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Implementation of Investigations and Investigations in Revealing Criminal Acts of Premeditated Murder 揭露预谋杀人犯罪行为的侦查与调查的实施
Pub Date : 2023-06-04 DOI: 10.59141/jiss.v4i06.839
Agus Fahrur Rozi, Faisal Santiago, Megawati Barthos
Efforts to investigate and investigate the crime of premeditated murder is regulated in the Criminal Procedure Code (KUHAP), namely Law Number 8 of 1981, Article 1 points 1 and 2 formulate the meaning of investigation. The reality on the ground shows that the implementation of investigations and investigations in uncovering cases of premeditated murder cannot be carried out optimally because there are obstacles to the lack of witnesses and evidence. The formulation of the problem in this study is: How is the implementation of investigations and investigations in uncovering cases of premeditated murder? The author uses an empirical juridical approach, using primary and secondary data. Data analysis using qualitative analysis. The results show that: The examination cycle should be done expertly by agents in view of regulation other than the Criminal Methodology Code which frames the legitimate reason for specialists is Police Guideline (Perpol) Number 6 of 2019 concerning the Nullification of Perkap Number 14 of 2012 concerning The executives of Criminal Examination.
调查和调查预谋杀人罪的努力在《刑事诉讼法》中有规定,即1981年第8号法律,第1条第1点和第2点规定了调查的含义。实地的现实情况表明,由于存在缺乏证人和证据的障碍,在揭露有预谋的谋杀案件方面进行调查和调查的工作不能以最佳方式进行。本研究问题的提法是:在有预谋谋杀案件的侦破中,调查与侦查是如何实施的?作者采用经验法学方法,使用第一手和第二手数据。数据分析采用定性分析。结果表明:鉴于《刑事方法法典》以外的法规,审查周期应该由代理人专业地完成,该法规规定了专家的合法理由是2019年第6号警察指南(Perpol)关于废除2012年第14号关于刑事审查执行人员的指南。
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引用次数: 0
Postponement Arrangements of Election From The Perspective of The 1945 Constitution of The Republic of Indonesia 从1945年印度尼西亚共和国宪法看选举的延期安排
Pub Date : 2023-06-04 DOI: 10.59141/jiss.v4i06.818
Askolani Jasi, Megawati Barthos, Faisal Santiago
Abstract. Provisions regarding the postponement of the implementation of elections have been regulated in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Prior to the election, there have always been efforts from several parties who wished that elections could be held in a direct, public, free, honest, fair, and transparent manner. However, this matter was deliberately brought up, so that the implementation of the General Election could be delayed from the previous schedule for some reason. Nevertheless, the implementation of the Election can be postponed, as long as it does not violate the applicable laws and regulations, and has received legal approval based on the results of a Judge's decision in court. The after-effect of the delay in the implementation of the election itself can end in the need for an amendment to Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Thus, even though it is legal in the eyes of the law if the implementation of the election is postponed, considering the impact that needs to be caused, all parties, starting from elements of the Legislature and Judiciary in making decisions related to the possibility of holding elections properly and correctly, without political elements involved.
