Erdianto Effendi
Dosen Hukum Pidana Fakultas Hukum Universitas Riau

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PERBANDINGAN PUTUSAN PENGADILAN TINDAK PIDANA KORUPSI NOMOR 62/PID.SUS-TPK/2016/PN.PBR DENGAN PUTUSAN NOMOR 2233 K/PID.SUS/2017 TERKAIT TINDAK PIDANA SUAP Bijaksono, Athfal Habiby; Effendi, Erdianto; ', Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Corruption is one form of crime that damages national discipline. Things that are done insociety and society do not go well, causing financial impacts and decreasing national morale. Thepractice of corruption spreads in several State institutions such as the executive, legislative, andjudiciary both central and regional. The act of criminal offenses is one of the impacts on the socialand economic rights of the community. One of the Singer Corruption Crime cases because bribeAPBD-P 2014 dan RAPBD 2015 Interesting Singer Decision for review was reviewed there was adisparity in decision betwen defendant I and defendant II, because in the First Court the DefendantII was acquitted by the panel of judges. Then the public prosecutor at the Indonesian CorruptionEradication Commission filed a cassation law at the Supreme Court level, in which Tyris II wasfound guilty. The purpose of Singer Thesis Writing, namely: First, to review the basic basis of theJudge's consideration in dropping case decision number 62 / Pid.Sus-TPK / 2016 / PN.Pbr withCase Verdict Number 2233 K / Pid.Sus / 2017 defendant. second, to find out the power of proof inCase Number 2233 K / Pid.Sus / 2017 at the Supreme Court Cassation level.Operating Singer Research can be classified in the type of normative legal research,descriptive singer research is, that is, a research that describes operating clearly and in detailregarding the construction of judges' thinking in imposing criminal acts on corruption, data sourcesthat are used secondary data consisting of primary legal material , secondary legal materials, andtertiary legal materials, techniques for entering data in this study by studying the literature, after thedata collected is then analyzed to draw conclusions.From the results of research and discussion there are two things that can be concluded. First,Judex facti basic considerations using the way of Thinking Legism / Positivism and following anarrow meaning about the notion of Corruption Crime and tends to prioritize Judge Beliefs withoutconsidering evidence according to Article 184 paragraph (1) of the Criminal Procedure Code. Therationale of the cassation law on Judex Juris, the judge put forward on the spirit of progressive lawnamely juridical, philosophical and sociological decisions, the creator of a sense of justice andexpediency. Second, the strength of evidence in the cassation level is the dimensions of courtdecisions based on the theory of coherence or consistency, namely the truth that proves one thingthat is related to Article 184 of the Criminal Procedure Code. In Article 188 of the CriminalProcedure Code the application of the applicable provisions to determine its provisions.Keywords: Corruption Crime - Judge Decision - Proof
PENERAPAN RESTORATIVE JUSTICE TERHADAP TINDAK PIDANA PENCURIAN (STUDI KASUS KEPOLISIAN RESOR PASAMANBARAT) Hidayat, Roy; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 5, No 2 (2018): Juli - Desember
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Creating a firm, honest and consistent law enforcement attitude towards the will of law and law enforcement for Police investigators is not easy. At least a strong moral commitment is needed, to carry out the task, police investigators are given the authority of a personal nature, as mentioned in Article 7 Paragraph (1) point j and the Police Law Article 16 paragraph (1) point 1 and Article 18, which authorizes "may take other action", with "certain conditions" and it is synonymous with the term police discretion. Like No. LP: 199 / VI / 2016. SPKT.PASBAR. to this writing is First, knowing any theft cases are resolved through restorative justice by Police Pasaman Barat. Second, knowing the process of settlement of criminal theft through restorative justice in Polres West Pasaman. This writing uses the type of legal research method of sociological law research, namely as an effort to see the effect of the validity of positive law on community life, because in this study the author directly mangadakan research on the location or place studied in order to provide a