effort to improve the quality of education and welfare, but in its implementation there needs to be evaluation for further program improvements. This article aims to find out how the appointment of honorary staff as civil servant candidates at the Belu Regency Regional Civil Service Agency is viewed from Government Regulation Number 43 of 2007 concerning Amendments to Government Regulation Number 48 of 2005 concerning the Appointment of Honorary Personnel to become Civil Servant Candidates, and aims to find out an overview of the application of good governance principles in the appointment of honorary staff in the Belu Regency Government area. This research uses empirical legal methods, namely methods that function to see law in real terms and examine how law works in the community environment. Based on the research results, the author obtained an answer to the existing problem, that the implementation of Government Regulation Number 43 of 2007 concerning Amendments to Government Regulation Number 48 of 2005 concerning the Appointment of Honorary Personnel as civil servant candidates by the Regional Civil Service Agency of the Belu Regency Government is not optimal, there are still employees honorary employees who have served for a long time but have not yet been appointed as civil servants. Another factor is the lack of good communication between the government and the community regarding information, financing needs, recruitment procedures, selection procedures, determination of graduation and announcement of graduation. Based on these factors, it is hoped that the Belu Regency Government, through the Regional Civil Service Agency, will carry out outreach regarding procedures and information.
ANALISIS PUTUSAN PENGADILAN TATA USAHA NEGARA NOMOR 3/G/2022/PTUN/KUPANG TENTANG PENGANGKATAN KEPALA DUSUN 1 DI DESA TANAH MERAH KABUPATEN KUPANG Liong, Hironimus; Yohanes, Saryono; Ratu Udju, Hernimus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13409

Abstract

The village already has an established institutional structure that is respected and preserved by the village community . Village officials carry out public services that have duties and responsibilities towards serving the community, and assisting the Village Head in carrying out their duties. Village apparatus, in this case the Head of Hamlet I filed a lawsuit against the Head of Tanah Merah Village, that the Head of Hamlet I Meryati Astriana Djami was unilaterally aborted by the Village Head in Tanah Merah Village, Kupang Tengah District, to the Kupang State Administrative Court. Then the main problem can be formulated: (1) What is the mechanism for selecting and appointing hamlet heads in Kupang Regency based on laws and regulations? (2) What is the basis for the judge's consideration of the dismissal of the Candidate for Hamlet Head I of Tanah Merah Village, Kupang Regency based on Law Number 6 of 2014 concerning Villages? This research is a normative juridical research because it was conceptualized and developed by examining the rules, norms, rules related to the problem under study. The research results show that: (1) The mechanism for selecting and appointing hamlet heads in Kupang Regency is carried out based on Kupang Regent Regulation Number 5 of 2021 concerning Procedures for Appointing and Inaugurating Village Officials . (2) panel of judges No foundit error procedure in accordance with mandate the law Law on Government Administration as amended by Law Law Number 11 of 2020 concerning Job Creation . Therefore, suggestions regarding the results of this study are: (1) The mechanism for selecting and appointing hamlet heads in Kupang Regency needsto be socialized comprehensively to the entire election team. (2) The need for a family approach in solving this problem.
IMPLENTASI FUNGSI PENGAWASAN DPRD KABUPATEN TIMOR TENGAH UTARA PERIODE 2019-2024 TERHADAP PELAKSANAAN PERATURAN DAERAH KABUPATEN TIMOR TENGAH UTARA MENURUT UNDANG-UNDANG NO 23 TAHUN 2014 TENTANG PEMERINTAH DAERAH T'ek, Aloysius Gonzaga; Yohanes, Saryono; Udju, Hernimus Ratu
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13488