摘要1945年《印度尼西亚共和国宪法》第1条第(2)款规定了关于推迟执行选举的规定。在选举之前,几个政党一直在努力,希望选举能够以直接、公开、自由、诚实、公平和透明的方式举行。但是,这是有意提出的问题,因此,议会选举的实施可能会因某种原因被推迟。然而,只要选举不违反适用的法律和条例,并根据法官在法庭上的裁决结果获得法律批准,选举的实施就可以推迟。推迟执行选举本身的后果可能导致需要对1945年《印度尼西亚共和国宪法》第22E条第(1)款进行修正。因此,尽管从法律的角度来看,推迟选举的实施是合法的,但考虑到需要造成的影响,所有各方,从立法机关和司法机关的人员开始,在作出与是否可能在没有政治因素的情况下适当和正确地举行选举有关的决定。
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引用次数: 0
Right To Recall Political Representatives: Legal Audit of Article 85 Passage (1) Letter C Of Regulation Number 22 of 2003 And Article 12 Letter B Of Regulation Number 31 Of The Year 2002 罢免政治代表的权利:对第85条第(1)款2003年第22号条例第C款和2002年第31号条例第12款第B款的法律审查
Pub Date : 2023-06-04 DOI: 10.59141/jiss.v4i06.829
Ngateman Ngateman, Endang Kusuma Astuti
The overall game plans for pardoning people from the DPR are contained in Article 22 B of the 1945 Constitution of the Republic of Indonesia read "Individuals from the DPR can be excused from office, the circumstances and systems for which are controlled in regulation" and afterward managed further in Regulation Number 17 of 2014 concerning Individuals' Consultative Get together, Individuals' Delegate Gathering, Territorial Agent Chamber, and Local Individuals' Agent Committee (MD3) and Regulation Number 2 of 2008 concerning Ideological groups. In the legal literature in Indonesia which regulates dismissal and replacement between members of the DPR, political parties have a great role in it. Where these guidelines are contained in Article 239 section (2) letter d of Regulation Number 17 of 2014 concerning Individuals' Consultative Gathering, Individuals' Agent Committee, the Territorial Agent Board, and the Local Nation's Agent Chamber expressed that ideological groups can choose individuals from Individuals' Agent Board who comes from the ideological group itself to be excused. Regarding legal regulations like this, it can be said that political parties have an active role in monitoring members of the DPR.
印度尼西亚共和国1945年宪法第22条B款规定了赦免人民共和国人员的总体计划,即“人民共和国人员可以免予任职,其情况和制度由法规控制”,随后在2014年第17号法规中进一步管理,该法规涉及个人协商集会,个人代表聚会,领土代理商会,地方个人代理人委员会(MD3)和2008年关于意识形态团体的第2号条例。印度尼西亚的法律文献规定了人民民主共和国成员之间的解雇和更换,政党在其中发挥了很大的作用。2014年第17号条例第239条第(2)款d项关于个人协商集会、个人代理委员会、领土代理委员会和地方民族代理商会的指导方针表示,意识形态团体可以从个人代理委员会中选择来自意识形态团体本身的个人作为赦免对象。对于这样的法律规定,可以说政党在监督人民代表大会成员方面发挥了积极作用。
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引用次数: 0
The Role Of The Semarang Police In Overcoming Narcotics Crime 三宝垄警察在打击毒品犯罪中的作用
Pub Date : 2023-06-04 DOI: 10.59141/jiss.v4i06.830
Denni Syafutra, M. Tohari
Conceptually, crime prevention can be carried out either by using criminal justice (justice) or other means outside of criminal justice (non-judicial). Criminal law policies in dealing with narcotics in Indonesia have been carried out for a long time. Beginning with the enactment of the Drugs Ordinance (Verdoovende Middelen Ordonnantie, Stbl.1927No.278 jo. No.536). The Ordinance was later replaced by Law no. 9 of 1976 concerning Narcotics. Subsequently, the law was changed to Law no. 22 of 1997 concerning Narcotics until the emergence of Law no. 35 of 2009 as the latest update of the law on Narcotics. The main focus of the Semarang Police in tackling narcotics crimes lies in preventive efforts covering all efforts to prevent the abuse of narcotics or similar substances among the general public. Then narrow the space for movement and reduce the influence on other aspects of life.