complete and clear picture of the problem studied. While in view of its nature is descriptive, the research that gives a clear and detailed description of the problems studied by the author. From the results of research problems there are two main things that can be concluded. First, the case of theft which was settled through restorative justice by West Pasaman Police in 2016 was the case of theft of palm oil as much as 22 cases, theft of cattle as many as 8 cases and theft of mobile phones as many as 16 cases, with a total of 38 cases. This means that the settlement of a simple criminal offense by promoting restorative justice can be said to be a manifestation of the implementation of progressive law, because basically its main objective is the public interest. In this case, Police investigators West Pasaman Police put the law to be more in accordance with what is wanted by the community, so that the true objective law can be achieved. Second, the process of settling criminal theft through restorative justice in West Pasaman Police is not necessarily applicable to any criminal case, only the criminal act which is light and seen also casuistically, is not feasible, the crime is solved by restorative justice. On the other hand, restorative justice itself is exempted from being applied to cases of criminal offenses that have been perpetrated or perpetrators of perpetrators and have caused unrest for the community at risk of criminal punishment (penal sanctions) as a form of settlement.Keywords: Restorative justice - Discretion - Theft Crime
TINJAUAN YURIDIS PIDANA MATI TERHADAP TINDAK PIDANA TERORISME PERSFEKTIF HAK ASASI MANUSIA Lestari, Fuji; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Criminal law is the norms that contain the necessities and prohibitions which the legislators formhave been associated with a sanction in the form of punishment, namely a special suffering. Criminal is asentence imposed on someone who is proven legally and convincingly commits a crime. In evidence ofteninterpreted as an effort to foster his personality in accordance with the values in society and culture. The deathpenalty is considered as a punishment that makes a deterrent effect for a crime. In Human Rights a set of rightsthat are inherent in the nature and existence of human beings as the supreme godhead and are a gift that mustbe respected, at the highest end and protected by the State, law and government, and every person for honorand protection of dignity human. Based on this understanding the writer of this thesis formulates twoformulations of the problem, namely: first, What are the views and perspectives of criminal law and humanrights in Indonesia on the implementation of capitalism perpetrators of terrorism, Second What is the basis forconsidering justifiers of criminal sanctions against terrorism.In the results of the problem research there are two main things that can be concluded. First, thecontradictory view of the application of the death penalty (abolitionist) in Indonesia. Meanwhile, the view thatis pro-retentionist assumes that capital punishment must still be maintained and applied only to extraordinarycrime such as terrorism, to applied by this group considers that the death penalty will provide a deterrenteffect, so that it will prevent the recurrence of similar crimes by other people. See again from the view ofhuman rights. The two basic considerations for justifying the death of law for terrorism are three, in terms ofsociological, ideological, philosophical juridical.Keywords: Crime, Views of Death Penalty, Terrorism, Human Rights
ANALISIS YURIDIS PEMBUKTIAN UNSUR-UNSUR TINDAK KEJAHATAN GENOSIDA TERHADAP SUKU ROHINGYA DITINJAU DARI PASAL 6 STATUTA ROMA 1998 S, Agrialdo Gamaliel; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Article 6 of the Rome Statute of 1998 provides an understanding of genocide, namelycrime with the intention of destroying in whole or in part a group based on nation, race,ethnicity or religion. The intended destruction can be done with various forms of crime: Killingmembers of the group, causing severe injuries or mental damage to group members,Deliberately threatening the lives of group members that cause physical injuries both in part andin whole, Perform actions intended to prevent births in groups, Forcibly transferring childrenfrom one group to another. The Myanmar government is alleged to have committed violenceagainst body and soul, murder, hostage