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PERLINDUNGAN KONSUMEN TERHADAP PEREDARAN MAINAN ANAK-ANAK YANG MEMBAHAYAKAN DIKOTA PEKANBARU Fazariansyah, Bayu; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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As a developing country and island countries such as Indonesiasometimes experience a disruption and obstacles to the smoothness of staterevenues, due to the occurrence of a smuggling crime. It is this form of evil thatimpedes the course of economic development, because a lot of state money is notpicked up by the crime of smuggling. In addition smuggling crime is a latentdanger that threatens the country's economy as well as the survival of a country.As for the purpose of writing this thesis, namely; Firstly, to know the role of CivilServant Investigator of Customs and Excise in handling smuggling case of onionbased on Law number 17 of 2006 concerning Customs in Dumai City Law Area,Second, to know what obstacles are found by Customs Civil Servant Excise inhandling the case of smuggling of shallots in the Dumai City Legal Territory.The type of research is sociological legal research is research that wantto see the correlation between law and society, so as to reveal the effectiveness oflaw enforcement in society. The research was conducted at Dumai City Customsand Excise Inspection and Service Office, while the population and sample werethe whole parties concerned with the problems studied in this study, the datasource used, the primary data and the secondary data, the data collectiontechnique in this study by interview And literature study.From the research result of the problem that the Customs and Excise ofDumai City performs supervision in accordance with Law No. 17 of 2006 onCustoms but on the implementation has not been said maximal because there arestill obstacles of the main things that need attention. First is expected to CivilServant Investigators in realizing their role as law enforcement officers areexpected to always be consistent in handling the act of smuggling of onion interms of Preventif. Therefore it takes better human resources to support theperformance of Customs and Excise, improve the infrastructure facilities ownedby Customs and Excise and increase patrol area to smuggling activities.Secondly, it is also expected to further improve its performance so that smugglingactions can be minimized
PENERAPAN PENYELESAIAN KREDIT MACET MELALUI PROSES PENGALIHAN PIUTANG (CESSIE) DI PT BANK TABUNGAN NEGARA PEKANBARU Manurung, Nancy Roseline; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Cessie is a bad credit settlement process carried out by an old lender where the old lender sells the loan to a new lender. Although cessie is not explicitly mentioned in the Criminal Code but the existence of Article 613 of the Criminal Code makes the cessie process in the world of banking possible, in that case there is a need for a notary deed or deed under the name, but the existence of this act does not create a new lender directly the legal force because the old creditor had to tell the debtor that the debt on his behalf had been transferred to the new lender. This can happen when a debtor performs a transaction, where the debtor does not perform his or her obligation to the lender, and after performing a series of warnings to the debtor and is not advised, the lender can take further action in the form of a debt sale called the term cessie.The research done by the authors is based on the issue of understanding in the implementation of PT. BTN Pekanbaru, and how is the process of performing a loan purchase at PT. BTN. In the process of research the author uses observation and interview methods. The author directly interviews the PT. BTN Pekanbaru. From the findings of the authors' findings it can be concluded that the understanding of the performance of the debt servicing (Cessie) is a consequence of the fact that the debtor's actions are one of the ways that the lender will advertise the cessie, and if any individual or private company buys the cessie then the parties it will be the new lender who will deal further with the lender. Where the debtor is obligated to repay the debt to the new lender. After getting the notification from the old lender in this case is PT. BTN. Where all the rights and position of the old lender will be transferred to