Abstract

The problems in this research are (1) To what extent is the implementation of the North Central Timor Regency DPRD's supervisory function for the 2019-2024 period regarding the implementation of North Central Timor Regency Regional Regulations according to Law Number 23 of 2014 concerning Regional Government (2) What are the factors inhibiting the supervisory function? North Central Timor Regency DPRD for the 2019-2024 Period Regarding the Implementation of North Central Timor Regency Regional Regulations According to Law Number 23 of 2014 concerning Regional Government.The research method uses empirical legal research. Aspects of the research include the rights of the DPRD in carrying out supervisory functions and the factors that inhibit the DPRD of North Central Timor Regency in implementing the Regional Regulations of North Central Timor Regency according to Law No. 23 of 2014 concerning Regional Government. The approach method uses a conceptual approach and a sociological approach. The types and sources of data for this research are primary data and secondary data. Respondents in this research were the Chair of the DPRD of North Central Timor Regency, members of the DPRD and the Secretary of the Council. Data collection techniques include interviews and observations. Data processing takes the form of data checking, data systematics and data tabulation. Data analysis was carried out in a qualitative descriptive juridical manner.he results of the research and discussion show that the implementation of the DPRD's supervisory function regarding the implementation of Regional Regulations in North Central Timor Regency has not been implemented optimally. Factors that influence the DPRD's supervisory function regarding the implementation of Regional Regulations consist of internal factors including the level of formal education of DPRD members generally in the secondary or high school education category so that it does not support the effective implementation of supervision because the average level of education of regional government officials is higher, namely Master's level. Meanwhile, development activities for council members through strengthening informal education and work experience of DPRD members are not sufficient to support the human resources of DPRD members in carrying out supervisory functions.
PEMILIHAN KEPALA DESA SECARA SERENTAK DAN HUBUNGANNYA DENGAN DEMOKRASI (STUDI TERHADAP PEMILIHAN KEPALA DESA PRAIBAKUL DAN MBATAPUHU, KECAMATAN HAHARU, KABUPATEN SUMBA TIMUR TAHUN 2021) Kaka, Imanuel; Yohanes, Saryono; Tupen, Rafael R
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13524

Abstract

Regional autonomy is an example of a government system chosen by the central government in order to get closer to the community in development in order to achieve the state's goals. Talking about regional autonomy, or the division of work tasks by the central government to regional governments, one of the many concrete examples can be seen from the existence of Law Number 6 of 2014 concerning Villages, as Villages are defined as legal community units that have territorial boundaries and authority. to regulate, manage the government, the interests of local communities based on community initiatives, original rights, and/or traditional rights that are recognized and respected in the government system of the unitary state of the Republic of Indonesia. This research is normative legal research, namely legal research carried out by examining library materials or secondary data. Apart from that, empirical juridical legal research methods are also carried out, namely research methods that review the function of a law or rule in terms of its application in the scope of society. The results of this research show: (1) In the context of simultaneous general elections for village heads, there are several ways in which the relationship with democracy can be explained, namely: (a) People's Empowerment: Simultaneous general elections for village heads enable the active participation of village residents in village head elections them, (b) Free and Secret Choice: In simultaneous village head elections, village residents have the freedom to choose village head candidates according to their wishes, (c) Accountability and Transparency: Simultaneous village head elections also contribute to accountability and transparency in village government, and (d) Leadership Legitimacy: Simultaneous village head elections provide legitimacy to the elected leaders. (2) The mechanism and process for selecting Village Heads and their relationship with Democracy in Praibakul and Mbatapuhu Villages with the mechanism for simultaneous village head elections which are still relatively new, simultaneous village head elections are carried out in a small number of areas, which with the existence of the Village Law can regulate matters related to the election of village heads in more detail. For example, related to the issue of village election funds, which currently in accordance with the provisions of the law come from district and city APBD funds, which is different from previously where village election funds came from the villages holding the village elections.
FUNGSI PEMERINTAH KOTA KUPANG DALAM PENATAAN PEDAGANG KAKI LIMA Matau, Charol Primus; Yohanes, Saryono; Ratu Udju, Hernimus
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13600

