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Law Enforcement Efforts of Theft in Gedong Tataan District Court Based on Pancasila Justice 基于Pancasila司法的格东-塔坦地区法院盗窃案执法工作
Pub Date : 2023-03-28 DOI: 10.25041/plr.v4i1.2928
M. D. Haikal, Rinaldy Amrullah
The theft crime is essentially taking the rights of others that do not belong to them secretly without coercion and the owner does not know about it. This action materially harms others and violates the values and norms that exist in society. The problem in this study is how the basis of the judge's consideration in deciding decision number 2/Pid.Sus-Anak/2022/PN.Gdt. This action materially harms others and violates the values and norms that exist in society. The problem in this study is to find out what is the basis for the judge's consideration in deciding decision number 2/Pid.Sus-Anak/2022/PN.Gdt. The problem approach used in this Legal Writing is a normative juridical and empirical juridical approach. The data sources in this research include primary data and secondary data. The resource persons in this research are judges at the Class II District Court of Gedong Tataan. The results of the research and discussion show that in deciding a juvenile criminal case, in this case, the crime of theft committed by a child, the judge as an official authorized to decide the case, sees the event from various existing legal facts and the results of research conducted by the community supervisor (PK) which later both of these become the basis for the consideration of the panel of judges. In the Gedong Tataan District Court itself, in meeting the standards for handling juvenile cases, several things still need to be addressed regarding facilities and infrastructure as regulated in the Decree of the Directorate General of the General Justice Agency.
盗窃罪本质上是在所有者不知情的情况下,在没有胁迫的情况下秘密夺取不属于他人的权利。这种行为对他人造成了实质性伤害,违反了社会存在的价值观和规范。本研究的问题是,法官在决定第2/Pid.Sus-Anak/022/PN.Gdt号决定时的考虑基础是如何的。这种行为对他人造成了实质性伤害,违反了社会中存在的价值观和规范。本研究的问题是找出法官在决定第2/Pid.Sus-Anak/022/PN.Gdt号决定时考虑的依据。本法律写作中使用的问题方法是一种规范的司法和经验的司法方法。本研究的数据来源包括初级数据和次级数据。本研究中的专家是格东塔坦二级地区法院的法官。研究和讨论的结果表明,在决定未成年人刑事案件时,在本案中,法官作为有权决定案件的官员,从各种现有的法律事实和社区监督员(PK)进行的研究结果中看到了这一事件,这两项研究后来都成为法官小组审议的基础。在格东-塔塔安地区法院本身,为了达到处理青少年案件的标准,在司法总局法令规定的设施和基础设施方面仍有几件事需要解决。
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引用次数: 0
Enforcement Quandary in Maritime Crimes: Espousing the Tangle of Prescriptive Jurisdiction 海事犯罪的执行困境:支持规定性管辖权的纠缠
Pub Date : 2023-03-28 DOI: 10.25041/plr.v4i1.2773
A. O. Abdulkadir
It is inconceivable to have crimes without laws created prescribing or enforcing them. There must also be in existence a concomitant authority, either a state or an institution vested with the capacity to enforce these laws. In cases those crimes that occur on land, it is usually straightforward to determine the body vested with the legal power to prescribe and enforce these claims. Through qualitative and quantitative sampling, this study argues that for crimes that occur on the sea; territorial, internal or high seas, determining the state with jurisdiction is not so clear. This is because there is the possibility that various states could have competing rights to prescribe, adjudicate and enforce criminal laws in relation to a criminal offense. It is therefore important that a survey of these competing/concurrent rights of states be carried out. This research also investigates whether, by international law, these rights are actually concurrent or whether one is superior to the other. It also carried out an assessment of how the concurrent rights of states are exercised and how conflicts are resolved when they occur. The research founds that in real terms, one should be superior to the others and not so concurrent.