the new lender completely. This is a risk to the debtor as a consequence of negligence or failure to comply with its obligations, as cessie is legally bound by Article 613 of the Civil Code. And the way credit lending is resolved against the lender's lending to lenders through several processes is rescheduling, reconditioning, and reorganization which, if not taken by the lender, will be taken by the bank as time goes on. Cessie will be the last choice from the bank to resolve the credit defaulter created by the lender as a form of settlement in the Home Loan Credit agreement previously made by the lender (PT. BTN) and the lenderKeywords: Debt, Agreement, Cessie
PENERAPAN ASAS AUDI ET ALTERAM PARTEM PADA PERKARA WANPRESTASI DALAM HAL KETIDAKHADIRAN PIHAK TERGUGAT DI PENGADILAN NEGERI PEKANBARU Bangun, Desi; Deliana, Evi; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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In the civil procedural law the judge must listen to both parties (Audi Et Alteram Partem) based on Article 4 paragraph (1) of Law Number 48 Year 2009 concerning Judicial Power. However, in practice the application of this principle has not been well implemented, due to the absence of the defendant in the trial process. Based on this fact, there are 3 problem statements in the writing of this thesis, namely: First How is the application of the Audi Et Alteram Partem principle in the Default Case in the absence of the defendant in the Pekanbaru district court decision? Second How is the resolution of the Audi Et Alteram Partem principle in the Default Case in the absence of the defendant in the Pekanbaru District Court? and the obstacles faced by the Pekanbaru District Court judges in applying the principle of Audi Et Alteram Partem to the Default Case in the absence of the defendant?This type of research is sociological research, because this study the author directly conducts research at the location or place under study in order to provide a complete and clear picture of the problem under study. The study was conducted at the Pekanbaru District Court, while the population and sample were all parties concerned with the problem under study, the data sources used were primary data, secondary data, and tertiary data, the data collection techniques in this study were interviews and literature review.From the results of this study have 3 main things that can be concluded. First. The application of the Audi Et Alteram Partem principle has not gone well in the Pekanbaru District Court. Second, the settlement of the case for default in the absence of the defendant. Third, the obstacle faced by the judge is the inactivity of the defendant to attend the trial process.Keywords: Application-principle-Audi Et Alteram Partem-Absenteeism
PEREDARAN IKAN KALENG YANG MENGANDUNG CACING DI KECAMATAN MARPOYAN DAMAI WILAYAH KOTA PEKANBARU TAHUN 2018 Prasetyo, Eko; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Canned fish are fish and fish products that have been processed, packagedin airtight cans, and given heat to kill the bacteria inside and ripen it. But sometime ago the discovery of worms in canned fish, and the type of fish is mackerel.BPOM has conducted sampling and testing of 541 fish samples in cannedcontainers consisting of 66 brands. The test results showed that 27 brandspositively contained worm parasites, consisting of 16 brands of imported productsand 11 brands of domestic products. Based on Law Number 8 of 1999, businessactors are responsible for guaranteeing the quality of goods traded. In the eventof a consumer loss, the business actor is obliged to provide compensation andanti-loss to the consumer. The purpose of this study, first is to find out theresponsibility of business actors for the circulation of canned fish containingworms and to the loss of consumers in the city of Pekanbaru, and secondly to findout the sanctions given to business actors.In this study the author uses the empirical method, another term used issociological. The study of the effectiveness of the laws that apply in society andidentify unwritten laws that apply in the community. In this case the researcherconducts research on business actors and community members in Pekanbaru,especially the Marpoyan Damai District. In collecting data, the types of data usedin this study are primary data and secondary data, namely directly throughrespondents (field), Law Number 8 of 1999 concerning Consumer Protection, LawNumber 18 of 2012 concerning Food legal journals and books - books related toresearch. Analysis of this data is done qualitatively and deductively drawnconclusions.From the results of the research in this thesis, there are two main thingsthat are concluded, namely First, the form of the responsibility of the businessactor to the loss of consumers in the City of Pekanbaru. And second, sanctionsgiven to businesses in Pekanbaru City, Marpoyan Damai District.Keywords: Consumer - Responsibility - Business actor - Consumer Protection
