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Digital Transformation and Business Competition Challenges Comparative Analysis of Antitrust Law 数字转型与商业竞争挑战 反垄断法的比较分析
Pub Date : 2024-06-01 DOI: 10.59653/jplls.v2i03.877
Dwi Ratna Kartikawati
Digital transformation has changed the business competition paradigm by enabling the growth of the digital economic industry. However, this also creates new problems related to market domination by large companies and restrictions on access to platforms, making market penetration difficult for small and medium businesses. The antitrust legal framework in Indonesia needs to be strengthened to face the challenges of globalization and digital transformation. Implementation of Law Number 5 of 1999 still faces obstacles in dealing with monopolistic practices and abuse of dominant positions by large companies. Therefore, revisions or additions to more specific regulations are needed. Business competition in the digital economy is characterized by unequal access and abuse of market power by large technology companies, hindering innovation and creating injustice. Concrete steps are needed to improve the fairness of business competition, including increased regulation and more effective law enforcement. This research uses descriptive normative legal research methods to analyze the implementation of antitrust law in facing challenges arising from digital transformation. By focusing on the description and analysis of legal norms relating to business competition, this research explores how these norms are interpreted and applied in everyday legal practice. Antitrust law in Indonesia needs to be adapted to the realities of the digital economy to ensure optimal protection against business competition. This includes increasing the capacity of business competition supervisory institutions, expanding the scope of regulations to cover online platforms, and increasing sanctions for violators. Thus, it is hoped that this adjustment can provide more effective protection for small and medium businesses and encourage innovation in the digital economy sector.
数字化转型促进了数字经济产业的发展,从而改变了商业竞争模式。然而,这也带来了新的问题,即大公司对市场的支配和对平台准入的限制,使得中小型企业难以渗透市场。印度尼西亚的反垄断法律框架需要加强,以应对全球化和数字化转型的挑战。1999 年第 5 号法律的实施在应对大公司的垄断行为和滥用支配地位方面仍面临障碍。因此,需要对更具体的法规进行修订或补充。数字经济中商业竞争的特点是准入不平等和大型技术公司滥用市场支配力,这阻碍了创新并造成了不公正。需要采取具体措施来改善商业竞争的公平性,包括加强监管和更有效的执法。本研究采用描述性规范法律研究方法,分析反垄断法在面对数字化转型带来的挑战时的实施情况。通过重点描述和分析与商业竞争相关的法律规范,本研究探讨了在日常法律实践中如何解释和应用这些规范。印度尼西亚的反垄断法需要适应数字经济的现实,以确保对商业竞争的最佳保护。这包括提高商业竞争监督机构的能力,扩大法规范围以涵盖在线平台,以及加大对违法者的制裁力度。因此,希望这一调整能为中小型企业提供更有效的保护,并鼓励数字经济领域的创新。
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引用次数: 0
A New Mode of MSME Empowerment Creating a Strong Indonesian Economy (Perspective on Business Competition Law) 赋予中小微企业权力的新模式,创造强大的印尼经济(商业竞争法透视)
Pub Date : 2024-03-11 DOI: 10.59653/jplls.v2i02.710
Asmah Asmah, Melantik Rompegading
Indonesia is included in the category of world economic power in terms of increasing micro, small and medium enterprises (MSMEs), which amount to 19 million. The business competition law in Indonesia in Law No. 5 of 1999 and the Business Competition Supervisory Commission (KPPU) can make MSMEs an important sector in the Indonesian economy through this institution. MSMEs that carry out business or partner with investors or large businesses reduce unfair business competition that can benefit both parties. However, along with the development of technology and people's habits, business actors, especially the MSME sector, are doing various activities to increase turnover by carrying out various business strategies so that their business can continue. Law No. 20 of 2008 concerning Micro, Small, and Medium Enterprises regulates MSMEs' activities, hoping that MSMEs can realize Indonesia as a world economic power with an empowerment model from upstream to downstream and can be easily recognized and accessed quickly. The research method used is descriptive normative legal research. As a result, the new model of the compass network in empowering MSMEs by accelerating the network, roadmap mode, and images can increase MSME production and be free from the influence of an uncertain economic situation.