如果没有法律的规定或执行,犯罪是不可想象的。还必须有一个相应的权力机构,无论是一个国家还是一个机构,都有能力执行这些法律。在发生在陆地上的犯罪案件中,通常很容易确定被赋予规定和执行这些索赔的法律权力的机构。通过定性和定量抽样,本研究认为,对于发生在海上的犯罪;领海、内海或公海,确定具有管辖权的国家并不那么清楚。这是因为各州有可能在制定、裁决和执行与刑事犯罪有关的刑法方面拥有相互竞争的权利。因此,对国家的这些相互竞争/同时存在的权利进行调查是很重要的。本研究还调查了根据国际法,这些权利是否实际上是并行的,或者一项权利是否优于另一项权利。它还对国家并行权利的行使方式以及冲突发生时如何解决进行了评估。研究发现,实际上,一个人应该优于其他人,而不是同时存在。
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引用次数: 0
Niet Ontvankelijke Verklaard (NO) Decision on the Criminal Case of Land Grabbing Perspective of Justice 司法视角下的土地掠夺刑事案件判决
Pub Date : 2023-03-28 DOI: 10.25041/plr.v4i1.2948
Dhinda Ratri Putristira
In cases of land grabbing, the overlap between civil and criminal law has created pre-judicial problems. This has resulted in the discourse of justice among those who anticipate law enforcement through criminal proceedings to be insecure. In addition, the Criminal Procedure Code does not recognize decision NO. This article examines the decision of Niet Ontvankelijke Verklaard (NO) in the final decision at the first level of the crime of land grabbing through the perspective of the value of justice. This article uses normative research using case-based, statutory, and conceptual methodologies. Data collection was carried out using literature review tools and interviews. Furthermore, qualitative data analysis was carried out. The findings of the study show that NO's decision in the final decision for the crime of land grabbing at the first level is intended to eliminate inconsistencies between criminal and civil judgments. Still, the Criminal Procedure Code does not recognize NO. Therefore, the NO decision cannot be given in a criminal case. If the indictment cannot be used to prosecute the defendant's actions, the decision can be an acquittal or a decision free from all lawsuits. Regarding the need for a civil decision regarding land ownership, it should be resolved in an interlocutory judgment. NO's verdict in the land grabbing case Number: 376.PID.B/2021/PN KOT does not fulfill the value of justice. Victims cannot get back the items they claim as their own, the public prosecutor cannot prove the accused's guilt, and the perpetrators do not know the exact status of the land. In addition, as a result of NO's decision, the case could not be retried (ne bis in idem), so justice and legal certainty were not achieved.
在土地掠夺案件中,民法和刑法之间的重叠造成了司法前的问题。这导致了那些预计通过刑事诉讼执法不安全的人对正义的讨论。此外,《刑事诉讼法》不承认第号决定。本文从司法价值的角度考察了Niet Ontvankelijke Verklaard(NO)在土地掠夺罪一级终审判决中的决定。本文使用基于案例、法定和概念的方法进行规范性研究。使用文献综述工具和访谈进行数据收集。此外,还进行了定性数据分析。研究结果表明,NO在一级土地掠夺罪最终判决中的决定旨在消除刑事判决和民事判决之间的不一致。然而,《刑事诉讼法》不承认“否”。因此,在刑事案件中不能作出“否”决定。如果起诉书不能用来起诉被告的行为,则判决可以是无罪释放或不受任何诉讼的判决。关于是否需要就土地所有权作出民事裁决,应在中间判决中予以解决。NO在编号为376.PID.B/2021/PN-KOT的土地掠夺案中的判决不符合正义的价值。受害者无法取回他们声称属于自己的物品,公诉人无法证明被告有罪,犯罪者也不知道土地的确切状况。此外,由于NO的决定,该案无法重审(一罪不二审),因此没有实现公正和法律确定性。
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引用次数: 0
Pancasila Law State As An Instrument Of Indonesian Legal Politics: Efforts To Achieve A Just Indonesian Legal State Pancasila法律国家作为印度尼西亚法律政治的工具:努力实现一个公正的印度尼西亚法律国家
Pub Date : 2022-12-19 DOI: 10.25041/plr.v3i2.2677
David Aprizon Putra, Nadia Veronica
The law is actually present for humans, and not the other way around.  This means that the law must be able to meet the human needs that are purposeful and boil down to the end of the whole substantive justice. Pancasila has accommodated that spirit as a whole,  the second and fifth precepts are the two. Precepts of Pancasila expressly carry the spirit of justice as one of its main pillars. This normative juridical paper uses 2 research approach methods, namely the statute approach and he historical approach. The data used in this study are secondary data consisting of primary legal materials,  secondary legal materials, and tertiary legal materials that are processed through 3 phases of processing data, namely data reduction, presentation and verification. Law enforcement, especially judges, have an important role in carrying out and building the legal structure of the Pancasila Law State, one of the main spearheads is social justice (justice for people) with rule breaking efforts.  The spirit that law enforcement should have should not be solely according to the legal way but rather refer to the reasonable way.  The legislators also play an important role, the stages and process of legislation are one part of the frame of the fundamental structure of the Pancasila Law State because at thes tage of the spirit of the regulation is formed.