PELAKSANAAN PERJANJIAN POLA KREDIT KOPERASI PRIMER ANGGOTA (KKPA) DI PT. KTU ASTRA YANG DIKELOLA OLEH KOPERASI RIMBA MUTIARA Ilahi, Yudhi Fasrah; Firdaus, Firdaus; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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The agreement is a legal relationship regarding property between two parties, in which one partypromises or is considered promising to do something or not. The main issues discussed in this paper areregarding agreements or provisions made by cooperatives in RAT number 15 / KOP-RM / TR / X / 11deciding in the second part namely To Participant Farmers who have been determined, Prohibited fromSelling Buy Palm Oil Plantation Land ( KKPA). Violated or Not implemented by members of the pearljungle cooperative in Siak district, Koto Gasip district.The research method used is empirical research, another term used is Sociological legal researchalso called field research and this research is descriptive. In data collection, the types of data used in thisstudy are primary data and secondary data, namely directly through respondents (field), Law Number 18Year 2004 concerning Plantation, Civil Code, legal journals and books - books related to research. Analysisof this data is done qualitatively and deductively drawn conclusions.From the results of research conducted by the author, it was found that there were still farmers whowere members of the KKPA who sold their oil palm plantation to other parties. So that the regulationNumber: 15 / KOP-RM / TR // 11 in deciding sets out the second part: "to the participating farmers whohave been determined, it is prohibited to trade in the palm oil." Not applicable.So that based on this matter, strict sanctions are needed, be it administrative sanctions or criminalsanctions for parties to carry out the buying and selling process so that regulations made by cooperativescan be enforced.Keywords : Agreement, cooperatives and farmers of KKPA members
PERJANJIAN KERJASAMA WARALABA, ANTARA PT. RAOS ANEKA PANGAN DENGAN NY. HJ. MARYENIK YANDA, SH. *, lhamdi; Hendra, Rahmad; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 1, No 2 (2014): Wisuda Oktober 2014
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ABSTRAKThe franchice agreement has distinctive characteristics of this form of agreement in general. Clause franchise agreements generaly even been determined by government regulation number 42 of 2007 on franchise.To ensure legal certainty in the franchise business franchisor and franchisee always make the franchise agreement. The franchise agreement is a very important position in the franchise business, to get a Franchise Registration Certificate. The purpose of this thesis to determine the rights and obligations of the franchisor and the franchisee in a franchise business execution raos noodles and to investigate the problems and constraints to the implementation of the franchise raos noodles under the franchise agreement, between PT. Raos Aneka Pangan with Ny. Hj. Maryenik Yanda, SH. This type of research is empirical juridical research. Empirical legal research is primarily a study of the laws of nature describe or depict a conflict between the law in books and law in actions. The data source used is the primary law, secondary and tertiary. From the results of this study concluded, the rights and obligations in the execution of the franchise agreement, is required to be made in the content of the franchise agreement as mandated by Article 5 of Government Regulation No. 42 Year 2007 on Franchising. While the problems and obstacles that a lack of attention in fostering business Franchisor Franchisee Franchisee thus can be considered to run his own business.Keywords: Franchise Agreement, Franchisee And Franchisor.
