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PEMIDANAAN TERHADAP PELAKU TINDAK PIDANA MELARIKAN WANITA YANG BELUM CUKUP UMUR PUTUSAN /36/Pid.B/2019 PN GST 无罪释放的妇女判决/36/Pid。B/2019 PN GST
Pub Date : 2022-12-11 DOI: 10.53363/bureau.v3i1.163
Sinta Nuriyah, Ahmad Mahyani
This type of crime against human freedom in Chapter II Chapter XVIII of the Criminal Code, which is specifically investigated in Article 332 of the Criminal Code, which means running away from an underage woman. This study explains the criminal responsibility of elderly women who have run away and legal considerations for judges deciding crimes where elderly women are not sufficient. This study uses normative research, due to criminal acts that run away from immature women. The application of punishment is not in accordance with Article 332 of the Criminal Code, namely the conflict between Article 332 of the Criminal Code and the judge's decision. People who run away with too few women can only be held accountable if they meet the criteria of criminal responsibility, in this case they can be sentenced to a maximum of 7 years in prison according to Article 332 Paragraph (1) 1st of the Criminal Code. The basis for the opinion of the judge to give a decision in the case of running away from a girl who is not yet an adult is a matter of legal consideration based on legal facts in court to prove the guilt of the defendant
这类危害人类自由罪在《刑法》第二章第十八章中,具体在《刑法》第332条中进行了调查,即从未成年妇女身上逃跑。本研究解释了老年妇女离家出走的刑事责任,以及法官判定老年妇女不足犯罪的法律考虑。本研究采用规范性研究方法,探讨因犯罪行为而离家出走的不成熟女性。刑罚的适用不符合刑法第332条,即刑法第332条与法官的判决存在冲突。只有在符合刑事责任标准的情况下,带着太少的妇女逃跑的人才能被追究责任,在这种情况下,根据《刑法》第332条第1款,他们可被判处最高7年徒刑。对于未成年少女逃跑案,法官作出判决的意见依据是基于法庭上证明被告有罪的法律事实的法律考虑问题
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引用次数: 0
ANALISIS GANTI KERUGIAN TERHADAP KORBAN SALAH TANGKAP 这是对被错误抓获受害者的损害赔偿金的分析
Pub Date : 2022-12-07 DOI: 10.53363/bureau.v2i3.81
Fajjrul Nur Ilham, Ahmad Mahyani
Investigators are at the forefront of an initial process of examining criminal cases, which then if the files are in accordance with the delegation of case files will proceed to the trial stage conducted by the prosecutor. In carrying out their duties, the Indonesian National Police or investigators must act fairly and wisely in determining the truth of a criminal case. One of the duties of the Indonesian National Police is to conduct an investigation. The investigation process is an examination mechanism in criminal cases that functions to seek sufficient information, as well as to find and collect valid evidence regarding the case and to find the suspect, this is stated in Article 1 Paragraph 2 of Law Number 8 of 1981 KUHAP. To be able to convict a defendant, there are at least two valid pieces of evidence. Evidence is regulated in Article 184 paragraph (1) of the Criminal Procedure Code, valid evidence is: a. witness testimony; b. expert testimony; c. letter; d. instruction; e. defendant's statement. But in reality, at this time there are many cases of wrongful arrests that occur, from this it can be concluded that the beginning of this wrong arrest case is in the investigation process carried out by police investigators to the role of judges to decide cases in court. This research has the aim of how the legal protection carried out by the state in terms of compensation for victims of wrongful arrests to get justice and their rights after a case of wrong arrest occurs