印尼已跻身世界经济强国行列,微型和中小型企业(MSME)数量不断增加,达到 1,900 万家。印度尼西亚的商业竞争法(1999 年第 5 号法律)和商业竞争监督委员会(KPPU)可通过该机构使中小微企业成为印度尼西亚经济的一个重要部门。中小微企业开展业务或与投资者或大型企业合作,可减少不公平的商业竞争,从而使双方受益。然而,随着技术和人们生活习惯的发展,企业行为者,尤其是中小微企业部门,正在开展各种活动,通过实施各种商业战略来增加营业额,从而使其业务得以继续。2008 年第 20 号《微型、小型和中型企业法》对微型、小型和中型企业的活动进行了规范,希望微型、小型和中型企业能够通过从上游到下游的赋权模式,实现印尼成为世界经济强国的目标,并使其易于识别和快速获取。所采用的研究方法是描述性规范法律研究。因此,罗盘网络通过加速网络、路线图模式和图像为中小微企业赋权的新模式可以提高中小微企业的产量,摆脱不确定经济形势的影响。
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引用次数: 0
Implementation of the Small Fishers Empowerment Policy in Tikke Village, Tikke Raya District, Pasangkayu Regency 在巴桑卡尤县提克雷亚区提克村实施小渔民赋权政策
Pub Date : 2024-03-07 DOI: 10.59653/jplls.v2i02.703
Aras Rasul, Abdul Rivai, Suasa Suasa
Fishermen still want to live in poverty because of their own desire to experience life itself. Formulation of the problem in the journal How to Implement the Empowerment Policy for Small Fishermen in Tikke Village, Tikke Raya District, research benefits, theoretical benefits and practical benefits. The type of research used in the research is qualitative research. The results of this research are that policy implementation is a crucial stage in the public policy process. . A policy or program must be implemented to have the desired impact or goal. Policy implementation is seen in a broad sense as a public administration tool where actors, organizations, procedures, related parties and resources are organized together to carry out policies to achieve the desired impact or goal. The conclusion of this research is that based on the research results, it can be concluded that the implementation of the Small Fishers Empowerment Policy in Tikke Village, Tikke Raya District, Pasangkayu Regency was found. This did not work well because 4 aspects, namely Communication, Resources, Disposition and Bureaucratic Structure, were used as tools in Edward III's theory. So it can be concluded that the policy has not worked optimally as expected. Therefore, it is necessary to improve fishing equipment such as rumpong.
渔民仍然希望过贫困的生活,因为他们自己渴望体验生活本身。如何在提克拉亚区提克村实施小渔民赋权政策》一文中问题的提出、研究收益、理论收益和实践收益。本研究采用的研究类型是定性研究。研究结果表明,政策实施是公共政策过程中的一个关键阶段。.一项政策或计划必须通过实施才能产生预期的影响或实现预期的目标。从广义上讲,政策执行被视为一种公共行政工具,在这种工具中,参与者、组织、程序、相关方和资源被组织在一起,以执行政策,实现预期的影响或目标。本研究的结论是,根据研究结果,可以得出结论认为,小渔民赋权政策在 Pasangkayu Regency 的 Tikke Raya 区 Tikke 村的实施效果不佳。由于爱德华三世的理论中使用了沟通、资源、处置和官僚结构这四个方面作为工具,因此效果不佳。因此,可以得出结论,该政策并没有像预期的那样取得最佳效果。因此,有必要改进闾丘等捕鱼设备。
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引用次数: 0
Implementation of Regional Asset Management Policies at Office of Theduripoku District in Pasangkayu Regency 在巴桑卡尤县 Theduripoku 区办事处实施地区资产管理政策
Pub Date : 2024-03-07 DOI: 10.59653/jplls.v2i02.705
Safri Safri, Hasbullah Hasbullah, Suasa Suasa
The results of the research the implementation of asset management policies at the Duripoku District Office, Pasangakyu Regency is quite good but there is still something lacking namely the implementation of Regional Asset Management policies at the Duripoku District Office, Pasangkayu Regency, from the aspect of the organizational structure, it is running well, this is proven by the existing implantation, seen from the inventory of goods which is also carried out by data collection and labeling, from the resource aspect, the implementation of the Regional asset management policy at the Duripoku District Office, Pasangkayu Regency, is considered to be still lacking or not yet implemented optimally. This is indicated by the absence of trained personal in terms of ability or competency possessed by property managers, in addition to that, financial resources or budgets are considered to still be insufficient to support this implementation as well as inadequate facilities and infrastructure, from the aspect of communication, implementation of regional asset management policies in Duripoku District Office Pasangkayu Regency, is considered to have been implemented or implemented and conveyed rather via Whatsapp or other media to all stakeholders involved through socialization and coordination, so that the delivery of this asset management policy is carried out clearly regarding the entire process of regional property assets, stratifying from controlling goods, inventory assessment, utilization, regional property, transfer, administration and even securing regional property, as well as the delivery of this policy is always carried out consistently with the relevant stakeholders, in this case it is intended that the implementation of this rule can be carried out properly as it should.