SANKSI ADAT TERHADAP PERKAWINAN SESAMA ANAK TIRI DI NAGARI CANDUANG KOTO LAWEH KABUPATEN AGAM SUMATERA BARAT Kartika, Ory; Kusuma, Zulfikar Jaya; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Marriage is an inner bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the Godhead. Not all marriages can be held even though the marriage has met the harmonious terms and conditions specified. Just as the marriage that took place in Nagari Canduang Koto Laweh is done by a fellow stepchild or stepbrother where the marriage is prohibited by the customs prevailing in Nagari Canduang Koto Laweh.Some of the issues that will be discussed in this thesis are: First, how the Minangkabau customary law regulates the marriage of stepchildren and the development of marital institutions. Second, how are the traditional sanctions on the marriage of fellow stepchildren in Nagari Canduang Koto Laweh, Agam Regency, West Sumatra. The type of research used is sociological research in the form of research on legal identification (unwritten law).Based on the results of this study it can be concluded that: First, the Minangkabau customary law which applies in the Canduang Koto Laweh village does not allow the marriage of fellow stepchildren because it has not happened before and is usually done by the people in Canduang nagari. Secondly, Niniak Mamak and the local community provide some sanctions to those who carry out the marriage because they have violated the prevailing customs.The advice that can be given is that in the future there will be no more traditional violations such as the marriage of fellow stepchildren or marriages made with stepbrothers in Nagari Canduang Koto Laweh so that the customs in Nagari Canduang remain upheld by the people in Nagari Canduang and sanctions are given explicitly to those who violate adat so that they are not imitated by other communities.Keywords: Customary Sanctions, Stepchild Marriage, Nagari Canduang Koto Laweh
PELAKSANAAN PERLINDUNGAN HUKUM TERHADAP ANGGOTA MULTI LEVEL MARKETING PT. MELIA SEHAT SEJAHTERA DI PEKANBARU DITINJAU DARI UNDANG-UNDANG NOMOR 8TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN Rahim, Randu Aditya; Bachtiar, Maryati; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 1 (2019): Januari -Juni 2019
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Literally Multi Level Marketing is marketing carried out through many levels or levels, which are usually known as up line (top level) and down line (lower level). PT Melia Sehat Sejahtera is a multi-level marketing company engaged in the field of health, namely herbal medicine. There are 2 products, namely Melia Propolis and Melia Biyang, in its development there are many consumers who are also members of the PT Melia Sehat Sejahtera MLM network getting inappropriate results as explained by the distributors or Top Leader of PT. Melia Sehat Sejahtera. As for the purpose of this study is First, To find out the implementation of legal protection against members of multi-level marketing PT. Melia Sehat Sejahtera in Pekanbaru is reviewed from Law Number 8 of 1999 concerning Consumer Protection. Second, to find out the responsibilities of Multi Level Marketing Top Leaders at PT. Melia Sehat Sejahtera towards its Downline was reviewed from Law Number 8 of 1999 concerning Consumer Protection.This research is sociological legal research that is research that wants to see the unity between law and society with the gap between das sollen and das sein. This research was conducted in the area of Pekanbaru City precisely by PT. Melia Sehat Sejahtera, while the population and sample are all parties related to the problems examined in this study, the data sources used, primary data, and secondary data, data collection techniques in this study were conducted through interviews, literature review.The conclusions of this study are, First, the form of legal protection for members of PT. MSS Multi Level Marketing has not yet been realized, due to the lack of seriousness of the parties involved, whether from the MLM member PT. MSS, regulations related to business