调查人员处于审查刑事案件的初步程序的最前线,然后,如果档案符合案件档案的授权,将进入由检察官进行的审判阶段。印度尼西亚国家警察或调查人员在履行其职责时,必须公平和明智地确定刑事案件的真相。印度尼西亚国家警察的职责之一是进行调查。调查程序是刑事案件中的一种审查机制,其功能是寻求充分的资料,以及寻找和收集有关案件的有效证据和找到嫌疑人,这一点载于1981年KUHAP第8号法律第1条第2款。要给被告定罪,至少要有两项有效证据。《刑事诉讼法》第184条第1款规定,有效证据是:a.证人证言;B.专家证词;c .信;d .指令;E.被告的陈述。但在现实中,此时发生了许多错误逮捕的案件,由此可以得出结论,这种错误逮捕案件的开始是在调查过程中由警察调查员到法官在法庭上判决案件的作用。本研究旨在探讨错误逮捕案件发生后,国家如何在赔偿方面对错误逮捕受害人伸张正义及其权利进行法律保护
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引用次数: 0
PARAMETER PENYALAHGUNAAN KEWENANGAN YANG MERUGIKAN KEUANGAN NEGARA DALAM TINDAK PIDANA KORUPSI 以损害国家财政的权力滥用为代价的腐败行为的参数
Pub Date : 2022-12-07 DOI: 10.53363/bureau.v2i3.84
Naftali Gakur, Hufron Hufron
Corruption is one of the high-level crimes (ordinary crime), because corruption is not only detrimental to state finances, but also harms the wider community. Corruption crimes themselves are mostly committed by people who have positions or authorities, such as ASN (State Civil Apparatus), Regents, Governors, and other government officials. With the position or position and authority possessed, government officials have many ways and opportunities to abuse their authority in committing corruption crimes. There are two authorities of government officials, namely bound authority and free authority (discretion). Parameters to find out whether the actions carried out by government officials are a form of abuse of authority in corruption crimes or not, namely using laws and regulations consisting of laws and regulations consisting of laws, provincial regulations or regency/city regulations, especially for bound authority, while for free authority the parameters are good general principles such as principles of good governance (AAUPB) and general principles others outside the AAUPB; general principles of state governance (AAPN); Principles of State Governance (APPN); Principles of Village Government Management (APPD).
腐败是一种高级犯罪(普通犯罪),因为腐败不仅危害国家财政,而且危害更广泛的社会。腐败犯罪本身大多是由拥有职位或权力的人实施的,比如国家民事机构(ASN)、摄政、州长和其他政府官员。有了职位或地位和权力,政府官员就有很多方式和机会滥用职权实施腐败犯罪。政府官员有两种权力,即受约束的权力和自由的权力(裁量权)。判断政府官员的行为是否属于滥用职权犯罪的参数,即使用由法律法规组成的法律法规、省法规或县/市法规组成的法律法规,特别是对于有约束的权力机构,而对于自由的权力机构,参数是良好的一般原则,如善治原则(AAUPB)和AAUPB以外的一般原则;国家治理的一般原则;国家治理原则;《村庄政府管理原则》。
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引用次数: 1
KEKUATAN PEMBUKTIAN ALAT BUKTI ELEKTRONIK DALAM PERADILAN PIDANA E-LITIGASI BERLANDASKAN NILAI KEADILAN 在刑事诉讼中,电子证据的证明能力建立在正义的基础上
Pub Date : 2022-12-07 DOI: 10.53363/bureau.v2i3.59
Nadya Widiawati, Achmad Solikhin Ruslie
There are problems applying the principles contained in the Criminal Procedure Code, where the emergence of the Corona Virus Disease 2019 or Covid-19 at the end of 2019 had a major impact on the world. This virus has claimed many lives in Indonesia, which has the highest number of infected and dead in Southeast Asia. The Covid-19 virus itself, according to the World Health Organization (WHO) is transmitted through one of them through droplets of people who have been infected which cause obstacles in a number of face-to-face activities, one of which is in terms of law enforcement in Indonesia. Along with the development of this virus which has not shown a decline, the three finally had time to make a Memorandum of Understanding (MoU) contained in the cooperation agreement between the Supreme Court of the Republic of Indonesia, the Attorney General's Office of the Republic of Indonesia, the Ministry of Law and Human Rights of the Republic of Indonesia Number: 402/DJU/HM.01.1 /4/2020, Number : KEP-17/E/Ejp/04/2020, Number : PAS- 08.HH.05.05 Year 2020 concerning the Implementation of Trials Through Teleconference. As a result of this MoU, there is a change