研究结果表明,巴桑加尤行政区杜里北区办事处的资产管理政策执行情况良好,但仍有不足之处,即从组织结构方面来看,巴桑加尤行政区杜里北区办事处的地区资产管理政策执行情况尚不理想、从资源方面来看,巴桑卡尤县 Duripoku 地区办事处对地区资产管理政策的执行仍有欠缺,或者说执行得不够理想。此外,财政资源或预算仍不足以支持该政策的实施,设施和基础设施也不足。从沟通方面来看,巴桑卡尤县杜里璞地区办事处的地区资产管理政策的实施被认为已经实施,或已经实施,并通过 Whatsapp 或其他媒体以社会化和协调的方式传达给所有相关利益方、因此,该资产管理政策的实施将明确涉及地区财产资产的整个过程,从货物控制、库存评估、使用、地区财产、转让、管理到地区财产的安全,以及该政策的实施始终与相关利益攸关方保持一致。
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引用次数: 0
Legal Protection for Carriers of Keris as Cultural Heritage Objects for the Development of Keris Cultural Progress: Analysis of Decision Number 94/pid.sus/2013/PN.Smp 对作为文化遗产客体的凯里斯载体的法律保护,促进凯里斯文化的发展:对第 94/pid.sus/2013/PN.Smp 号决定的分析
Pub Date : 2024-03-03 DOI: 10.59653/jplls.v2i02.686
Sjaifurrachman Sjaifurrachman, Abshoril Fithry
Sumenep is now beginning to reveal its identity to the people of Indonesia, with its new motto "Sumenep City of Keris." This motto is being introduced to the public to introduce the culture of the city. However, it is regrettable that the opportunity for the keris industry in Sumenep Regency cannot contribute positively to the economic welfare of the population there, due to the lack of support from the Sumenep Regency Government in making policies, which is still insufficient. The sensitivity of local governments is currently being tested, especially with the existence of Emergency Law Number 12 of 1951 in Indonesia. After Sumenep City declared itself a city of keris, it is feared that many people will need legal protection if they want to carry heirloom items such as keris in the future. Researchers consider this emergency law to be outdated or obsolete because it no longer fits the current situation and conditions.
苏梅尼普现在开始向印度尼西亚人民展示其身份,其新的座右铭是 "苏梅尼普市的凯里斯"。这一口号旨在向公众介绍这座城市的文化。然而,令人遗憾的是,由于苏美内普省政府在制定政策时缺乏支持,因此苏美内普省的克里丝产业机会无法为当地居民的经济福利做出积极贡献。目前,地方政府的敏感性正在经受考验,尤其是印尼 1951 年第 12 号《紧急状态法》的存在。在苏梅尼普市宣布自己为克里丝之城后,如果许多人今后想携带克里丝等传家物品,恐怕需要法律保护。研究人员认为该紧急状态法已经过时或陈旧,因为它不再适合当前的形势和条件。
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引用次数: 0
Urgency of Legal Protection for Religious Scholars in Articles on Blasphemy from the Perspectives of Criminology and Victimology 从犯罪学和受害者研究的角度看对亵渎文章中的宗教学者提供法律保护的紧迫性
Pub Date : 2024-03-03 DOI: 10.59653/jplls.v2i02.687
Abshoril Fithry, Sjaifurrachman Sjaifurrachman
The urgency lies in the ambiguous definition, which allows this article to be interpreted in various ways and potentially forces anyone into the realm of criminal law. This is found in Article 156a, which states that anyone who deliberately expresses sentiments or performs acts essentially hostile, abusive, or blasphemous against a religion practiced in Indonesia shall be punished with imprisonment for a maximum of 5 years in public. The phrase "in public" is the subject of debate and could render the article ambiguous, allowing it to be used to target anyone desired to fulfill the criteria. The purpose of this research is to prevent the continued use of this ambiguous article for personal or group interests, and to stop the criminalization of speakers using this provision.