activities Multi Level Marketing is considered not able to provide protection for consumers of Multi Level Marketing. Second, Top Leader Responsibilities do not cover all responsibility for losses obtained by MLM members / members of PT. MSS, Top Leaders Only have moral responsibility as a leader of MLM networks. Because the responsibility for downlines that suffer losses is the responsibility of the business actor, namely PT. MSS as explained in Article 1367 of the Civil Code, Law Number 8 of 1999 concerning consumer protection and Article 2 Letter M of the Minister of Trade of the Republic of Indonesia / M-DAG / PER / 8/2008. The author's advice on the problems studied is First. In order to realize the implementation of the Multi Level Marketing consumer protection of PT. MSS, effective steps from the government, especially to BPSK, are needed to take firm action against Multi Level Marketing businesses that cause losses to the community. Both Governments pay more attention to consumer protection laws because of weak consumer protection. The main factor which is the weakness of consumers is the level of consumer awareness of their rights is still low. This is mainly due to low consumer education. Therefore, the Consumer Protection Act is intended to be a strong legal basis for the government and non-governmental consumer protection institutions to make efforts to empower consumers through guidance and consumer education.Keywords: Legal protection-Multi Level Marketing-Consumers-Top Leaders
PERLINDUNGAN HUKUM TERHADAP SOPIR JASA EKSPEDISI YANG BEKERJA PADA PERUSAHAAN CV(COMMANDITAIRE VENNOOTSCHAP) DI KOTA DUMAI Rahma, Waliyul; Deliana, Evi; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Legal protection of labor is undertaken to ensure harmonious employment withoutany pressure from other stronger party. In Act Number 13 of 2003 on Manpower,there is a normative guarantee of the rights of the wholesale workers but is notimplementation and difficult to implement which in the reality there are stilloffenses that occured while the law enforcement was unclear, the scope of workwhich the legal protections still unclear is to the driver of the expedition service in the city of Dumai. The problems in this study were formulated: (1) How is the legal form of the driver of the expedition service in the city of Dumai? (2) What is the inhibiting factor for legal protection for expedition service drivers in the city of Dumai?.This research was conducted through sociologis and empirical approach withprimary data, secondary data and tertiary data, which each data obtained fromlibrary research and field. Qualitative design was applied in this research toanalyse the data.Implementation of legislation that exists or runs is still far from what is expected, for this reason the supervision of the supervisor of the authorized agency is expected to work optimally so that protection for workers and is achieved according to its objectives.Keywords: Legal Protection, Employment, Expedition Services Driver, Company
KEDUDUKAN KREDITOR PREFEREN DALAM KEPAILITAN SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 67/PUU-XI/2013 DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 37 TAHUN 2004 TENTANG KEPAILITAN DAN PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG Aprianto, Samuel; Ismi, Hayatul; Fitriani, Riska
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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In bankruptcy accordance with Article 55 paragraph (1) of Law no. 37/2004 on Bankruptcy and Postponement of Paying off Debt, states that creditors holding material security or commonly called separatist creditors can execute their rights as if bankruptcy did not occur, which means they have separate rights and a higher position than creditors who don?t hold rights material in the distribution of bankrupt assets, especially preferred creditors whose assets are part of bankrupt assets. The results of the study stated that after the Constitutional Court Decision No. 67 / PUU-XI / 2013 which interprets Article 95 of the Manpower Law, the position