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The Legal Application of Consumer and Halal Product Protection in the Health Sector

Martha Eri Safiraa, Moch. Chotibb, Dewi Irianic, Arief Budionod, a,b,cFakultas Syariah IAIN Ponorogo, dFakultas Hukum Universitas Muhammadiyah Ponorogo, Email: amarthasafira82@gmail.comcde.calissta8113@gmail.comdarrevahims@gmail.com

Health and being healthy is the right of everyone. Yet, are the existing laws able to give legal protection of health for the Indonesian citizens? There have been cases where products which may harm the health were found, and that their halal certification is still questionable, though such certification is important for Muslims. On 2018, the public were shocked by the results of research done by the University of New York, United States, which announced that microplastic components were found in bottled mineral water from the brands Aqua, Nestle, and Club. Then, at the end of 2018, worm parasites were found in canned mackerel fish. Another interesting case is regarding immunisation vaccines, where the perspective regarding its halal-ness were still debated by the Indonesian citizens. Apart from that, the free distribution of illegal cosmetics is still an ongoing issue in Indonesia, where its impacts on health and its halal-ness are still ignored. There have also been cases on the distribution of dangerous medicine without a doctors’ prescription. Thus, this paper analyses how far the essence of UUPK (the Constitution which regulates Consumer Rights) and UU Product Halal (the Constitution which regulates Halal Products) are in protecting the health rights of the Indonesian consumers, and how the regulations and the roles of the government are in making efforts to implement and enforce these laws. Results of the analysis show that the implementation of the Consumer Rights Constitution is still minimum, though the rights for health is a basic component of the human rights. Pages 1 to 18

 

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Protection against Child Labour

Meilan Lestaria, Erlinab, Monika Melinanc, Faculty of Law, Universitas Islam Riau, email: meilan@law.uir.ac.id, erlinashmh@yahoo.com, monikamelina@yahoo.com

Children are the greatest mandate and gift given by God Almighty to both parents. Children must be educated, guarded, nurtured, and protected. In children there is an inherent value and dignity as a human. However, a consequence of the demands of the enormous economic needs is that minors become involved in completing economic needs by working. This is what we have to think about together; especially parents and the government. Problems that have occurred need resolution, because children have the right to be protected, guarded and given education without any discrimination. Pages 19 to 29

 

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 Public Domain in Dispute Settlement of Cancellation of Industrial Design Rights

Muchtar Anshary Hamid Labetubuna, aLecturer in Civil Procedure Law at the Faculty of Law, University of Pattimura, Ambon, Indonesia, Email: amahlabetubun@gmail.com

Economic rights in Industrial Design have protection that is limited to a period of 10 years. After the expiration of protection, Industrial Designs that previously owned exclusive rights by the holders of rights to Industrial Design become public property; so that the Industrial Design has no obligation to ask permission to the rights’ holders for Industrial Design to use the Industrial Design. This is generally referred to as Public Domain, as stipulated in Article 2 paragraph (1) and (2) of Law Number 31 Year 2000 concerning Industrial Design, that "Design rights Industry is granted for a new Industrial Design, Industrial Design is considered new if on the date of Acceptance, the Industrial Design is not the same as pre-existing disclosures”. So basically, Industrial Design has a new principle. However, in reality, there are several cases of Industrial Design in resolving disputes over Industrial Design rights that have been registered, because the Industrial Design has become Public Domain, and there has been a cancellation of Industrial Designs including Cases: Industrial Design of Oil Bottles, Industrial Design of Lighters, Industrial Design of Packaging Boxes 4 (Four) Square, Industrial Design CBK 124 Cabinets, Garuda Motorcycles, Industrial Design Disk Places, Industrial Socks Design, Industrial Design Folding Iron Door Chains and Folding Iron Door Leaves, X2 Shoe Strip Industrial Designs, and Industrial Design TMS Roll Forming Machines Machine. Pages 30 to 42

 

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Legal Protection for Consumers against Fraud on E-Commerce: A Comparative Law Analysis