法律实际上是为人类而存在的,而不是相反。这意味着法律必须能够满足人的需要,这种需要是有目的的,归根结底是整个实体正义。Pancasila将这种精神作为一个整体,第二和第五戒是两个。潘卡西拉的戒律明确地将正义精神作为其主要支柱之一。本规范性法学论文采用了两种研究方法,即成文法方法和历史学方法。本研究使用的数据是二级数据,由一级法律资料、二级法律资料和三级法律资料组成,经过数据还原、呈现和验证三个阶段的处理。执法部门,特别是法官,在潘卡西拉法治国家的法律结构的实施和建设中发挥着重要作用,其中一个主要的先锋是社会正义(为人民伸张正义)和打破规则的努力。执法应具有的精神不应仅仅是按照合法的方式执法,而应参照合理的方式执法。立法者也发挥着重要的作用,立法的阶段和过程是潘卡西拉法国家基本结构框架的一部分,因为在这个阶段形成了法规精神。
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引用次数: 0
Reconstruction of Law Enforcement in Indonesia Through Strengthening the Embodiment of Pancasila Values of Justice to Realize Humane Law Enforcement 加强潘卡西拉正义价值观的体现,实现人道执法,重建印尼执法
Pub Date : 2022-12-19 DOI: 10.25041/plr.v3i2.2739
Fajar Bima Alfian
The development of globalization has had both positive and negative impacts on all sectors in its implementation, especially law enforcement in Indonesia. The practice of law enforcement so far has continued without an adequate foundation, giving rise to injustice. Therefore, efforts are needed as preventive and curative steps, namely strengthening the realization of Pancasila justice in law enforcement to realize humane law enforcement, especially within the prosecutor's office. The research method used in this paper is normative juridical with a philosophical approach, a conceptual approach,, and a case approach. The results obtained are that law enforcement must prioritize the application of the noble values of Pancasila, which is balanced with the application of a philosophy of punishment based on the concept of restorative justice, which justice to frame various existing policies, so that the results of these policies can create a sense of justice that perpetrators feel, victims, the public and answer various problems in the judiciary and lead to the creation of humane prosecutors, besides that the values of Pancasila must be attached to law enforcers, especially prosecutor's profession. Judges decide cases with the direction "For the sake of God Almighty", but the role of the prosecutor's office must also take part in law enforcement in Indonesia so that it is fairer.