从概念上讲,预防犯罪既可以利用刑事司法(司法),也可以利用刑事司法以外的其他手段(非司法)。印度尼西亚处理毒品问题的刑法政策已经执行了很长时间。从颁布《药品条例》(Verdoovende Middelen Ordonnantie, stbls .1927)开始。278年乔。No.536)。该条例后来被第。1976年第9号关于麻醉品的决议。随后,该法改为第2号法。关于麻醉品的1997年第22号法律,直到出现第。2009年第35号法令是禁毒法的最新修订。三宝垄警察处理麻醉品犯罪的主要重点在于预防工作,包括防止公众滥用麻醉品或类似物质的一切努力。然后缩小运动的空间,减少对生活其他方面的影响。
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引用次数: 0
Legislative Functions of the House of Representatives in the Perspective of the 1945 Constitution of the Republic of Indonesia 从1945年印度尼西亚共和国宪法看众议院的立法职能
Pub Date : 2023-06-04 DOI: 10.59141/jiss.v4i06.828
Andrian Fernando, T. Susilowati
All the objectives of the State are specified in the constitution or essential law of the State as expressed in the Prelude to the 1945 Constitution of the Republic of Indonesia (1945 Constitution), which is contained in the fourth passage which states: 1) safeguard the whole Indonesian country and Indonesia's slaughter; 2) advance public government assistance; 3) teach the existence of the country; and 4) take part in completing world request. In particular, in the 1945 Constitution, the scope and definition of the law are not very clear. Article 20 of the 1945 Constitution only mentions the authority of the DPR to make laws by mutual agreement with the government. Article 24 C paragraph (1) only stipulates that the Constitutional Court has the authority to review laws against the constitution. The lack of clarity over the legislative function of the DPR, causes the State to need to make a standard rule regarding the Law on Procedures and Mechanisms for Forming Legislation. In Indonesia, there have been several regulations regarding arrangements for the Formation of laws and regulations, namely TAP MPRS Number XX/MPRS/1966 concerning Sources of Orderly Law, TAP MPR Number III/MPR/2000 and enhanced by Law Number 10 of 2004 concerning Formation of Legislation. Feeling that the previous regulations were incomplete, on 12 August 2011, the government enacted Law Number 12 of 2011 amendment of Law Number 10 of 2004 concerning the Formation of Legislation.
国家的所有目标都在宪法或国家的基本法律中有所规定,正如1945年印度尼西亚共和国宪法的前奏(1945年宪法)所表达的那样,它载于第四段,其中规定:1)保护整个印度尼西亚国家和印度尼西亚的屠杀;2)推进公共政府援助;3)传授国家的存在;4)参与完成世界要求。特别是在1945年的《宪法》中,法律的范围和定义不是很明确。1945年宪法第20条只提到了民主人民共和国与政府达成协议制定法律的权力。第24条C款第1款只规定宪法法院有权审查违宪法律。由于人民民主共和国的立法职能不明确,国家需要就《立法程序和机制法》制定一项标准规则。在印度尼西亚,有几项关于法律和法规形成安排的条例,即关于有序法律来源的TAP MPRS第XX/MPRS/1966号,TAP MPR第III/MPR/2000号,并经2004年关于立法形成的第10号法律加强。政府认为以前的规定不完整,于2011年8月12日颁布了2011年第12号法,对2004年第10号法关于立法形成的修正案。
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引用次数: 0
Juridical Review Of The People's Representative Council In Making Public Policies Through The Perspective Of Law Number 17 Of 2014 从2014年第17号法看人民代表会议制定公共政策的司法审查
Pub Date : 2023-06-04 DOI: 10.59141/jiss.v4i06.827
Rinduwan Rinduwan, Lamijan Lamijan
Legislation is one of the legal products of the number of existing legal products. The legislation contains general and abstract legal norms. It is general because existing legal norms apply to every legal subject in general. While being called abstract lies like legal norms which are not concrete in regulating legal events and are the object of regulation. Thus, a good law which incidentally is a type of legislation must have a philosophical basis, a sociological basis, and a juridical basis. Based on the principle of a rule of law, namely that government is organized based on laws, then in running a government it must refer to statutory regulations which become guidelines for the administration of a country based on the will of the people. The constitution is the guideline in the state and then elaborated in laws and regulations. This type of research is normative research. The approach used is a statutory approach (statute approach) and a conceptual approach (conceptual approach). The source of data used is secondary data. Data analysis was carried out in a qualitative descriptive manner. The conclusion is carried out using the deductive method, namely from general to specific, especially those related to the research topic, namely the Juridical Review of the House of Representatives in Making Public Policy in the Perspective of Law No. 17 of 2014. The result found community is concerned that in implementing or enforcing the law, justice is considered. In upholding the law, there must be a compromise between legal certainty, benefit, and justice, the three elements must receive proportional and balanced attention. Thus, legislation is a political product from which legislators turn into legal products when their preparation meets the elements of legal certainty, benefit, and justice in a proportional and balanced manner. There is a paradigm that the law governing representative institutions is part of a package of laws in the political field that needs to be changed. Laws governing representative institutions need to be seen as laws in the institutional context of the constitutional system. As previously stated, one of the problems that arise as a result of this law being considered as part of a package of regulations in the political field is institutional arrangements.