in the procedural law process in court. The development of the E-Court, which so far has only been limited to serving the administration of cases electronically by adding electronic services, has received legal protection based on the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2019 concerning the Administration of Cases and Trials in Courts Electronically. E-court is a court instrument as a form of service to the community in terms of registering cases simultaneously with evidence in electronic courts, so if we refer to the criminal law of proof in a case, the existence of online or other names called E-Litigation is not in accorkemudiance with the theory of justice, where the theory of justice itself according to Aristotle understands justice in understanding equality
2019年底2019冠状病毒病或Covid-19的出现对世界产生了重大影响,在适用《刑事诉讼法》所载原则方面存在问题。这种病毒在印度尼西亚夺去了许多人的生命,印度尼西亚是东南亚感染和死亡人数最多的国家。根据世界卫生组织(世卫组织)的说法,Covid-19病毒本身是通过其中一种病毒通过被感染者的飞沫传播的,这在许多面对面的活动中造成了障碍,其中之一就是印度尼西亚的执法方面。随着这一病毒的发展,并没有显示出下降的迹象,三方终于有时间签署了一份谅解备忘录(MoU),载于印度尼西亚共和国最高法院、印度尼西亚共和国总检察长办公室、印度尼西亚共和国法律和人权部之间的合作协议,编号:402/DJU/HM.01.1 /4/2020,编号:KEP-17/E/Ejp/04/2020,编号:PAS- 08.HH.05.05《2020年关于通过电话会议实施试验》。由于这份谅解备忘录,法院的程序法程序发生了变化。到目前为止,电子法院的发展仅限于通过增加电子服务以电子方式为案件管理提供服务,根据印度尼西亚共和国最高法院2019年第1号关于以电子方式管理法院案件和审判的条例,电子法院的发展得到了法律保护。电子法庭是作为一种服务于社会的法庭工具,在电子法庭中同时登记案件和证据,因此,如果我们参照刑事案件举证法,网上或其他名称的电子诉讼的存在并不符合正义理论,而正义理论本身根据亚里士多德对平等的理解来理解正义
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引用次数: 0
PRINSIP KE HATI-HATIAN DALAM PERJANJIAN KREDIT MELALUI E-COMMERCE (AKULAKU)
Pub Date : 2022-12-07 DOI: 10.53363/bureau.v2i3.55
Dwi Ajeng Ayu P, Dipo Wahyoeono
Along with current developments, providing support in a wider variety of business networks without limits, accessing the internet is not limited to accessing information only through available media, but can also be used as a means of trading sales transactions with various existing market place platforms, as well as a network that wide to no limit of time and place. In its implementation of online applications, there are still many obstacles and problems that occur, as a result of the occurrence of a bad system from the banking system, namely superiors or actors who often behave badly and pay less attention to the principle of prudence in doing business. The fundamental statement that is used as a benchmark by a person or group of people is the principle in carrying out an action and a statement of their thoughts, one of the principles contained in the law is the principle of prudence which is the principle of environmental law that regulates which behavior should be avoided. Then the formulation of the problem that will be used is 1. How to apply the precautionary principle in the e-commerce credit system (Akulaku)? 2. What are the legal consequences if you do not apply the principle of prudence in credit agreements? The research method used is normative legal research in order to find legal rules by carrying out 2 (two) approaches, namely the statutory approach and the conceptual approach. 5 C, Character Value, Ability Value, Capital Value, Collateral Value and Value on the debtor's business prospects, in making a credit purchase if there is a violation, it will result in legal consequences and the party who violates it will be subject to a maximum fine of Rp. 100,000,000,000