其紧迫性在于定义的模糊性,这使得该条款可以有多种解释,并可能迫使任何人进入刑法领域。第 156a 条规定,任何人故意表达敌视、辱骂或亵渎印尼宗教的情绪或行为,将被处以最高 5 年的公开监禁。公开 "一词是争论的焦点,可能会使该条款变得含糊不清,从而被用来针对任何希望符合标准的人。本研究的目的是防止继续利用这一模棱两可的条款谋取个人或团体利益,并制止利用这一条款对发言者进行刑事定罪。
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引用次数: 0
Authority of Surabaya City Government regarding Amending Fund Budget of Village 泗水市政府关于修改村庄基金预算的决定
Pub Date : 2024-02-13 DOI: 10.59653/jplls.v2i02.629
Fitri Yuliana, Rusdianto Sesung
The village is part of the Sub-district formed by Regency / City Regional Regulation led by a head called Head of Village as a Sub-district apparatus responsible to the District Head. The Head of Village is appointed by the Regent/Mayor on the proposal of the Regional Secretary and Civil Servants who meet the requirements by the provisions of the Laws and Regulations which assist the duties of the Sub-District Head in carrying out village government activities, carrying out community empowerment, implementing community services, maintaining public peace and order, and so on. The limits of the Surabaya City Government's authority in making changes to the Fund Budget of Village must be by Government Regulation Number 17 of 2018 Article 30 where changes to the Fund Budget of Village are not less than 5% of the Regional Revenue and Expenditure Budget after deducting the Special Allocation Fund. In addition, the determination and management of the Fund Budget of Village must be transparent, including when the Surabaya City Government makes changes, they must still be based on Government Regulation Number 17 of 2018 and Law Number 1 of 2022, wherein Law Number 1 of 2022 Article 173a states that the Government can require Regions to prioritize the use of budget allocations for specific activities (refocusing), changes in allocations, and changes in the use of the APBD, and the Government can adjust the maximum amount of the APBD deficit and Regional Debt Financing. Legal conformity in managing the Fund Budget of the Village has been stated in Law Number 23 of 2014, Article 1, Paragraph 47, and Law Number 130 of 2018, Article 1, Paragraph 8. Other legal conformity in managing the Fund Budget of Village is also stated in Government Regulation Number 17 of 2018 Article 30, Paragraphs 6 and 7, and in Law Number 1 of 2022 Article 1, Paragraph 75.