Rosyidi Hamzaha, Cheny Berlianb, Rahmi Yuniartic, a,b,cDosen Fakultas Hukum Universitas Islam Riau, Email: arosyidi_hamzah@yahoo.com, bcheny_berlian@yahoo.com, crahmiyuniartizr@gmail.com

Technology development has an impact on various legal aspects in the world. Trade transaction was one of the aspects that developed rapidly when the internet began to be introduced. Trade transactions are no longer limited by areas at this time and no longer have to confront the parties directly. Accessibility of trade through an electronic system for the community can improve the community`s economy, but also faces the act of cheating (fraud) from irresponsible parties. Fraud on e-commerce is making it hard for consumers who can't do anything to ask for responsibility, because often, there is no proof. The act of fraud that is  occurring harms the consumers, and there is the emergence of issues concerning legal protection for consumers and the responsibility of an e-commerce company of the act of cheating (fraud). Arrangements related to e-commerce which were widespread in some different legislation made the problem with the regulation of synchronisation of e-commerce, and it needs adjustment with the regulation of International law, as an attempt to create protection and certainty while doing transactions on e-commerce. Fraud prevention and tackling on e-commerce have some issues, because of former legal regulations set about the real legal actions and they must adapt to something that is virtual. E-commerce has become a part of national and international commerce, so regulation of the e-commerce industry has to be comprehensive. The content is broad and related to the importance of harmonisation and regulatory unification on national and international law and it needed review from various arrangements regarding fraud actions of E-commerce. Pages 43 to 54

 

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Implementation of Confidentiality and Data Security in the Execution of the Lending and Borrowing Money Service Based on Information Technology in Indonesia

Sri Wahyunia, aLecturer in Civil Procedure Law Faculty of Law, University of Bhayangkara, Jakarta Raya, Email: asri.wahyuni@dsn.ubharajaya.ac.id

The development of information technology has had an influence on various fields in Indonesia, especially on developments in the field of information technology lending and borrowing services known as Financial Technology (Fintech). However, many people are unaware that borrowing and borrowing money using these applications actually has a negative impact when the debtor experiences default, so the financier commits defamation, or harassment of women's honour, including violations of human rights. This is contrary to the principle of confidentiality and security of user data. Regarding these principles regulated in Article 29 letter d OJK Regulation 77 / POJK.01 / 2016 concerning information technology lending and borrowing services and Article 4 letter g OJK Regulation Number 13 / PJOK.02 / 2018 concerning digital financial innovation in the financial services sector, and Article 31 OJK Regulation Number: 1 / POJK.07 / 2013 concerning Consumer Protection in the Financial Services Sector, the purpose of this study is the implementation of the confidentiality and data security principles of customers who borrow money through the online platform in Indonesia. This research uses the normative legal research method. The results of the study were to find out about the implementation of the principles of confidentiality and data security of debtors in the operation of lending and borrowing services through Illegal Fintech and settlement of disputes in Indonesia. Pages 55 to 67

 

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An Alternative to Sharia Insurance Dispute Resolution through the National Sharia Arbitration Agency (Basyarnas) in Indonesia

Wetria Fauzia, Devianty Fitrib, a,bFaculty of Law, Andalas University, Padang, Indonesia, email: wetriafauzi@law.unand.ac.id

The insurance business is very fast at the moment because it provides benefits to the community, both insurance with conventional and sharia concepts. Islamic insurance is growing at this time. The parties in this agreement both the policy holder and the insurance company as insurers have not resolved the occurrence of the dispute, the conflict that occurred could have been caused by a party that broke the promise of the agreement that was mutually agreed in the contract. Dispute resolution in Islamic insurance basically can be resolved through an alternative out of court, one of which is with the National Sharia Arbitration Board (BASYARNAS). BASYARNAS is very useful in solving Sharia Insurance disputes. Sharia insurance settlements are appointed by individuals who are experts in their fields so that the settlement is more optimal and handled by competent individuals. It should be emphasised in the clause of the sharia insurance agreement (policy) regarding the choice of the dispute resolution agency through this sharia arbitration institution. Pages 68 to 75