随着目前的发展,在更广泛的商业网络中提供无限制的支持,访问互联网不仅限于通过可用的媒体访问信息,而且还可以用作与各种现有市场平台进行交易的手段,以及一个不受时间和地点限制的网络。在其实施网上申请的过程中,仍然存在许多障碍和问题,这是由于银行系统出现了一个不好的制度,即上级或行为人经常行为不端,不太重视审慎经营的原则。一个人或一群人用来作为基准的基本陈述是执行行动的原则和他们思想的陈述,法律中包含的原则之一是谨慎原则,这是环境法的原则,规定了应该避免哪些行为。那么问题的形式就是1。如何在电子商务信用体系中应用预警原则(Akulaku)?2. 如果你在信贷协议中不适用审慎原则,会有什么法律后果?本文采用的研究方法是规范性法律研究,通过法定方法和概念方法两种方法来寻找法律规则。5 C,品格价值,能力价值,资本价值,抵押品价值和债务人商业前景的价值,在信用购买中,如果有违反,将导致法律后果,违反它的一方将被处以最高100,000,000,000卢比的罚款
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引用次数: 0
KONSEP REHABILITASI SOSIAL PADA ANAK KONFLIK HUKUM (AKH) 法律冲突儿童社会康复的概念(AKH)
Pub Date : 2022-12-07 DOI: 10.53363/bureau.v2i3.54
Ahmad Nasrudin Fadli, Wiwik Afifah
Children in conflict with the law must be responsible for the violations/crimes committed, but also have the right to receive rehabilitation including social rehabilitation. This article aims to determine the concept of social rehabilitation for children in conflict with the law. As the Juvenile Criminal Justice System has regulated diversion and the rights of children as suspects. Children in conflict with the law must be held accountable for their actions either through formal legal processes or through diversion. In accountability through formal legal processes and diversion they get social rehabilitation rights, social rehabilitation is a process of re-functionalization and development so that a person is able to carry out his social functions well in social life. Social rehabilitation is an action taken against children who are in conflict with the law through diversion for children. If through the criminal justice process for children over 12 years old, the child will receive a determination of social rehabilitation measures at the Social Welfare Institution (LPKS) within a certain period of time with the supervision of social workers carried out under the Ministry of Law. and Human Rights (Kemenkumham).
违反法律的儿童必须对所犯的违法行为/罪行负责,但也有权接受康复,包括社会康复。本文旨在确定违法儿童社会康复的概念。由于少年刑事司法制度对儿童犯罪嫌疑人的分流和权利进行了规范。触犯法律的儿童必须通过正式的法律程序或通过转送对其行为负责。在问责制中通过正式的法律程序和分流他们获得社会康复的权利,社会康复是一个重新功能化和发展的过程,使一个人能够在社会生活中很好地履行其社会功能。社会改造是对触犯法律的儿童采取的一种行动,通过对儿童的转移。如果通过对12岁以上儿童的刑事司法程序,该儿童将在一定时间内在社会福利机构(LPKS)接受社会康复措施的决定,并由法务部的社会工作者进行监督。人权(Kemenkumham)。
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引用次数: 0
TINDAK PIDANA PENCEMARAN NAMA BAIK BERDASARKAN PASAL 310 KUHP
Pub Date : 2022-12-07 DOI: 10.53363/bureau.v2i3.62
Faris Septyan R
The purpose of this research is to find out what actions are included in the criminal act of defamation and what elements are contained in Article 310 of the Criminal Code and Article 27 paragraph (3) of the ITE Law relating to defamation. By using the normative juridical research method, it is concluded: 1. That in the criminal act of defamation there are acts which include insults contained in Article 310 of the Criminal Code, Article 311 of the Criminal Code, Article 315 of the Criminal Code, Article 317 of the Criminal Code, and Article 318 of the Criminal Code. 2. The criminal act of Defamation has elements included in it. These elements are the basis for us to assess the existence of an act of defamation, in these elements we can categorize every act committed by the perpetrator. If the perpetrator commits defamation by slandering someone, what we see are the elements included in the slander, whether it can be categorized in slander or more clearly the perpetrator committed a criminal act in Article 311 of the Criminal Code. We have to look at the elements in it, if indeed the perpetrator did what is in the elements of Article 311 of the Criminal Code, the perpetrator could be imprisoned under that article