该村是根据摄政区/城市地区条例成立的分区的一部分,由一名称为村长的负责人领导,作为分区机构向区长负责。村长由执政官/市长根据地区秘书和符合法律法规要求的公务员的建议任命,这些法律法规规定村长的职责是协助分区负责人开展村级政府活动、增强社区能力、实施社区服务、维护公共和平与秩序等。2018 年第 17 号政府条例第 30 条规定,泗水市政府对村级基金预算的修改权限不得低于扣除特别拨款基金后的地区收支预算的 5%。此外,乡村基金预算的确定和管理必须透明,包括泗水市政府进行变更时,仍必须以2018年第17号政府条例和2022年第1号法律为依据,其中2022年第1号法律第173a条规定,政府可以要求各地区将预算拨款优先用于特定活动(调整重点)、变更拨款、变更APBD的用途,政府可以调整APBD赤字和地区债务融资的最高限额。2014年第23号法律第1条第47款和2018年第130号法律第1条第8款规定了乡村基金预算管理的合法性。2018 年第 17 号政府条例第 30 条第 6 款和第 7 款以及 2022 年第 1 号法律第 1 条第 75 款也规定了村庄基金预算管理的其他法律合规性。
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引用次数: 0
Authority of Surabaya City Government regarding Amending Fund Budget of Village 泗水市政府关于修改村庄基金预算的决定
Pub Date : 2024-02-13 DOI: 10.59653/jplls.v2i02.629
Fitri Yuliana, Rusdianto Sesung
The village is part of the Sub-district formed by Regency / City Regional Regulation led by a head called Head of Village as a Sub-district apparatus responsible to the District Head. The Head of Village is appointed by the Regent/Mayor on the proposal of the Regional Secretary and Civil Servants who meet the requirements by the provisions of the Laws and Regulations which assist the duties of the Sub-District Head in carrying out village government activities, carrying out community empowerment, implementing community services, maintaining public peace and order, and so on. The limits of the Surabaya City Government's authority in making changes to the Fund Budget of Village must be by Government Regulation Number 17 of 2018 Article 30 where changes to the Fund Budget of Village are not less than 5% of the Regional Revenue and Expenditure Budget after deducting the Special Allocation Fund. In addition, the determination and management of the Fund Budget of Village must be transparent, including when the Surabaya City Government makes changes, they must still be based on Government Regulation Number 17 of 2018 and Law Number 1 of 2022, wherein Law Number 1 of 2022 Article 173a states that the Government can require Regions to prioritize the use of budget allocations for specific activities (refocusing), changes in allocations, and changes in the use of the APBD, and the Government can adjust the maximum amount of the APBD deficit and Regional Debt Financing. Legal conformity in managing the Fund Budget of the Village has been stated in Law Number 23 of 2014, Article 1, Paragraph 47, and Law Number 130 of 2018, Article 1, Paragraph 8. Other legal conformity in managing the Fund Budget of Village is also stated in Government Regulation Number 17 of 2018 Article 30, Paragraphs 6 and 7, and in Law Number 1 of 2022 Article 1, Paragraph 75.
该村是根据摄政区/城市地区条例成立的分区的一部分,由一名称为村长的负责人领导,作为分区机构向区长负责。村长由执政官/市长根据地区秘书和符合法律法规要求的公务员的建议任命,这些法律法规规定村长的职责是协助分区负责人开展村级政府活动、增强社区能力、实施社区服务、维护公共和平与秩序等。2018 年第 17 号政府条例第 30 条规定,泗水市政府对村级基金预算的修改权限不得低于扣除特别拨款基金后的地区收支预算的 5%。此外,乡村基金预算的确定和管理必须透明,包括泗水市政府进行变更时,仍必须以2018年第17号政府条例和2022年第1号法律为依据,其中2022年第1号法律第173a条规定,政府可以要求各地区将预算拨款优先用于特定活动(调整重点)、变更拨款、变更APBD的用途,政府可以调整APBD赤字和地区债务融资的最高限额。2014年第23号法律第1条第47款和2018年第130号法律第1条第8款规定了乡村基金预算管理的合法性。2018 年第 17 号政府条例第 30 条第 6 款和第 7 款以及 2022 年第 1 号法律第 1 条第 75 款也规定了村庄基金预算管理的其他法律合规性。
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引用次数: 0
Natural Resource Management Principles and the Role of Law in Realizing Good Development Governance 自然资源管理原则和法律在实现良好发展治理中的作用
Pub Date : 2023-12-31 DOI: 10.59653/jplls.v2i01.575
Satriya Nugraha
The impact is that development will result in environmental destruction or pollution of the environment; it can be understood that, in fact, development is a disturbance or problematic natural and environmental balance. The research aims to discover the principles of natural resource management and the role of law in realizing good development governance. This paper used research with normative-empirical legal methods by looking at what happens in cases or facts that exist in the principles of natural resource management and the role of law in realizing good development governance. In essence, development in its implementation must be balanced with using natural resources that can impact the environment. Natural resources can have an impact on the environment itself in the prevention of damage to reduce the level of environmental damage. Prevention of damage To reduce environmental damage, it is necessary to implement development that pays attention to protection and environmental management. There must be support and publicity for the environmental law system. The first is the need for ease of natural resource management (stakeholders) to be fair to the community, and the second is the need for ease of natural resource management (stakeholders). To be fair to the community, secondly, there is a need for legal relaxation through a structure to weaken criminalization by criminalization actions using an early filtering system and increase the independence of the law guardians' profession through the prioritization of the ultimum remedium principle, and then the third is to continue to see a law-aware society, especially stakeholders in the sustainable use of natural resources remain sovereign for food and energy independence and continue to grow.