 

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Legal Protection for Participants of the Health Social Security Organising Agency

Annisa Halika, Rosyidi Hamzahb, Syafrinaldic, a,b,cFaculty of Law, Universitas Islam Riau, Pekanbaru, Indonesia, Email: aannisahalik@gmail.combrosyidi_hamzah@yahoo.comcsyafrinaldi40@yahoo.com

The Social Security Organising Agency (BPJS) as the Implementing Body is a public legal entity formed to organise a health insurance program for all Indonesians. But in fact, regarding services in fulfilling the rights of BPJS Health participants in the Teluk Kuantan District Hospital there were obstacles in 2016. BPJS services were stopped for approximately six months. The management of the Kuantan Bay Regional Hospital, Kuantan Singingi Regency, Riau Province has temporarily suspended health services for BPJS Health participant patients, because the supply of medicines for BPJS Health patients is problematic. The Regional Hospital does not have any medicine supplies because the Regional Hospital is in arrears in the amount of Rp. 2.6 billion to third parties; namely pharmacies as partners. The main problem in this study is how the legal protection of the participants of the Health Social Security Organising Agency in the Teluk Kuantan Regional Hospital in terms of the Regulation of the Health Social Security Organising Agency No. 1 of 2014 concerning the Implementation of Health Insurance. The method used in this study is included in the class of observational research conducted by survey. The information is collected from respondents using primary data and secondary data. This research is analytical descriptive, which provides a detailed, clear and systematic description of the main problems of the study. Legal protection related to BPJS of health participants who took medication at Teluk Kuantan Regional Hospital is based on a case that occurred in 2016, BPJS participant patients did not get legal protection because their rights were not fulfilled. In this case, it clearly violates the provisions of Article 25 Paragraph (1) letter d of the Regulation of the Social Security Organising Agency Number 1 of 2014 concerning Health Insurance Providers. Pages 76 to 91

 

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 Distribution of Proof Expenses in the Settlement of Consumer Compensation Disputes

Iga A Ari Krisnawatia, aFaculty of Law, Universitas Udayana, Email:  aarilaw1980@gmail.com

The general arrangement for the distribution of the burden of proof of civil cases is regulated in Article 1865 BW article 163 HIR / 283 RBG, which states "whoever declares a right of another person, refers to an event, is required to prove the right or event". This general setting is not always appropriate for every case. As in the case of a consumer lawsuit for product losses, if guided by the provisions of the law, the consumer is always the plaintiff who is burdened with proof. The burden of proof is heavy for consumers because consumers generally do not know the ins and outs of production, the technology applied and the materials that are actually used by producers as business operators. Therefore, Law No.8 / 1999 adopts a system of the burden of proof reversed in the burden of proof as explained in its explanation without formulating the meaning of the burden of proof of reverse. This formulation is important to guide judges in sharing the burden of proof in resolving consumer and community dispute justice seekers. Based on the approach of the analysis of the legal concept of the burden of reverse evidence is the burden of proof on the presumption of the element of error in the defendant (business actor) and the plaintiff (consumer) is sufficient to provide the facts of the loss in the presence of a mistake that violates the law of the defendant. The defendant is acquitted of compensation if he can prove the error due to consumer error. Pages 92 to 108

 

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Electronic Notary Deed: A Legal Certainty Study Based on the Law of Notarial, the Law of the Limited Liability Company and the Law of Electronic Transaction and Information

Azmi Fendria, Yussy Adelina Mannasb, a,bLaw Faculty of Andalas University, Email: aazmifendri75@gmail.combyussymannas@yahoo.com