全球化的发展对执行全球化的所有部门,特别是印度尼西亚的执法工作产生了积极和消极的影响。迄今为止,执法做法一直没有充分的基础,导致了不公正现象。因此,需要采取预防和治疗措施,即在执法中加强Pancasila司法,以实现人道执法,特别是在检察官办公室内。本文采用的研究方法是规范的司法方法,包括哲学方法、概念方法和案例方法。所取得的结果是,执法部门必须优先应用Pancasila的崇高价值观,这与基于恢复性司法概念的惩罚哲学的应用相平衡,恢复性司法是制定各种现有政策的正义,以便这些政策的结果能够创造出犯罪者、受害者、,除此之外,Pancasila的价值观必须与执法者,特别是检察官的职业相联系。法官以“为了全能的上帝”的指示来裁决案件,但检察官办公室的角色也必须参与印尼的执法,这样才能更公平。
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引用次数: 0
Termination of Prosecutions Based On Restorative Justice in The Settlement of Criminal Cases In The Area of The High Prosecutors Of Lampung 基于恢复性司法的终止起诉在南邦高级检察官辖区刑事案件处理中的应用
Pub Date : 2022-12-19 DOI: 10.25041/plr.v3i2.2734
Yuris Oktaviyani Citizen
The Attorney General's Office of the Republic of Indonesia has issued a breakthrough in efforts to resolve cases through the termination of prosecution based on restorative justice. The Prosecutor's Office of the Republic of Indonesia, a law enforcement officer referred to as a case controller based on the dominus litis principle has a significant role in determining the success of applying restorative justice in Indonesia. Therefore, this article examines and analyzes the implementation and inhibiting factors for stopping prosecutions based on restorative justice in settlement of criminal cases in the Lampung High Court area. The research method in writing this paper uses a normative juridical and empirical juridical approach, with 6 (six) sources from academics and the Public Prosecutor in the Lampung High Prosecutor's Office. The data is then processed and analyzed cumulatively. Based on the research results, the Lampung High Court has adopted the termination of restorative justice-based prosecutions in three (three) District Attorney's Offices. Meanwhile, the obstacle to stopping restorative justice-based prosecutions in the Lampung High Court area is dominated by overlapping arrangements for implementing restorative justice between law enforcement agencies, namely the Prosecutor's office and the police, which legal uncertainty and lead to disparities in law enforcement and the lack of community participation, especially among victims.
印度尼西亚共和国总检察长办公室通过终止基于恢复性司法的起诉,在解决案件的努力方面取得了突破。印度尼西亚共和国检察官办公室是一名被称为案件控制员的执法官员,根据民事主体原则,在决定印度尼西亚是否成功实施恢复性司法方面发挥着重要作用。因此,本文对楠邦高等法院地区刑事案件解决中基于恢复性司法的停止起诉的实施和制约因素进行了考察和分析。撰写本文的研究方法使用规范的司法和实证司法方法,来自学者和楠pung高级检察官办公室的检察官的6(6)个来源。然后对数据进行累积处理和分析。根据研究结果,楠邦高等法院在三个地区检察官办公室采取了终止恢复性司法起诉的措施。同时,在楠邦高等法院地区制止以恢复性司法为基础的起诉的障碍主要是执法机构,即检察官办公室和警察之间在执行恢复性司法方面的重叠安排,这种安排在法律上不确定,并导致执法方面的差异和缺乏社区参与,特别是受害者的参与。
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引用次数: 2
Work From Anywhere (WFA): Formulation of Policy Design for the Work System of State Civil Apparatus as Government Bureaucratic Efficiency In The New Normal Era 随时随地工作(WFA):新常态下政府官僚效率下国家民用机构工作制度的政策设计
Pub Date : 2022-12-19 DOI: 10.25041/plr.v3i2.2769
Daffa Ladro Kusworo, Maghfira Nur Khaliza Fauzi
The changes in the order of people's lives after the Covid-19 pandemic stimulated the government to find the right policy direction, especially related to the work system of the State Civil Apparatus (ASN). Efforts to build a more adaptive work mechanism in dealing with crises initially created a Flexible Working Arrangement (FWA) policy which was implemented with Work From Home (WFH) as stated in the KemenPANRB Circular Number 19 of 2020 concerning Adjustment of the ASN System in Efforts to Prevent the Spread of Covid-19 The implementation of this policy has succeeded in achieving performance so that in the long term the government plans to implement a new work system model in the current New Normal era, namely Work From Anywhere (WFA). Later, ASN can work according to their convenience to improve the performance and better quality of public services. This formulation is also the embodiment of Industry 5.0 in work culture, so instead of closing oneself off from a restrictive system and working time, people can align it with the ever-evolving technology infrastructure as part of the reform agenda set out in Presidential Regulation No. 81 2010. This study uses a normative legal research method with an approach to legislation and literature study and uses descriptive analysis in managing qualitative data by applying a deductive method. The study results explain that the WFA concept is a new step for the government with a monitoring and evaluation system for ASN Number 8 of 2022. Furthermore, it is recommended to form a PermenPANRB. It is hoped that it will not only be a temporary solution but future-oriented in improving the performance of ASN based on the actual result.