taking, rape for personal honor. But this has not yetbeen completed and there is no certainty regarding genocide to Rohingya ethnic groups. Indeed,to prove it according to the Rome Statute is quite difficult because Myanmar has not ratified theRome Statute. Myanmar has also not officially reported whether they conducted an investigationand or legal effort. Because in Article 51 of the Rome Statute to prove that there must be a partyconcerned (Myanmar).Scientific writing aims to: First, to find out the elements of genocide crime committed byMyanmar against Rohingya ethnicity. Second, to find out the proof of the elements of thegenocide crime against the Rohingya ethnicity, reviewed in Article 6 of the Rome Statute of1998.The writing of this paper uses normative legal research methods by pointing to thehistory of law which describes the history of genocide and the causes of genocide crimescommitted by Myanmar, where the writing collected data from literature, related regulations,related documents and analyzed using qualitative methods to draw conclusions.From the results of this research, to prove that genocide elements in Myanmar first paidattention to whether Myanmar had conducted a trial of genocide perpetrators, it turned out thatthere was no trial there, so that the International Criminal Court (ICC) conducted aninvestigation directly into Myanmar to prove the existence of genocide there.Keyword : Rohingya, Genocide, Interntional Criminal Court
TINJAUAN YURIDIS TINDAK PIDANA KEKERASAN TERHADAP ANAK DARI PERSPEKTIF HUKUM PIDANA NASIONAL DAN HUKUM PIDANA ISLAM Ramadhana, Rhizkita; Effendi, Erdianto; Putri, Adi Tiara
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Violence against children in Indonesian national law is a crime. Violence against children is often identified with invisible violence, such as physical and sexual violence. In fact, psychological and social (structural) violence also has a negative and permanent impact on children. In Islamic Law, physical violence against children includes the act of Jarimah (Arabic), which is an unlawful act in which the offender receives a sanction or punishment . Besides that basically all religions reject violence as a principle in carrying out an act of immoral nature that requires coercion of other parties which means violation of the principle of freedom of social interaction.This type of research can be classified into normative juridical type of research, namely research conducted by examining literature discussion with secondary data sources consisting of primary legal material in the form of legislation, secondary legal materials, legal books, and tertiary legal materials in the form of dictionaries. Then the data were analyzed qualitatively, namely analyzing descriptive data obtained from secondary data.From the results of the study it can be concluded that, first, if in national law the types or forms of violence are categorized into two, namely severe maltreatment and minor maltreatment. Whereas in Islamic criminal law, violence is categorized into three, namely deliberate maltreatment, semi-deliberate maltreatment, and inadvertent maltreatment. The form of sanctions that are applied in national law for acts of violence against children is regulated in Article 80-82 of Law Number 35 Year 2014 concerning Child Protection, and in Islamic criminal law sanctions are given according to the category of violence, which can be in the form of qishas, diyat punishment, or ta'zir punishment. Second, the value of regulating children in the Islamic criminal law system when compared with positive law both have many significant differences. Values that can be adopted into national law, one of which is the application of penalties / sanctions to perpetrators by applying the qishas penalty, diyat punishment, or ta'zir punishment, legal protection for victims of crime as part of protection to the public, can be realized in the form of providing compensation directly to child victims not to the State.Keywords: Criminal Acts - Violence in Children - National Law - Islamic Criminal Law