其影响是,发展将导致环境破坏或环境污染;可以理解为,发展实际上是对自然和环境平衡的破坏或问题。研究旨在发现自然资源管理的原则以及法律在实现良好发展治理中的作用。本文采用规范-实证法律方法进行研究,研究自然资源管理原则和法律在实现良好发展治理中的作用中存在的案例或事实。从本质上讲,在实施发展的过程中,必须兼顾使用会对环境产生影响的自然资源。自然资源会对环境本身产生影响,在预防破坏的过程中,要降低环境破坏的程度。预防破坏 为了减少对环境的破坏,必须实施注重保护和环境管理的发展。必须有环境法律制度的支持和宣传。首先是要便于自然资源管理(利益相关者),要对社会公平,其次是要便于自然资源管理(利益相关者)。要对社会公平,其次是需要通过一种结构来放松法律,利用早期过滤系统来弱化刑事定罪行动,并通过优先考虑ultimum remedium原则来提高法律监护人职业的独立性,然后是继续看到一个法律意识强的社会,特别是自然资源可持续利用方面的利益相关者保持粮食和能源独立的主权,并继续发展。
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引用次数: 0
Removal of Infected Muslim Body Covid-1 According to MUI Fatwa No. 18 Years 2020 根据 MUI Fatwa No.
Pub Date : 2023-12-29 DOI: 10.59653/jplls.v2i01.569
Fakhrurazi Fakhrurazi, Adlia Marshinta, Hasanah Aulia, Rajiv Nazry Faizullah Sina Gula, Wawan Setiawan, Okta Rosfiani
As a result of the COVID-19 pandemic, infected individuals have spread far and fatally affected a significant number of people. Indonesia is fearful and nervous about getting COVID-19. Even when COVID-19 patients have passed away, the virus can still spread to others who come into contact with a dead body. The qualitative, statutory, and normative research approach used to write this thesis is library research (library research) based on secondary sources. A qualitative investigation was carried out on the numerous documentary studies that have been done, which were done by looking through and perusing a variety of literature. Qualitative data is descriptive in nature, meaning it is gathered using words rather than statistics. The study's findings indicate that managing Muslim bodies infected with Covid-19 differs from handling corpses in general and calls for specific handling in accordance with MUI fatwa no. 18 of 2020 for managing the bodies of Muslims infected with Covid-19, in order to prevent infection of the general public and law enforcement personnel performing their duties.
由于 COVID-19 的大流行,受感染的个人已传播到很远的地方,并对大量人口造成致命影响。印度尼西亚对感染 COVID-19 感到恐惧和紧张。即使 COVID-19 患者已经去世,病毒仍会传播给接触过尸体的其他人。撰写本论文所采用的定性、法定和规范研究方法是基于二手资料的图书馆研究(图书馆研究)。通过翻阅和浏览各种文献,对已完成的大量文献研究进行了定性调查。定性数据具有描述性,即使用文字而不是统计数据来收集数据。研究结果表明,管理感染了 Covid-19 的穆斯林尸体不同于处理一般尸体,需要根据伊斯兰教祈祷团 2020 年第 18 号法特瓦(MUI fatwa no.2020 年第 18 号教令来管理感染 Covid-19 的穆斯林尸体,以防止公众和执行公务的执法人员受到感染。
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引用次数: 0
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Journal of Progressive Law and Legal Studies
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