立法是众多现存法律产品中的法律产品之一。立法包含一般法律规范和抽象法律规范。它是普遍性的,因为现有的法律规范一般适用于每一个法律主体。而所谓抽象则是指法律规范,它在规范法律事件时并不具体,是规范的对象。因此,一部好的法律——顺便说一句,它也是一种立法——必须有哲学基础、社会学基础和法学基础。基于法治的原则,即政府是根据法律组织的,那么在管理政府时就必须参考法律法规,这些法规成为以人民意志为基础的国家管理的指导方针。宪法是国家的准则,然后以法律法规的形式加以阐述。这种类型的研究是规范研究。所使用的方法是法定方法(规约方法)和概念方法(概念方法)。使用的数据来源是辅助数据。数据分析以定性描述的方式进行。结论采用演绎的方法进行,即由一般到具体,特别是与研究课题有关的结论,即2014年第17号法律视角下的公共政策制定中的众议院司法审查。结果发现,社会关注在实施或执行法律时,是否考虑到正义。在维护法律的过程中,必须在法律确定性、利益和正义之间取得妥协,这三个要素必须得到相称和平衡的重视。因此,立法是一种政治产品,当立法者的准备以比例和平衡的方式满足法律确定性、利益和正义的要素时,立法者就变成了法律产品。有一种范式认为,关于代表机构的法律是需要改变的政治领域一揽子法律的一部分。管理代议制机构的法律需要被视为宪制制度背景下的法律。如前所述,由于将这项法律视为政治领域一整套条例的一部分而产生的问题之一是体制安排。
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引用次数: 0
Application Of Law And Criminal Accountability Against Violent Theft Offenders 对暴力盗窃犯的法律适用和刑事责任
Pub Date : 2023-06-04 DOI: 10.59141/jiss.v4i06.831
E. Pratama, T. Susilowati
The components of the wrongdoing of burglary with brutality are referenced in Article 365 of the Lawbreaker Code which should be met, for example in paragraph (1) "followed by violence to facilitate theft", paragraph (2) 1st "the theft was carried out at night", paragraph (2) 2nd "the theft is committed by two or more people together", paragraph (2) 3rd "by breaking or climbing, using fake keys, fake orders, or fake positions", paragraph ( 2) 4th "theft which caused another person to be seriously injured", paragraph (3) "caused death", paragraph (4) "caused another person to be seriously injured or died which was committed by two or more people together". Application of Law and Criminal Accountability Against Violent Theft Offenders in the Central Java Region. As made sense of in the clarification of the Lawbreaker Code (KUHPidana) in regards to the wrongdoing of robbery, it is recognized by different capabilities, incorporating as specified in Article 365 of the Crook Code, in particular burglary forcibly. Burglary with viciousness is a wrongdoing against property. The savagery committed in the robbery has the motivation behind getting ready or working with burglary or on the other hand assuming got there is a chance for the culprit to escape so the taken thing stays in the possession of the culprit. In law and criminal responsibility to perpetrators of theft with violence in the Central Java region. When analyzed by the formulation of offenses contained in the Criminal Code, the above crimes are included in Article 365 of the Criminal Code. It is because there is no definite understanding in the Criminal Code or other laws regarding what robbery, theft and mugging are, but these three forms of crime fulfill the formulation in Article 365 of the Criminal Code, namely theft by force.