Abstract

This research was motivated by the non-realization of Government Regulation Number 34 of 2006 concerning Roads. The existence of these street vendors causes various problems. Thus, the government started to regulate street vendors based on Government Regulation Number 34 of 2006. The formulation of the problem in this research is the function of the Kupang City Government in managing street vendors in terms of Government Regulation Number 34 of 2006 concerning roads on El Tari Road, Kupang. This research was conducted in Kupang City. The data sources in this research are both primary and secondary, which are then analyzed using qualitative descriptive analysis. This research shows that the arrangement of street vendors based on Government Regulation Number 34 of 2006 concerning Roads has yet to be fully implemented by the government. In terms of regulation, the government has implemented regional regulations. However, many traders still need to comply with the regulations due to the need for government action to regulate street vendors.
KEWENANGAN PEMERINTAH DAERAH KOTA KUPANG MENGGUNAKAN HAK PAKAI DAN HAK PENGELOLAAN ATAS TANAH YANG BERASAL DARI HAK MENGUASAI NEGARA Sodak, Eksam; Pekuwali, Umbu Lily; Yohanes, Saryono
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13684

Abstract

The research findings indicate that the City of Kupang Regional Government has not optimally exercised its authority as the holder of the Right of Use and Management Rights over land acquired from state control. The Right of Use, covering an area of 14,041,022 square meters, controlled by the city government, is only utilized on 634,442 square meters (4.52%) for various purposes related to the City of Kupang government's tasks. Similarly, the Management Rights, covering an area of 4,809,012 square meters, are only utilized on 326,522 square meters (6.79%), either for the government's own use in facilitating governance tasks, development, and community services or in collaboration with third parties. Based on the research findings, it is recommended that the City of Kupang Regional Government, in collaboration with the National Land Agency (BPN) of Kupang, promptly plans the allocation and utilization of the Right of Use over an area of 13,406,580 square meters (95.48%) and the Management Rights over an area of 4,482,490 square meters (93.21%) to benefit the City of Kupang government, the community, and the business sector.
DASAR LEGALITAS PEREDARAN MINUMAN BERALKOHOL TRADISIONAL JENIS SOPIA DI WILAYAH NUSA TENGGARA TIMUR Dari, Damianus Ngere; Tuba Helan, Yohanes G; Yohanes, Saryono
Petitum Law Journal Vol 1 No 1 (2023): Petitum Law Journal Volume 1 Nomor 1, November 2023
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i1.13752

Abstract

Local alcoholic drinks or commonly known as sopi have never been separated from the culture of the people of East Nusa Tenggara. Sopi, apart from being used for consumption, also always colors religious celebrations in East Nusa Tenggara, such as proposals, weddings and traditional ceremonies. However, the distribution of alcoholic drinks that are not based on applicable regulations will have a negative impact on social problems, such as an increase in crime. The East Nusa Tenggara Provincial Government has a program to legalize local alcohol drinks in NUSA TENGGARA TIMUR. In this legalization, the Governor of NUSA TENGGARA TIMUR issued Governor's Regulation Number 44 of 2019 concerning Purification and Management of Traditional Alcoholic Drinks. It is hoped that this governor's regulation can create a reasonable balance between maintaining public health and preserving traditions, as well as supporting the livelihoods of the people in NUSA TENGGARA TIMUR province.
FUNGSI KEPALA DESA DALAM MENYELENGGARAKAN PEMBANGUNAN DESA DI DESA BIPOLO DAN DESA OETETA, KECAMATAN SULAMU KABUPATEN KUPANG MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Naben, Empi Adriana; Yohanes, Saryono; Tupen, Rafael Rape
Petitum Law Journal Vol 1 No 2 (2024): Petitum Law Journal Volume 1, Nomor 2, Mei 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i2.13801