本研究的目的是找出诽谤的犯罪行为包括哪些行为,以及刑法第310条和ITE法第27条第(3)款中包含哪些与诽谤有关的要素。运用规范的法学研究方法,得出以下结论:1。1 .在诽谤犯罪行为中,存在《刑法》第310条、《刑法》第311条、《刑法》第315条、《刑法》第317条、《刑法》第318条规定的侮辱行为。诽谤犯罪行为有其构成要件。这些要素是我们评估诽谤行为是否存在的基础,在这些要素中我们可以对行为人的每一种行为进行分类。如果行为人通过诽谤他人来进行诽谤,我们看到的是诽谤所包含的要素,是否可以归类为诽谤,或者更明确的是行为人在刑法第311条中构成了犯罪行为。我们必须看看其中的要素,如果犯罪者确实做了刑法第311条的要素,犯罪者可以根据该条被监禁
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引用次数: 0
ANALISIS HUKUM KEBIJAKAN KELEBIHAN DIMENSI DAN KELEBIHAN MUATAN TERHADAP DEMONSTRAN GERAKAN SOPIR JAWA TIMUR 分析东爪哇司机运动抗议者的额外维度和负载政策法律
Pub Date : 2022-12-07 DOI: 10.53363/bureau.v2i3.77
Irvan Abu Arifaini, Hari Soeskandi
This study aims to provide an overview of the implementation of controlling excess freight, namely the Zero ODOL policy and its impact on business actors and changes in prices for basic necessities and essential goods. connecting cities with one another, so that it can also lead to an increase in the flow of vehicular traffic as a means of distribution and mobility of both people and goods. In order to avoid the occurrence of overloading of goods transport, every freight car carrying cargo is required to weigh its cargo at the weighbridge. This research uses normative research methods, namely research that examines the study of documents and archives, using secondary data such as legal theory, statutory provisions, and opinions from previous graduates. This research was conducted by analyzing the principles, theories and legal concepts as well as statutory provisions related to the online licensing system in terms of trading of unlabeled snacks through online shopping platforms. The problem that occurs in this study is that there are still many distributions of unlabeled snacks that have the potential to harm consumers. Researchers formulate a new concept that has been analyzed in various ways to find legal certainty regarding the management of the licensing system for trade in unlabeled snacks, where in this case the rights of consumers are still not properly fulfilled and the obligations of business actors are not carried out properly. and right. In order to maintain road infrastructure, reduce the number of traffic accidents and reduce victims of traffic accidents due to vehicles with overloads and/or oversize violations, on October 11, 2019 the Minister of Transportation issued Circular Letter Number: SE 21 of 2019 concerning Supervision of High-Quality Cars. Overloading Infringement and/or Over Dimension Violation. The implementation of policy supervision without ODOL (Zero ODOL) is carried out based on a mutual agreement between ministries, namely the Ministry of Transportation, the Ministry of PUPR, the Ministry of Industry, the Ministry of SOEs, the Indonesian National Police, and the Industrial Association.
本研究旨在概述控制超额运费的实施,即零ODOL政策及其对商业行为者和基本必需品和必需品价格变化的影响。将城市彼此连接起来,这样它也可以导致车辆流量的增加,作为人员和货物分配和流动的一种手段。为了避免货物运输超载的发生,要求每辆载货货车都要在地磅桥上对货物进行称重。本研究采用规范的研究方法,即对文献和档案的研究进行检验,使用二手数据,如法律理论、法定规定和以前毕业生的意见。本研究通过分析网络购物平台交易无标签零食的网络许可制度的相关原则、理论、法律概念和法律规定进行研究。在这项研究中出现的问题是,仍然有许多未标记的零食有可能对消费者造成伤害。研究人员提出了一个新的概念,并通过各种方式进行了分析,以寻找关于无标签零食贸易许可制度管理的法律确定性,在这种情况下,消费者的权利仍然没有得到适当的履行,商业行为者的义务也没有得到适当的履行。和正确的。为了维护道路基础设施,减少交通事故数量,减少因超载和/或超限违规车辆造成的交通事故受害者,2019年10月11日,交通部长发布了2019年第SE 21号关于监督高质量汽车的通函。超载违规和/或尺寸违规。无ODOL(零ODOL)政策监管的实施是在交通部、PUPR部、工业部、国有企业部、印尼国家警察和行业协会等部门之间相互协议的基础上进行的。
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引用次数: 0
PERAN MAJELIS KEHORMATAN NOTARIS DALAM MEMERIKSA KASUS PENYALAHGUNAAN JABATAN SEBAGAI NOTARIS 公证人荣誉委员会在审查被视为公证人的案件时所起的作用
Pub Date : 2022-12-07 DOI: 10.53363/bureau.v2i3.114
Muntasir Raihan Rahman, Elvira Puspa Anggraeni, Elisabeth Adisty Novena