《违法者法典》第365条所载凶残入室盗窃罪行的构成要件应符合,例如第(1)款。“随后以暴力便利盗窃”,第(二)款第一项“夜间盗窃”,第(二)款第二项“二人以上共同盗窃”,第(二)款第三项“破坏、攀爬、使用假钥匙、假命令、假位置盗窃”,第(二)款第四项“盗窃致他人重伤”,第(三)款"导致死亡",第(4)段“造成另一人严重受伤或死亡,是由两人或多人共同犯下的”。中爪哇地区暴力盗窃犯的法律适用和刑事问责。正如在《违法者法》(KUHPidana)中对抢劫行为的澄清所理解的那样,抢劫罪是由不同的能力所承认的,包括《诈骗法》第365条所规定的,特别是强行入室盗窃。恶意入室盗窃是一种侵害财产的不法行为。在抢劫中犯下的野蛮行为背后有准备或入室盗窃的动机,或者另一方面假设罪犯有机会逃跑,所以被抢的东西留在罪犯手中。在法律和刑事责任上追究盗窃与暴力的肇事者在中爪哇地区。从刑法所载罪行的表述来分析,上述罪行包括在刑法第365条内。这是因为在刑法或其他法律中,对于什么是抢劫、盗窃和抢劫都没有明确的理解,但这三种犯罪形式都符合刑法第365条的表述,即暴力盗窃。
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引用次数: 0
HR Development Through Capacity Building To Increase Company Productivity 通过能力建设进行人力资源开发,提高公司生产力
Pub Date : 2023-06-04 DOI: 10.59141/jiss.v4i06.838
Adhi Susano, Heru Subiantoro, Mei Rinaldi
In the era of globalization, human resources (HR) is an important asset for every company to gain competitive advantage. For the organization to continue to exist on a national and international scale, human resource development (PSDM) is a decisive factor in achieving goals and objectives. The research is included in the type of qualitative research, namely research with descriptive methods. This study intends to provide an in-depth description related to the research object, namely the development of human resource capacity (HR). To achieve the company's performance and goals, it is very important to implement an HR capacity-building program on an ongoing basis. Organizational human resource development has a direct impact on talent development, employee resilience, and career development. It also offers companies a new paradigm to develop their human capital. The fundamental components that determine the existence of an organization in a cruel corporate environment include aspects of competence, talent, and resilience. Companies that implement competence must pay attention to management levels and HRM stages. Potential employees who perform well under pressure contribute to organizational consistency and competition. By considering the two strategic options of matching people to roles and matching roles to people, talent-based HRM needs to be contextualized. produce workers who have the knowledge, skills, money, affluence, talents, attitudes, and dispositions necessary to inspire others. It is important to create AQ-based human resources who can deal with any problem, act responsibly, set boundaries for problems, and refuse to give up quickly. With the aspect of resilience, employees can calm their intentions, smother, and catch problems to take advantage for the sake of organizational effectiveness to achieve success and exist in a competitive world.
在全球化时代,人力资源是每个公司获得竞争优势的重要资产。为了使组织在国家和国际范围内继续存在,人力资源开发(PSDM)是实现目标的决定性因素。本研究属于定性研究,即采用描述性方法的研究。本研究拟对研究对象人力资源能力开发(human resource capacity, HR)进行深入描述。为了实现公司的业绩和目标,在持续的基础上实施人力资源能力建设计划是非常重要的。组织人力资源开发直接影响到人才发展、员工弹性和职业发展。它还为企业提供了开发人力资本的新范例。决定一个组织能否在残酷的企业环境中生存的基本要素包括能力、人才和适应力。实施胜任力的企业必须重视管理层次和人力资源管理阶段。在压力下表现良好的潜在员工有助于组织的一致性和竞争。通过考虑人与角色匹配和角色与人匹配这两种战略选择,需要将基于人才的人力资源管理情境化。培养具有激励他人所必需的知识、技能、金钱、财富、才能、态度和性格的工人。重要的是要创建以空气质量为基础的人力资源,他们能够处理任何问题,负责任地行动,为问题设定界限,拒绝轻易放弃。在弹性方面,员工可以平息自己的意图,扼杀和抓住问题,为了组织的有效性而利用,从而在竞争激烈的世界中取得成功和生存。
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引用次数: 1
Legal Consequences of Bankruptcy for Creditors Holding Mortgage Rights and Execution Parate 持有抵押权债权人破产的法律后果及执行部分
Pub Date : 2023-06-04 DOI: 10.59141/jiss.v4i06.817
Aan Rizalni Kurniawan, Faisal Santiago, Evita Isretno Israhadi
The right of the separatist creditor as the holder of the mortgage right is clearly regulated by Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (henceforth referred to as UUHT) Article 20 paragraph (1). In particular, the effect of bankruptcy on mortgage rights appears with the existence of Article 56 paragraph (1) UUK which states that the execution right of a separatist creditor holding mortgage rights against mortgage rights that are in the control of creditors is suspended for a maximum period of 90 days (stay period). The rights of the mortgage holder that have been protected by Article 20 paragraph (1) and Article 21 UUHT are no longer protected if the debtor is declared bankrupt because Article 56 paragraph (1) UUK (stay period) applies which suspends the execution of the mortgage holder for 90 days.