TANGGUNG JAWAB PENYIDIK DALAM MENGAMANKAN BARANG BUKTI TINDAK PIDANA NARKOTIKA DI WILAYAH HUKUM KEPOLISIAN DAERAH RIAU RA, M. FAUZY; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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In 2018 the handling of drug crime cases in Riau has increased, comparedto 2017, the number of drug case handling rose from 1395 to 1900 cases. Thenumber of suspects also increased, from 1949 suspects in 2017 to 2647 suspectsin 2018. In the data, the number of evidence of drug addiction increased but itwas found that in the investigation process the amount of evidence secured wasreduced in number. The cause of the many cases in securing evidence of narcoticscrimes committed by investigators occurring in Indonesia cannot be deniedbecause of the lack of professionalism and performance of law enforcementofficers. If after the process takes place there is an error in determining thesuspect, then it can be questioned to the extent that officers and investigators playa role with their responsibilities in carrying out criminal proceedings.This type of research can be classified in the type of sociological legalresearch (empirical), because in this study the author immediately conductsresearch on the location or place under study in order to provide a complete andclear picture of the problem under study. This research was carried out in theRiau Regional Police jurisdiction, while the population and samples were theRiau Regional Police, Investigators of the Riau Regional Police and Actors ofNarcotics. The data sources used are primary data, and secondary data. Datacollection techniques in this study were interviews, questionnaires, and literaturereview.The conclusions that can be obtained from the results of the study areFirst, Legal Arrangements concerning investigations in securing evidence ofNarcotics crime are clearly and clearly regulated, but in practice are still oftenignored by law enforcement officials in conducting investigations. Second, theinvestigator's responsibility in securing evidence of narcotics crime, especially inthe Riau Regional Police jurisdiction, is still unprofessional in securing evidenceof narcotics crime and Third, Riau Regional Police Factors and Constraints insecuring evidence of Narcotics crime include lack of integrity of investigators whoare authorized to secure evidence of Narcotics crimeKeywords: Responsibility, Investigator, Evidence, Crime, Narcotics,
PENEGAKAN HUKUM TINDAK PIDANA PENYELUNDUPAN BARANG BEKAS OLEH KEPOLISIAN RESOR INDRAGIRI HILIR Fardika, Devia Fitriana; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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IndonesiaThe problem of eradicating smuggling of used clothing will still be an interesting topic ofdiscussion among law enforcers, because this problem is one of the main objectives in carrying out lawenforcement duties and several negotiations related to licensing and licensing for the import and export ofgoods. State losses due to smuggling of used clothing reached trillions of rupiah. Law enforcement officialshave not been able to carry out effective enforcement and enforcement because both sanctions and sanctionsdo not provide a deterrent effect for the protectors. Law enforcers or the government have not been able tosave themselves for smuggling members because of the fact that there is still a lot of circulation of usedclothing. Adding to this proves that the pattern of law enforcement in the Tembilahan city area is still weakand does not run optimally, therefore, the author intends to examine the policies that have been implementedby the Tembilahan city government to connect increasingly illegal goods. The purpose of remembering thisthesis is: First to study the law enforcement of criminal acts of used goods recovery by the Tembilahan CityResort Police, Secondly to understand the contradiction in the law enforcement of criminal acts ofsmuggling of used goods by Tembilahan City Resort Police.This type of research is classified in sociological legal research. This legal research uses populationand sample research techniques, the data sources used are primary data, secondary data and tertiary data,while the data collection techniques in this study are by method of observation, interviews and libraryresearch.The results of the study can be concluded. First, Law Enforcement of criminal acts of smuggling ofused goods by Tembilahan City Resort police. Suggestions from research results The government should bemore assertive in combating the smuggling of used goods in Indonesia which is concentrated in the city ofTembilahan, and follow up on researchers who conduct rescue with assistance or assistance that can bedone by the deterrent.Keyword: Law Enforcement- Criminal Offense-Smuggling Of Used Goods-Tembilahan City Police.