Writing this article will discuss the role of the notary honorary council in examining cases of abuse of notary office. In this article, we will discuss what a notary is, what are his authorities and powers as a notary in accordance with his profession. This problem is motivated by the many cases of notary errors in carrying out their profession. For example, the number of dual land deeds that should be the role of a notary in making the deed. As a notary cohort, it is necessary to investigate several existing cases, especially those concerning notaries. In this investigation, it will be divided into several parts. Which parts will later become the authority of the notary honorary assembly. This is also related to the code of ethics as a notary. In carrying out a position, of course someone is required or required to apply in accordance with the existing code of ethics. If someone who holds a position then commits a violation or acts outside the code of ethics, it can be classified as a criminal act of violating the code of ethics. One of the codes of ethics that is highly respected in the notary profession is to behave honestly, independently and not take sides with anyone. This is then upheld in the notary profession. This study uses normative legal methods. The normative method is legal research consisting of research on legal principles, legal systematics, and legal comparisons. The sources for writing this article are from journals and articles or other reading materials as research sources. These sources are then analyzed and presented in written form to produce a scientific work that is expected to be well understood. In addition, this article is expected to be an input or source of reading for other law students
本文将探讨公证名誉委员会在审查公证处滥用案件中的作用。在这篇文章中,我们将根据公证员的职业来讨论什么是公证员,他作为公证员的权限和权力是什么。这一问题是由许多公证在履行其职业时出现错误的案例引起的。例如,双重地契的数量,应该是公证人在制作地契时的作用。作为一个公证群体,有必要对现有的几个案件,特别是涉及公证员的案件进行调查。在本次调查中,将分为几个部分。其中哪部分以后将成为权威的名誉公证员大会。这也与公证员的道德规范有关。在执行一个职位时,当然需要有人或需要根据现有的道德准则申请。如果一个人在担任职务后违反了道德准则,或者做出了违反道德准则的行为,这可以被归类为违反道德准则的犯罪行为。在公证业中,最受尊重的道德准则之一是诚实、独立、不偏袒任何人。这在公证业中得到了支持。本研究采用规范的法律方法。规范方法是法律研究,包括法理研究、法律系统学研究和法律比较研究。写作这篇文章的来源是来自期刊和文章或其他阅读材料作为研究来源。然后对这些来源进行分析并以书面形式呈现,以产生期望被很好地理解的科学作品。此外,这篇文章有望成为其他法律专业学生的参考资料或阅读来源
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引用次数: 0
URGENSI PENGATURAN DATA DIGITAL/ ELEKTRONIK PRIBADI 数字/个人电子数据设置的紧迫性
Pub Date : 2022-12-07 DOI: 10.53363/bureau.v2i3.110
Deny Susanto
Regulation of Personal Data is a type of legal protection for individual citizens that is urgently required in Indonesia right now. This protection is needed in all spheres of community life, including business activities and other fields of life, where data processing relating to individuals concerning identity, whether confidential or not, is involved. In order to understand the urgency and effective management of personal data protection in Indonesia, this research uses normative legal research to review regulatory rules related to data protection. It is hoped that this research will result in the formulation of a comprehensive regulation on protection arrangements and private information in Indonesia
个人数据监管是一种对公民个人的法律保护,这是印尼目前迫切需要的。在社会生活的所有领域,包括商业活动和其他生活领域,都需要这种保护,因为这些领域涉及个人身份方面的数据处理,无论是否保密。为了了解印度尼西亚个人数据保护的紧迫性和有效管理,本研究使用规范性法律研究来审查与数据保护相关的监管规则。希望这项研究将导致制定一项关于印度尼西亚保护安排和私人资料的全面条例
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引用次数: 0
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Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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