分离债权人作为抵押权持有人的权利在1996年关于土地和与土地有关的物体抵押权的第4号法律(以下简称uht)第20条第(1)款中有明确规定。破产对抵押权的影响出现在联合王国第56条第(1)款的存在中,该条规定,对债权人控制的抵押权持有抵押权的分离债权人的执行权,最多暂停90天(停留期)。根据《破产法》第20条第1款和第21条的规定,抵押持有人的权利在债务人被宣告破产时不再受保护,因为适用第56条第1款的UUK(停留期),将抵押持有人的执行暂停90天。
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引用次数: 0
Implementation Of Restorative Justice As A Justice Law Enforcement In Indonesia 恢复性司法在印尼司法执法中的实施
Pub Date : 2023-05-25 DOI: 10.59141/jiss.v4i05.840
A. Supriyanto, Faisal Santiago, Megawati Barthos
The law enforcement framework will in general save essential standards as far as satisfying equity, exclusively because of reasons of satisfying legitimate sureness. Victims in a crime, in the National Legal System, the position is not profitable. Because the victim, in the (Criminal) Judicial System, is only an accessory, not the main actor or just a witness. The type of research used by the author in compiling this research is normative legal research or library law research. It should be emphasized that restorative justice is fundamentally a concept, both about justice and due process, not a theory. Because it is the basis for the development of the judiciary, restorative justice is referred to as the philosophy of justice. So, it is possible to view restorative justice as a collection of legal procedures that primarily seek to repair (recover) the losses suffered by crime victims. In the science of criminal law, justice must try to restore the situation to how it was before the crime was committed. The situation changes when someone breaks the law. So that's where the role of law is to protect the rights of every victim of crime. Helpful equity additionally accentuates common liberties and the need to perceive the impacts of social unfairness and in basic ways review them, as opposed to just giving the culprits formal or lawful equity and casualties not getting any equity. Supportive equity likewise looks to reestablish casualties' security, individual regard, respect, and all the more significantly, a feeling of control. The helpful equity framework can be applied in the event that the lawful culture in a nation requires its execution for a specific case.
一般而言,执法框架将保留基本标准,以满足公平,完全是因为满足合法确定性的原因。受害者在犯罪中,在国家法律体系中,处于无利可图的地位。因为在(刑事)司法系统中,受害者只是从犯,而不是主要行为者或证人。笔者在编写本研究时采用的研究类型是规范法研究或图书馆法研究。应当强调的是,恢复性司法基本上是一个概念,既涉及司法,也涉及正当程序,而不是一种理论。恢复性司法是司法发展的基础,因此被称为司法哲学。因此,有可能将恢复性司法视为主要寻求修复(追回)犯罪受害者遭受的损失的法律程序的集合。在刑法科学中,司法必须设法使情况恢复到犯罪发生前的状态。当有人违法时,情况就改变了。因此,法律的作用就是保护每一个犯罪受害者的权利。有益的公平还强调了共同的自由,需要认识到社会不公平的影响,并以基本的方式审查它们,而不是仅仅给罪犯正式或合法的公平,而受害者没有得到任何公平。支持性公平同样着眼于重建受害者的安全感、个人关怀、尊重,更重要的是,一种控制感。如果一个国家的法治文化要求对特定案件执行有益的衡平法框架,则可以适用这种框架。
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引用次数: 0
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Jurnal Indonesia Sosial Sains
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