Abstract

Based on Law No. 6 of 2014 concerning Villages, Article 1 paragraph (2) states that "Village Government is the organizer of government affairs and the interests of local communities in the government system of the Unitary State of the Republic of Indonesia. The Village Government is the Village Head or what is referred to by another name, assisted by Village officials as the organizing element of the Village Government." The problems faced include, among other things, the function of the village head in carrying out village development in Bipolo Village and Oeteta Village must increase enthusiasm, and encourage the community in carrying out village development to involve more of the entire Bipolo Village community and Oeteta Village community in development activities. And provide outreach to the community that the community also has a role to be involved in the implementation of village development. This research aims to find out the function of the village head in carrying out village development in Bipolo Village and Oeteta Village and to find out the factors inhibiting the function of the Village Head in carrying out village development in Bipolo Village and Oeteta Village. The method used in this research is empirical juridical and statutory and primary data and secondary data are used as types of data sources. The research results show that the function of the Village Head is in carrying out village development in Bipolo Village and Oeteta Village. Bipolo village is running quite well because some village development has been realized, but the community is not firm enough to fully support the implementation of village development. Oeteta Village is going quite well because all village development activities are still in the planning stage which will be implemented in 2023. Then, there are two inhibiting factors in implementing the duties and functions of the Bipolo and Oeteta village heads in implementing village development, namely human resources and facilities and infrastructure, which has not been effective in supporting the implementation of village development through increasing the economic, educational and health needs of the community. So researchers need to make collaborative efforts between the community and the village government to implement development in each village. There is awareness of bipolo and oeteta village heads in their duties and functions to prioritize the needs of local communities so that village development can run according to established plans. There is awareness of the village head and village officials to continue to supervise the implementation of village development through all village consultation proposals based on meetings to submit proposals which must be prioritized so that they can be implemented every year.
PENGATURAN PERUSAHAAN DAERAH AIR MINUM DALAM PENGELOLAAN AIR MINUM DI KOTA KUPANG Foenay, Jeniefer Gita Marchlina; Yohanes, Saryono; Ratu Udju, Hernimus
Petitum Law Journal Vol 1 No 2 (2024): Petitum Law Journal Volume 1, Nomor 2, Mei 2024
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v1i2.14160