PEMBUKTIAN MENS REA DALAM TINDAK PIDANA PENCUCIAN UANG BAGI PELAKU PASIF Zaki, Ahmad; Effendi, Erdianto; Ferawati, Ferawati
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Cultural heritage is a nation's indispensable identity to promote Indonesia's national culture. Cultural heritage includes the culture of tangible cultural heritage and intangible cultural heritage. Indonesia's cultural heritage that has been registered and managed by the Directorate General of Culture to date has amounted to 594 cultural works. The cultural work consists of 137 people's customs, rites and celebrations; 160 works of traditional skills and crafts; 31 cultural works in the field of knowledge and behavioral habits concerning the universe; 69 in the field of tradition and oral expression, as well as 197 cultural works related to performing arts. Silek Lintau is one of the performing arts. Currently Silek Lintau is more popular in foreign country than in Indonesia, so Silek Lintau needs to be protected.This study uses a sociological legal research typology or so-called non-doctrinal legal research, more specifically discussing the effectiveness of the law. In this study the author uses the nature of descriptive research, because the authors describe Implementation of Unesco Convention For The Safeguarding Of The Intangible Cultural Heritage 2003 In Protecting Silek Lintau. The results of the research conducted by the author is, first Silek Lintau can be protected internationally through Convention UNESCO Convention For The Safeguarding Of The Intangible Cultural Heritage 2003. Besides can be protected through the Regime of UNESCO 2003, Silek Lintau can also be protected through Intellectual Property Rights Regime, at UNESCO Convention On The Protection And Promotion Of The Diversity Of Cultural Expression 2005. Central and local governments are obliged to advance the culture of the Indonesian nation. In protecting the culture, there are various obstacles, including the erosion of cultural values due to lack of appreciation from the younger generationKeywords: Protection - International - Silek Lintau - UNESCO Convention
IMPLEMENTASI PELAKSANAAN HAK ASASI TERSANGKA TINDAK PIDANA PELANGGARAN PASAL 310 AYAT 4 UNDANG-UNDANG NO 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN (STUDI KASUS DI KEPOLISIAN RESOR KUANTAN SINGINGI) Afrianti, Henny; Effendi, Erdianto; Diana, Ledy
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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Human rights are the rights of every individual that must be protected and must be respected by everyone. In Indonesia, human rights are explicitly stated in the Post-Amendment 1945 Constitution. Likewise, the human rights of the perpetrators or suspects in criminal offenses in violation of Article 310 Paragraph (4) due to their negligence cause traffic accidents resulting in other deaths. In this case the referred human rights in the form of legal protection of perpetrators or suspects. Legal protection for victims of traffic accidents must be provided, as well as legal protection for offenders because of negligence is entitled to get the same protection. Because in these accidents often the mistakes are not entirely from traffic violators, negligence can be done by the victims themselves.The purpose of writing this thesis, namely: First, to find out whether fully carried out human rights against perpetrators of traffic violators or suspects because of negligence caused traffic accidents and caused others to die, Second, to find out the obstacles in implementing human rights against perpetrators of past violators cross or suspect. The research method used in this study is the type of sociological research, namely the interview method within the Kuantan Singingi Police Department.From the results of the study, based on two problem formulations can be concluded. First, the implementation of the human rights of a criminal offense in violation of Article 310 Paragraph (4) of Law Number 22 Year 2009 concerning Traffic and Road Transportation in the Kuantan Singingi Police Station in the form of legal protection for suspects is still not fully fulfilled, there are rights of the suspect which have not yet been achieved, among these rights are legal protection such as: the perpetrator is immediately secured at the nearest police station, detains the perpetrator, provides understanding / understanding to the perpetrator, makes arrests based on the rules stipulated in the Criminal Procedure Code . Second, the obstacles faced by the Kuantan Singingi District Police in carrying out the rights of suspects in traffic offenses namely the victim's family do not want to do an autopsy examination of the bodies of the accident victims, the perpetrators are difficult to question, ask the police not to proceed with the case to court, it is difficult looking for witnesses in the incident, There is a mutual agreement between the parties, the limited number of state lawyers in Kuantan Singingi Regency for suspects, cell rooms or detainees that are still lacking for suspects in traffic accident cases.Keywords: Implementation - HAM - Suspect - Traffic Accident