The problem right now with regard to an authentic deed is the existence of a notary obligation which is affirmed in Article 16 Paragraph (1) letters c and m Notarial Law states. Notary has obligations, including the obligation to attach letters and documents and fingerprints of parties on the Minutes of Deed. In addition, the Notary also has the obligation to read the Deed before the parties, attended by at least 2 (two) witnesses, or 4 (four) special witnesses for the making of a will under the hand, and signed at the same time by the parties, witnesses, and Notary. The substance of these articles becomes contradictory if related to Article 77 Paragraph (1) concerning Limited Liability Company Law; which confirms the General Meeting of Shareholders can also be held through teleconferencing media, video conferences, or other electronic media facilities that allow all GMS participants to see and hear each other directly and participate in meetings. In the explanation of Article 77 Paragraph (4) of the Limited Liability Company Law it is explained that what is meant by being approved and signed is to be approved and signed physically or electronically. On the other hand, the Notarial Deed cannot be declared as an Electronic Document so that it cannot be used as legal evidence as intended in Article 5 Paragraph (1) of the Information and Electronic Transaction Law. Based on legal issues in the three Laws mentioned above, namely the Law of Notary Position, the Limited Company Law and the Electronic Information and Transaction Law, the author will conduct an analysis of legal certainty and legal benefits regarding the Notary Deed electronically. Pages 109 to 119

 

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Land Acquisition for the purpose of Low-Income Housing by applying the Concept of 3 in 1 in  Land Acquisition

Jarot Widya Muliawana, aFaculty of Law, Brawijaya University, Malang, Indonesia, Email: ajarotmuliawan@yahoo.com

This research  aims to examine  land acquisition for the purpose of Low Income Housing conducted by the regulation of land acquisition for private interest. By deploying socio-legal and normative studies, it shows that there is still legal uncertainty in  society because the development of Housing is not included in the types of public interests  stipulated in Article 10 Law No. 2 of 2012 on Land Acquisition for Development based on Public Interest. Therefore, in practice there are still some issues which private participants encountered in the process of land acquisition for the use of development. Pages 120 to 132

 

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Confirmation of Taxpayer Status at the Land Services Office Reviewed from the Principle of Utilization in the Context of Land Purchase Transactions

Suhermana*, Heru Suyantob, a,bFaculty of Law, UPN Veteran, Jakarta, Indonesia, Email: a*Suherman_upn@yahoo.com

In buying and selling land transactions the seller and buyer will be subject to seller tax in the form of income buyer tax. Income tax is in the form of  tax on the acquisition of land rights. In connection with the registration of the transfer of rights above, the Government has issued provisions regarding Confirmation of Taxpayer Status on  Land Service at the Ministry of Agrarian Affairs and Spatial Planning / National Land Agency as stipulated in the Ministry  for Agrarian Affairs and Spatial Planning / Head of the National Land Agency of the Republic of Indonesia Number 21 2017. Looking at the development of community practices, it is clear there are still people living in rural areas who do not have a taxpayer identification number. So, when a sale and purchase transaction takes place, it is followed by registration of land rights for the first time which causes  many difficulties. This type of research is normative juridical with secondary data consisting of primary, secondary and tertiary legal materials. Data was collected by conducting a literature review through an interview technique processed qualitatively according to the problem and theoretical framework in a logical and systematically way to achieve the objectives of this study, which is to discover  legal provisions for Confirming Taxpayer Status in Land Services at the Ministry of Land Affairs, Agrarian Affairs and Spatial Planning / National Land Agency. Specific targets to be achieved include: (i) confirmation of taxpayer status in the office of the National Land Agency can hamper the process of making certificates, (ii) provisions for confirmation of taxpayer status at the Agency's National Land office are contrary to the principle of expediency in law. Pages 133 to 147

 

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 The relationship between Religion and State according to the Constitution of the Republic of Indonesia 1945

Supartoa, aFaculty of Law, Universitas Islam Riau Jl. Kaharuddin Nasution No.113 Marpoyan, Pekanbaru, Riau 28284 Indonesia, Email: asuparto@law.uir.ac.id