Abstract

The current policy taken by the Government is an effort to expand the water network to reach Kupang City residents who are not yet connected to the Kupang City PDAM water network. The aim of conducting research: To find out and analyze the Drinking Water Supply System Management Arrangements at Regional Drinking Water Companies in Kupang City and to find out and analyze the Drinking Water Supply System Management Arrangement Factors at Regional Drinking Water Companies in Kupang City. To answer this problem, Normative Research was carried out which was supported by Empirical Juridical Research, namely, examining the real behavior of Regional Drinking Water Companies based on facts or realities obtained in the field for further research. The results of this research show that this research states that the Drinking Water Supply System (SPAM) was implemented to provide drinking water services to the people of Kupang City to meet drinking water needs, namely, the availability of drinking water services to fulfill people's rights to drinking water and the realization of water management and services. quality drinks at affordable prices. Based on research in the field, water leaks can reach more than 30.7% of the existing water supply (production). Determination of water needs is carried out by water leak analysis. The water leak reduction program needs to be improved so that the balance of service flow is not disturbed. The conclusion is that the arrangements for managing the Drinking Water Supply System at the Regional Drinking Water Company in Kupang City do not meet the proper standards, from management to distribution of Drinking Water, there are traffic jams in distribution and problems with several damaged pipes and inadequate service. Inhibiting factors for the Drinking Water Supply Management System, namely: Late payments, information that customers ignore.
Co-Authors Abdul Rahman Osama Djawas Adinda Devita Sulastri Dima Adriana Rosalindra Kondi Adu, Alberto V Afra, Paulinus Agnes Doortji Rema Agustinus Seo Bani Albertus Tapuk Parus Alezandro Gerald Tokoh Andry Armando Dethan Anggrida Susana Li Anna Swaran Dewi Kurman Apliana P. R. P. L. Zogara Apolonius Mardi Pelealu Ariance Boboy Aryana Ruthstine Heo Aryana Ruthstine Heo Awa, Paulinus Armando Balelay, Kirsten R F N Bella Octavia Bole Padi Bella Octavia Bole Padi Bili Agus, Yosefiani Margaretha Bili, Martinus Boymau, Melkianus Candra Erens Bira Cyrilius Lamataro Cyrilius Lamataro Cyrilius W.T. Lamataro Dari, Damianus Ngere David Y Meyners Detji K. E. R. Nuban Detji K. E. R. Nuban Dhesy A. Kase Dhesy Arisandielis Kase Djami, Rally Sunardo Djata, Stiven Djara Don Alexander Intan DVG Ebu Kosmas Edon, Bernad Eksam Sodak, Eksam Elisabeth Morib Ello, Ivan Ervi, Veronika Nona Felix Yoseph Pulu Pinga Ferlindo Dominggus Mascareinhas Foenay, Jeniefer Gita Marchlina G. Tuba Helan, Yohanes Giovanni Secondoi Putra Himan Goran, Andreas Haan, Kevin R. S. Hage, Markus Yohanis Hamzah, Surahman Haning, Paul Imanuel M Hendrik, Samuel Jefanya Herinimus Ratu Udju Herminus Ratu Udju Hernimuis Ratu Udju Hernimus Ratu Udju Hironimus Buyanaya Hoar, Sisilia Derlince Honorata Etralia Mardin Hukapati, Umbu Yabbu Hyronimus Buyanaya Inda Juita Kaho Iriantini M.J Takalapeta Januaristi Bule Logo Jeckson Hapu Mbay Jenny Ermalinda Josef M Monteiro Julius Ricky Rivaldo Ata Banafanu Junan Hastuty Christin Nalle Kaka, Imanuel Kalaway, Umbu Rizky Karolus Kopong Medan Kase, Dhesy A. Kedang, Alexander Baha Klemens Ola Gelu Koroh, Yan Agustinus Kotan Y. Stefanus Kotan Y. Stefanus Koten, Oktavianus Wara Kuhurima, Angelique Rosalia Lamataro , Cirilius W.T Lamataro, Cyrilius W T Lamataro, Cyrilius W. T Liang, Filomena Lidia Lidya Intan Taitoh Linome, Sari Liong, Hironimus Malo, Gladys Chyntia Mangngi, Fivin F Mardi Pelealu, Apolonius Margareta Noviani Amus Maria Adventya Parnes Jani Maria Ayentusianti Mamo Maria De Fatima Barros Maria Esterisna Klau Markus Arianto Kia Wuwur Markus Yohanis Hage Martina Paulina Manintamahu Martinus Bili Martinus Bili Matau, Charol Primus Mega, Kristiana P J Megi Octaviana Radji Meriyanti Mayesti Bauky Modestus Rapin Monteiro, Yosef Mario Montero, Josef Mario Mourest Aryanto Kolobani Muhamad Farid Ridha Murti Rana Bokamanu Naben, Empi Adriana Nafie, Indra Apriliando Nuban, Detji E. K. R. Nuno Saldanha Da Silva Fatima Patrisia Yubiliana Herti Mbu Payon, Siti Mariana Benga Pello, Jimmy Petan, Putri Yuniastini Philipus Neri Ahoinnai Putry Cantika Maharani Sonbay Rafael Rape Tupen Rafael Rape Tupen Rapin, Modestus Ratu Udju, Hernimuis Ratu Udju, Hernimus Remijawa, Matias Kalikat Renaldo Lutu Renaldo Lutu Renaldy Zadrian Elimanafe Rivaldo Ata Banafanu, Julius Ricky Rosalia Maria Bota Roseno Napu Setiawan Rudepel Petrus Leo Rudolf Mourits Christian Piero Lanoe Sam Meldrian Althonsius Oematan Samsida Ahmad Seran, Richard Gustavo Sinurat, Aksi Siti Ainul Kholipah Sofian Syukur Stefanus, Kotan Y. Sulun, Esebius T'ek, Aloysius Gonzaga T. Emadjaik, Mario Tapuk Parus, Albertus Tari, Ronaldo Ameta Putra Tegar Cakti Foes Theodorus Andreantoro Hamu Tikwa Petronela Selan Tuba Helan, Yohanes G Tupen, Rafael Tupen, Rafael R Tupen, Rafael Rape Umbu L. Pekuwali Umbu Lily Pekuwali Usu, Benedikta Victoria Desriana Meo Winda W. Ndolu Wiwin Maryani Mada Yanto Demetus Modu Yefri Jonathan Ae Yoh G. Tuba Helan Yoh. G. Tuba Helan Yohanes G. Tuba Helan Yohanes G. Tuba. Helan Yohanes G.Tubahelan Yosef Mario Monteiro Yosef Mario Monteiro Yosefina Sartika Indah Yoseph Nainahas Yoshua Alehandro Adoe Yosua Oktoriardo Loda