ANALISIS HUKUM TENTANG TINGKAT KESADARAN MASYARAKAT DALAM MELAPORKAN TINDAK PIDANA PENCURIAN KEPADA PIHAK KEPOLISIAN DI KOTA PEKANBARU Safira, Dini Adelia; Effendi, Erdianto; Edorita, Widia
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 6, No 2 (2019): Juli - Desember 2019
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In big cities like Pekanbaru City, many crimes occur because of a very dense population, a difficulteconomy, low education, and limited employment. As for crime, the intensity of which is currently increasingis theft. Whether it's theft in the house, or in crowded places such as in markets, on the streets, in publictransportation, and various other places. Indirectly, crime reports by the public can prevent the occurrenceof similar crimes from happening to others. By processing legally and providing a deterrent effect for theperpetrators to reduce other victims. The purpose of this thesis is; First, to find out the factors that influencethe community tend not to report criminal acts to the police, Second, to find out law enforcement efforts inincreasing public legal awareness.This type of research is sociological, because in this study the authors directly conducted research atthe location under study, in order to provide a complete picture of the problem under study. This researchwas conducted at the Pekanbaru City Police Department, while the population and sample were all partiesrelated to the problem studied in this study, the data sources used were primary data and secondary data,data collection techniques in this study with questionnaires, interviews, and studies literature.From the results of the study there were two main points that were concluded; First, the factors thatinfluence the community tend not to report criminal acts to the police in Pekanbaru City consist of nocertainty of stolen goods returned, a complicated process that requires no small cost, does not have legalknowledge, and does not have time to report. Second, law enforcement efforts in increasing public legalawareness are to increase cooperation between the police and the community, efforts to prevent crime andeducative efforts. The author's suggestion, First, To the Pekanbaru City Police Department can increasepublic legal awareness by conducting counseling, seminars, and other activities regarding the importance ofunderstanding the law and being in accordance with the law. Second, to the community to be able tocooperate and participate with the police in protecting the shared environment.Keywords : Legal Analysis ‒ Crime of Theft – Legal Awareness
Co-Authors ', Erdiansyah ', Ferawati ', Ferawati ', Wahyuni , Erdiansyah Adri, Saidil Afrialdo, Masrizal Ahmad Zaki Ananta, Bella Anugrah, Roby Aprianti, Gusni Arief Laksamana Ayu Yohana Putri, Ayu Yohana Bijaksono, Athfal Habiby Caryn, Caryn Davit Rahmadan Davit Rahmadan Davit Rahmadan Dessy Artina Diana Diana Ega Septianing Yudhiati, Ega Septianing Elmayanti Elmayanti, Elmayanti Erwin, Risto Fajar, Muhammad Abdul Fardika, Devia Fitriana Fauziah, Putri Ferawati Ferawati Ferawati Ferdian, Wan Gilang Fitri Wahyuni Fitri, Anisa Frans Bragent Silitonga Fuji Lestari Galingging, Winda Rosmauli Br Gilbranu, Dimo Gusliana HB H Riyanda Elsera Yozani, H Riyanda Halawa, Ramadani Saputra Hartina, Dian Henny Afrianti, Henny Hidayat, Roy Ikhwan Habib, Ikhwan Ilham, Khairul Irwandi, Muhammad Ishaq Ishaq Juliani, Chaterine Junaidi Junaidi Kurniawan, Raihan Larissa Evita Azalia, Larissa Evita Ledy Diana Lumbanraja, Sahala J M. Ahsanul Walidain MANALU, KRISTINA Manurung, Indah Rezeki Mexsasai Indra Muhammad Fahmi Muhammad Habibi Mukhlis R. Mulia Andri, Mulia Mulyansyah, Handi Munthe, Henry Haro Muslimin Muslimin Naldi, Syafri Napitupulu, Titir Feronika Nilma Suryani Nova Ariati Novrianto Tambunan Nst, Habi Afpandi Nugraha Azel Putra, Nugraha Azel Nurhediansyah, Redyka Oktavianus, Jeffry Martunas Pane, Paisal Arifsa Pangestu, Aji Bagus Putra, Ryanda Putri, Adi Tiara Putri, Melya Deana RA, M. FAUZY Ramadhana, Rhizkita Raynanda Simanjuntak, Raynanda Rena Yulia Rinda Yani, Rinda S, Agrialdo Gamaliel S, Mieke Christian Safira, Dini Adelia Satrio, Andreas Setia Putra Setia Putra, Setia Sibarani, Tamara Roully Sihombing, Mual Ady Putra Sinaga, Lusya Ermauli Br Syaifullah Yophi Ardianto Tomanda, Aviska Loveana Tri Dayanto Sugianto, Tri Dayanto Triboyono, Agus Ulil Abshor, Ulil Wati, Irena Widia Edorita Yanto, Fahmi Riau