The relationship between religion and state is an interesting topic to study because each nation  has its own rules and principles  in understanding and applying it. The existence of religion in Indonesia is guaranteed by its inclusion in the state ideology of ‘Belief in the one and only God’ in the first principle of Pancasila. Nevertheless, Indonesia is not a religious state with the understanding based on certain religions. Therefore, religious law must have a proper place to continue to grow and develop in society. The purpose of this study is to determine the relationship between religion and state according to the 1945 Constitution of the Republic of Indonesia. This type of research is normative legal research and uses secondary data. Based on the results it can be concluded that in Indonesia religious life is guaranteed by the state as stipulated in Article 29 of the 1945 Constitution. The relationship between religion and state is mutual , religion needs the state for the development of its religion and the state needs religion for moral national enhancement. As a consequence of the relationship between religion and the state, we should no longer define ourselves as a "non-religious  state" and a "non- secular state" as occurred  in the New Order era. The statement "non-religious  state" has degraded the position of " State based  Belief in the one and only God." While "non-secular  state" is not strong or explicit enough or less explicit  than" Belief in the one and only God”  as the basis of the state. Therefore, , in the future it is necessary to state that Indonesia is a religious country. A religious state is a country that places a Godhead as the foundation of the life of the nation and state. Pages 148 to 159

 

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The Position of Customary Forests in Indonesia after Constitutional Court's Decision No. 35/PUU-X/2012

Supartoa, aFaculty of Law, Islamic University of Riau, Jl. Kaharuddin Nasution 113, Marpoyan, Pekanbaru, Riau 28284, Indonesia, Email: asuparto@law.uir.ac.id

Forests in Indonesia based on their tenure status consist of State Forests and Private Forests. So far, based on Law No. 41 of 2019, Customary Forests are included in State Forests.  As it is considered to violate the constitutional rights of indigenous and tribal peoples, Law No. 41 of 1999 concerning Forestry was submitted by the Judicial Review to the Constitutional Court (MK). The research method uses a normative legal approach with secondary data. Data analysis was carried out in a qualitative descriptive method. Based on the decision of the Constitutional Court Number 35 / PUU-X / 2012 against Judgment of Law No. 41 of 1999 Concerning Forestry, Indigenous Forests are no longer a part of State Forests but are placed in the category of private forests. As a follow up to the decision of the Constitutional Court Number 35 / PUU-X / 2012,  the Ministry of Environment and Forestry of the Republic of Indonesia issued Ministerial Regulation Number: P.32 / Menlhk-Setjen / 2015 on private forests. The regulation outlines that the stipulation of customary forests into private forests is carried out in two stages : (1) Recognition of the existence of indigenous peoples or customary rights through Regional Regulations (Perda). (2) Determination of the Minister of Environment and Forestry over customary forests into private forests. There are several provinces in Indonesia that have established Indigenous Forests including the Provinces of Jambi, Lampung, West Kalimantan, Central Kalimantan, Central Sulawesi, Southeast Sulawesi and South Sulawesi. Therefore,  other provinces that have customary forests must be proactive to immediately make a local regulation about the existence of customary law communities or rights, which is one of the conditions for establishing customary forests.  Pages 160 to 170

 

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The Implementation of Execution Auction by Creditors on Debtor Rights’ Guarantee in the Office of State Assets and Auction Services (KPKNL)

Surizki Febriantoa, Sri Devi Ayundab, a,bFaculty of Law, Islamic University of Riau, Jl. Kaharuddin Nasution No. 113. Marpoyan Damai, Pekanbaru, Riau 28284, Indonesia, Email: asurizkifebrianto@law.uir.ac.idbsrideviayunda@gmail.com