新冠肺炎大流行后人们生活秩序的变化促使政府找到正确的政策方向,特别是与国家民用设备(ASN)的工作系统有关的政策方向。建立一个更具适应性的工作机制以应对危机的努力最初创建了一项灵活工作安排(FWA)政策,该政策通过在家工作(WFH)实施,如2020年关于调整ASN系统以防止新冠肺炎传播的KemenPANRB第19号通知所述从长远来看,政府计划在当前的新常态时代实施一种新的工作系统模式,即随时随地工作(WFA)。稍后,ASN可以根据其方便性进行工作,以提高公共服务的性能和质量。这一提法也是Industry 5.0在工作文化中的体现,因此,作为2010年第81号总统令中规定的改革议程的一部分,人们可以将其与不断发展的技术基础设施相结合,而不是将自己封闭在限制性的系统和工作时间之外。本研究采用规范的法律研究方法,采用立法和文献研究的方法,并采用演绎法对定性数据进行描述性分析。研究结果解释说,WFA概念是政府对2022年第8号ASN的监测和评估系统迈出的新一步。此外,建议成立PermenPANRB。希望它不仅仅是一个临时的解决方案,而是面向未来,根据实际结果提高ASN的性能。
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引用次数: 0
Alternatives For Providing Compensation For The Detention Of A Defendant Whose Case Is Acquitted 为无罪被告的拘留提供赔偿的替代方案
Pub Date : 2022-12-19 DOI: 10.25041/plr.v3i2.2733
A. Akbar
Pretrial is still a paradox that creates uncertainty in compensating defendants who are acquitted and have permanent legal force. Pretrial is one way to enforce true justice, to enforce law, and truth through horizontal means as regulated in Article 80 of the Criminal Procedure Code to show the essence of pretrial as a form of supervision of coercive measures that have been carried out by investigators and public prosecutors against suspects. Therefore, this study aims to analyze the policy of criminal law regarding the alternative of providing compensation other than through pretrial. This research uses a normative juridical approach and a sociological juridical approach. The data used in this study are secondary data and primary data and use library research and interview instruments. So to the results of this study, there are 2 (two) alternatives for providing compensation for the detention of the defendant whose case was acquitted and had permanent legal force. First, compensation is included in the court decision in case of a loss due to a criminal act. Second, compensation can be made through an Alternative Dispute Resolution (ADR) with a court order. The legal implication when a judge provides compensation for the detention rights of a defendant whose case is acquitted and has permanent legal force is that the state must fulfill its obligation to pay compensation to the defendant. However, if the claim for compensation is rejected, it will result in losses from the accused's social, economic, and human rights aspects.
审前审判仍然是一个悖论,它在补偿被无罪释放并具有永久法律效力的被告方面造成了不确定性。预审是通过《刑事诉讼法》第80条规定的横向手段实现真正正义、执法和真相的一种方式,以显示预审的本质,作为对调查人员和检察官对嫌疑人采取的强制措施的监督形式。因此,本研究旨在分析刑法关于通过审前以外的其他方式提供赔偿的政策。本研究采用规范司法方法和社会学司法方法。本研究中使用的数据是二次数据和一次数据,并使用图书馆研究和访谈工具。因此,根据这项研究的结果,有两(两)种替代方案可以为被告的拘留提供赔偿,被告的案件被判无罪并具有永久法律效力。首先,在因犯罪行为造成损失的情况下,法院判决中包括赔偿。其次,可以通过法院命令的替代争议解决(ADR)进行赔偿。当法官为案件被无罪释放并具有永久法律效力的被告的拘留权提供赔偿时,法律含义是国家必须履行向被告支付赔偿的义务。然而,如果索赔被驳回,将导致被告在社会、经济和人权方面的损失。
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引用次数: 0
Construction of Restorative Justice Law Enforcement by The Prosecutor: Development Law Theory Perspective 检察官恢复性司法执法的构建:发展法学理论视角
Pub Date : 2022-11-16 DOI: 10.25041/plr.v3i2.2718
Ganiviantara Pratama
The development and dynamics of society is very complex. Complexity also includes law enforcement in Indonesia. There are so many problems: first, prison overcapacity; second, handling small crimes and legal action against children and narcotics problems are a series of problems that exist in Indonesia. Restorative Justice is here to show changes in all these legal problems. This writing is a normative juridical writing with a conceptual approach (Conceptual Approach) and a statutory approach (Statute Approach). This writing is presented in a qualitative descriptive. The results of this paper discuss specifically about the urgency of Restorative Justice law enforcement in the Indonesian criminal justice legal system and the form of social engineering construction of restorative justice law enforcement by the prosecutor's office. The form of social engineering initiated by the prosecutor's office as an active actor in law enforcement is expected to form a more humane prosecutor's institution and improve its image as a law enforcement agency with integrity.