of separatist creditors who used to be higher than the position of laborers' wages, now below the Wages of Laborers who are preferred creditors. Based on the provisions of Article 1134, it is valid for special creditors who do not hold the right of guarantee to take precedence as long as it is regulated by law to prioritize their payments from creditors holding material security rights holders, because they have a valid reason for prior payment. But the implication of the adoption of the Constitutional Court Decision Number 67 / PUU-XI / 2013 is the reduction of the Security Rights of the separatist creditor as the holder of the right to the object guaranteed to give priority to payment (droit de de preferece) than other creditors (Article 1150 of the Civil Code), and cause legal uncertainty regarding the position of preferred creditors and separatist creditors because the material security asset is not part of the bankrupt assets.Keywords: Secured Creditor-Wages Of Laborers
Co-Authors ', Addina ', Firdaus ', Firdaus ', Hazlan ', Rahmayeti , Angelina , Firdaus Adilah, Helfi Adilah, Helfi Adinata, Rendra Fitra Ahmad Ade Saputra, Ahmad Ade Ahmad Sobari Amelia, Vivi Anbari, Rasyid Andriani, Dedek Suci Andrinal, Doni ANGGA KURNIAWAN A.P, ANGGA KURNIAWAN Anugeraha, Rendra Aprianto, Samuel Ariyana Rezki Ananda, Ariyana Rezki Asrini Juniati Gultom Bachtiar, Maryati Bangun, Desi Batu, Debora Angela Lumban Bernando, David Bilqis, Maharani Bondes, Silvya Pramunesa Bonita Sihombing, Marta Afdel CLINTON, BILL Darmawanto, Setia Darmawati Darmawati Darwita, Maylia Deo Andika Putra S Derma, Robby Desprianda, Tedy Dio, Ibnu Rahmat Dona, Jusma Efendi, Sumardi Eko Prasetyo Elsa, Marisa Emilda Firdaus Evi Deliana, Evi Fadhilah, MHD Fauma, Riyan Fauzan, Aidil Rahmat Fazariansyah, Bayu Fazrian, Diko Fenty Rizka Astari, Fenty Rizka Fernandes, Roberto Fhatya Amanda Lubis, Fhatya Amanda Fiena Ariestya, Fiena Firdaus Firdaus Firmansyah, Doni Fitria, Meta Frisri, Alika Nanda Gaol, Renny Renovawaty Lumban Ginting, Irma Esterina Hafzi, Wahyu Hani, Tantri Ummu Harani Fitryan Hariyawati, Desi Hayatul Ismi Hendri, Hoga Retmi Herlinda Mansyur Hidayat, Reski Hutasoit, Christian P.W. Ibnu Hajar Ilahi, Yudhi Fasrah Ilmi, Kaspul Indah Sari Lubis, Indah Sari Ivoni Saraswati, Ivoni Karlina, Neneng Kartika, Ory Khairun Nisa Kurniawan, T.Agung lasoma, Kalys khairy Ledy Diana lhamdi * Lisca Vontya Arifin LOKA PURBA, LOLA VITA Lubis, Erick Rianto F. Lubis, Putri Nurhasanah M. Natsir MALELA, GITA REGINA Manurung, Nancy Roseline Mardalena Hanifah Maryati Bachtiar Melati, Fahra Agustina Mila Puspita Sari, Mila Puspita Miyana, Muhammad Noer Geo Muhammad Fahrurrozi, Muhammad Muhammad Ikhsan Awaljon Putra, Muhammad Ikhsan Nadeak, Niko Ardian Nadya, Teti Nasrian, Hendro Nasution, Haris Nazara, Ramelan Nola, Nelvia Gusti Nova Fitria, Nova Nova Kristina, Nova Nuraini Pane, Nuraini P, Agus Jonatan Petrus, Ngajulu Prajwalita, Rezkie Pratama, Iqbal Sonta Pratama, Rizki Pratomo, Bobby Farras Prawidya Destarianto Putra, Try Alda Putra, Yulsandi Pramana Putri, Ananda Jelita R, Arnoldus Daniel Rahim, Randu Aditya Rahma, Waliyul Rahmad Hendra Rahmadona, Intan Ramadhana F., Reza Ramadhani, Theola Ramali, Dinda Febriani Rasyad, Fuad Muhammad Abdul Salam Reverly, Regina Riad Syech RIDHO KURNIAWAN, RIDHO Rifa Yendi Fauzir Rika Lesatari, Rika Rika Lestari Ririn Erida Hutagaol, Ririn Erida S, Suryadiansyah Sagala, Alberto Syahputra Saiful Anwar Saleha Saleha Saputri, Nini Setiadi, Muhammad Yogi Setiawan, Dede Shelly Novita Sibarani, Rio Julivan Sidabutar, Rahmat Marianus Sijabat, Adrianus Silaban, Melkisedek Vajar Simamora, Novalia Simamora, Try Jaya Sinabariba, Yan Weilly Parsaoran Sirait, Tryavelia Siska, Nia Sitepu, Yemima Br. Suhendra, Dede Syafitri, Thannisa Dwi Syarli, Rosya Luni Tanjung, Hardina Topan, Wisnu Tria Hasanudin, Tria Triani, Yeni Ubaidillah, M. Arbi Ulfasari, Sofiya Usman Malik Valgunadi, Muhammad Vida Rianita Ginting W, Debby Novalita Wahyudi, Arista Wahyuni, Maida Yessi Seftiani Yolanda, Sri Yani Z, Grace Elizabeth S Zonia, Rizkiyah Putri Zulfikar Jaya Kusuma Zulfikar Jayakusuma