The study entitled "The Implementation Of Execution Auction By Creditors On Debtor Rights Guarantee In The Office Of State Assets And Auction Services (KPKNL) In Indonesia" is motivated by a form of inability of customers / debtors who made late payments of overdue loans. Legal certainty of auction of execution of mortgage rights can be carried out based on Article 20 paragraph (1) letters a and b as well as paragraph (2) UUHT, execution of Mortgage Rights collateral objects can be completed in three ways without a courtesy that can be used by creditors to execute the object of collateral Mortgage Right if the debtor defaults, namely: (1). Execution Parate, (2). Executive Title, and (3). Sales of Mortgage objects under the hand. This research investigates  the execution of auctions by creditors against guarantees of mortgage rights of the debtor at the Office of State Assets and Auction Services (KPKNL) Pekanbaru and the execution of the debtor and other third parties against the execution of the auction process by the creditor against the guarantee mortgage rights of the debtor at the Pekanbaru State Assets and Auction Service Office (KPKNL). The method used in this research is observational research conducted by survey. In this study, information was collected from respondents using primary and secondary data. The research is both analytical and descriptive, giving a detailed, clear and systematic account of the research’s main problem . The implementation of Auction execution of Article 6 of the Underwriting Right Act is carried out if the debtor is in default (breach of contract), then the Underwriting Right holder has the right to sell the Underwriting Right object through  his or her own power through a public auction, namely the Office of State Assets and Auction Services (KPKNL) Pekanbaru, and take the payment of the receivables from the sale. Pages 171 to 188

 

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Dispute Resolution of EKS Railway Land by PT. Kereta API Indonesia (PT. Kai Persero) in Sumatera Barat

Yontri Faisala, Yulia Mirwatib, aPhD student at the University of North Sumatra, bLecturer in the Law Faculty at Andalas University, Email: ayontrifaisal3@gmail.combyuliamirwati@gmail.com

Article 1548 of the Civil Code (KUHPer) regulates lease agreements—that is, an agreement that gives the enjoyment of an item to another party for a certain period with payment of rent. The civil legal system adheres to the differentiation of movable and fixed property. One of the fixed objects is land. In principle, anyone can lease various types of goods, both fixed and movable. Since the issuance of the UUPA, this lease provision does not apply because land is subject to the UUPA. The UUPA contains the principle of horizontal separation, between land and everything contained on it. The UUPA distinguishes land rights by several types, such as ownership rights, business use rights, building rights, use rights, and lease rights, etc. (Article 16 of the UUPA). Leasing rights are further regulated in Articles 44–45 of the UUPA, which regulates leases that are specifically for building. It is not stated that the lease right is a land right, because Article 44 paragraph (3) shows that the lease right is an agreement. Based on that, the lease rights do not have proof of certificate rights. The subject that can lease land is the subject of ownership rights to the land. In Article 21 of the UUPA, land ownership rights can only be owned by Indonesian citizens. (They also cannot be a legal entity unless the specific provisions of the legal entity meet the strict regulations in PP 38 of 1963 relating to the hajad of the people.) PT KAI (Persero), including Recht Person for the benefit of the public (transportation), can be granted land  use rights and land management rights. Both types of rights are public not private. In fact, PT KAI (Persero) in the West Sumatra region even rents out land that is not covered by the right of palai or its management rights, because, since 1950, the land has become EKS railway land and/or state land. This needs to be studied in more depth using empirical and normative data as disputes relating to leasing of this land are still ongoing. Pages 189 to 199

 

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The role of Teacher Support in Predicting Engagement through Academic Buoyancy

Meilani Rohinsaa*, Surya Cahyadib, Achmad Djunaidic, Tb. Zulrizka Iskandard, a,b,c,dUniversitas Padjadjaran, St. Raya Bandung Sumedang KM.21 Hegarmanah-Jatinangor- Sumedang Regency,45363, Bandung, Indonesia, Email: arohinsa.meilani@gmail.com, bsurya@unpad.ac.id, ca.djunaidi@unpad.ac.id, dzulrizkaiskandar@unpad.ac.id

The current research aims to investigate whether students' ability to deal with academic problems daily, known as academic buoyancy, can mediate the effect of teacher support in predicting senior high school students’ engagement. The participants of the research consisted of 131 senior high school students. Instruments in the current research included a teacher support questionnaire, an academic buoyancy scale and an engagement questionnaire. Data analysis was conducted using multiple regression tests. Based on the research findings, academic buoyancy mediates the effect of teacher support in predicting senior high school students’ engagement. The implication of this finding is that teachers need to be aware that every student needs the ability to deal with everyday academic problems in school. This ability can be fulfilled by the existence of teacher support, namely autonomy support, structure and involvement. This support will shape students' engagement with learning activities in the classroom. Pages 200 to 213

 

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