社会的发展和动态是非常复杂的。复杂性还包括印度尼西亚的执法。有这么多问题:首先,监狱产能过剩;其次,处理小规模犯罪和针对儿童的法律行动以及毒品问题是印度尼西亚存在的一系列问题。恢复性司法在这里展示了所有这些法律问题的变化。本著作是一部规范性的司法著作,采用概念法(概念法)和法定法(规约法)。本文以定性描述的形式呈现。本文的研究结果具体讨论了印尼刑事司法法律体系中恢复性司法执法的紧迫性,以及检察官办公室恢复性司法法律执行的社会工程建设形式。检察官办公室作为执法活动的积极参与者发起的社会工程形式有望形成一个更人性化的检察官机构,并提高其作为廉洁执法机构的形象。
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引用次数: 0
Sexual Harassment of Female Employees in The Workplace: Imperative For Stringent Legal And Policy Frameworks In Nigeria 女员工在工作场所的性骚扰:尼日利亚迫切需要严格的法律和政策框架
Pub Date : 2022-11-10 DOI: 10.25041/plr.v3i1.2754
Enobong Mbang Akpambang
The central objective of the article was to investigate the challenges posed by work-associated sexual intimidation of female workers and whether there were binding legislative and policy frameworks to address the problem in Nigeria. To achieve the aim, the study adopted both doctrinal and comparative approaches by evaluating some available literature in the area and comparing Nigeria’s position with some selected foreign jurisdictions with legislative provisions barring harassment. The article also adopted some theoretical models to explain the possible reasons for sexual harassment. It was discovered that the menace of sexual harassment at workplace has received a robust attention domestically and globally from researchers and organizations with available data showing that the despicable practice occur both in public and private establishments and that it has considerable negative effects on employers as well as on the health and psychological welfare of employees. The work revealed that unlike some other countries, Nigeria lacked precise anti-sexual harassment legislation and that the extant national legislative frameworks on sexual-related offences are inadequate to effectively curb the problem. Thus, the article recommended that there is need for stringent legal and policy frameworks to be put in place in Nigeria in order to tackle the hydra-headed problem of job-related sexual harassment as are obtainable in the three foreign jurisdictions examined in the paper.
该条的中心目标是调查与工作有关的对女工的性恐吓所带来的挑战,以及尼日利亚是否有具有约束力的立法和政策框架来解决这一问题。为了实现这一目标,该研究采用了理论和比较方法,评估了该领域的一些现有文献,并将尼日利亚的立场与一些有禁止骚扰立法规定的选定外国司法管辖区进行了比较。文章还采用了一些理论模型来解释性骚扰的可能原因。研究发现,工作场所性骚扰的威胁在国内外都受到了研究人员和组织的强烈关注,现有数据表明,这种卑鄙的做法既发生在公共场所,也发生在私人场所,对雇主以及员工的健康和心理福利产生了相当大的负面影响。这项工作表明,与其他一些国家不同,尼日利亚缺乏精确的反性骚扰立法,现有的关于性犯罪的国家立法框架不足以有效遏制这一问题。因此,该文章建议,尼日利亚有必要制定严格的法律和政策框架,以解决与工作相关的性骚扰这一复杂问题,这在本文审查的三个外国司法管辖区都可以得到。
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引用次数: 0
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