Formal evidence in industrial relations disputes is very important in fact the parties (workers) ... more Formal evidence in industrial relations disputes is very important in fact the parties (workers) are unable to provide sufficient formal evidence during the process of resolving industrial relations. The purpose of this research found out the substance of legal subjects and legal objects of formal evidence in the process of resolving industrial relations disputes. This legal research was a normative juridical with a statute approach. The results showed the substance of formal evidence in industrial relations disputes, consisting of the substance of the legal subject and the legal object of the evidence. formal evidence in disputes over industrial relations was very important to achieve truth. The resulting recommendations were that special arrangements that needed to be made to require employers / laborers to provide evidence of industrial relations they carried out.Keywords: Evidence, Industrial Relations Disputes AbstrakAlat bukti formal dalam perselisihan hubungan industrial s...
The Russian invasion of Ukraine has already killed hundreds, sent thousands of refugees fleeing, ... more The Russian invasion of Ukraine has already killed hundreds, sent thousands of refugees fleeing, and sent ripples throughout the entire world. With closed airspaces in and around the conflict leaving some stranded and flights rerouted, impending fuel price jumps, airlines and countries cutting off Russia and its national airline. The European Union’s potentially impactful sanctions on aircraft parts. The airline industry has faced 2 years of significant challenges, and it is unfortunate that as the pandemic begins to wane, they get no respite before dealing with more triage. This research focused on studies: (1) How is the impact of Russia v. Ukraine in several sectors of civil aviation? (2) How the international law regulated civil aviation during an armed conflict situation, also strategies and response for far away from worse impact Russia v. Ukraine conflict in civil aviation sectors. The research method used in this research focused on the traditional regulatory approach and a ...
The COVID-19 pandemic has an impact caused by a labor or industrial relations dispute, so alterna... more The COVID-19 pandemic has an impact caused by a labor or industrial relations dispute, so alternative solutions are needed to reduce disputes post-COVID-19 pandemic. Efforts to resolve labor disputes or industrial relations must be carried out thoroughly in one system. Need developed substance, structure, and cultural law in looking for alternative dispute industrial relations. The purpose of the study describes the value of local wisdom, Sasak people, as a substance alternative solution to a labor dispute. This study uses a nondoctrinal paradigm with descriptive analysis. It also uses cases and legislations based on a series of observations, interviews, and literature reviews to be analyzed qualitatively. The results of the research findings are that the Sasak people have three krame as dispute resolution institutions, namely krame waris, krame gubuk, and krame desa. These three krames apply the five principles of local wisdom of the Sasak people, namely the principle of divinity a...
The COVID-19 pandemic had both positive and negative impacts on all areas of people’s lives. One ... more The COVID-19 pandemic had both positive and negative impacts on all areas of people’s lives. One of the negative impacts is the emergence of industrial relations disputes. Efforts to settle industrial relations dispute formally have been regulated in Law 2/2004. Industrial relations mediators have a vital role in resolving industrial relations disputes. This study aims to analyze the existence of industrial relations mediators in an effort to resolve these disputes. This research is a normative juridical approach to legislation and cases from the decision of the Industrial Relations Court at the Surabaya District Court number 111/Pdt-Sus PHI/2020/PN SBY. The results indicated that the existence of industrial relations mediators was strongly influenced by the quality of the substance of the legal product. The written recommendation of the Manpower Office of Probolinggo City Number 34/PHI/II/2022 has suggested that employers provide 3 months of severance pay to the workers. The labor ...
Pekerja harian lepas seharusnya bekerja kurang dari dua puluh lima hari dalam satu bulan. Minima... more Pekerja harian lepas seharusnya bekerja kurang dari dua puluh lima hari dalam satu bulan. Minimal upah yang seharusnya diterima oleh pekerja harian lepas perhari adalah seperdualima dari upah minimum perbulan. Fakta yang ada di Kabupaten Bondowoso, pekerja harian lepas masih bekerja penuh dalam satu bulan dan menerima upah kurang dari ketentuan. Penelitian ini bertujuan untuk mengetahui perlindungan hukum bagi pekerja harian lepas di Kabupaten Bondowoso beserta upaya hukumnya. Penelitian ini adalah yuridis normative dengan pendekatan statute approach. Hasil dari penelitian ini adalah Banyak pekerja harian lepas di kabupaten Bondoowoso masih bekerja lebih dari dua puluh hari dalam satu bulan dan menerima upah kurang dari seperdualima dari upah minimum Kabupaten Bondowoso. Pada ummnya pekerja harian lepas di Kabupaten Bondowoso yang bekerja lebih dari waktu maksimal seharusnya dan menerima upah kurang dari upah minimum seharusnya tidak melakukan upaya hukum apapun. Hal ini mengingat ...
... Fathoni Prawata bin Atje Pranata as General Manager for doing actions that hinder workers to:... more ... Fathoni Prawata bin Atje Pranata as General Manager for doing actions that hinder workers to: establish or not; become members or not; implement / not, by the way: do the termination of ... Dalam International Covenant on Civil and Political Rights (Kovenan internasional ...
The problem in this study, namely the inability of workers to resolve industrial relations disput... more The problem in this study, namely the inability of workers to resolve industrial relations disputes which eliminates their rights. Unable to settle industrial relations disputes, can result in losses, strikes, lockouts, demonstrations, demonstrations, defamation, and destruction of other people's property up to the loss of one's life. This negative impact greatly affects the peace and comfort of work, national security, and stability. These problems will among others be overcome through advocacy to workers in dealing with industrial relations disputes. Mechanisms for resolving industrial relations disputes often do not give satisfactory results or fail if they are carried out based on formal truths. The advocacy model for workers in industrial relations disputes based on local wisdom of the Mbojo Tribe, Bima, Nusa Tenggara, will be an alternative solution for anticipating industrial relations disputes that cannot be resolved, as well as for achieving social justice for workers without harming employers. The purpose of this study is to describe the substance and procedure for resolving industrial relations disputes based on the local wisdom of the Mbojo Tribe, Bima, Nusa Tenggara, based on Islamic sharia. This legal research uses a conceptual and historical legislation approach. The results of the research obtained are that the local wisdom of the Mbojo tribe written in the BO book can be the basis for alternative solutions to build a dispute resolution system for industrial relations that
Overtime pays and work agreements between workers and outsourcing companies are often not enforce... more Overtime pays and work agreements between workers and outsourcing companies are often not enforceable. This study aims to determine the form of legal protection for overtime wages in outsourcing companies and their legal remedies. This research is normative juridical, especially on legal systematics and the level of legal synchronization. The results showed that there must be overtime orders and worker approvals. Overtime work is given after working more than 40 hours/week, a maximum of 4 hours/day and 18 hours/week. Employers are required to provide adequate rest time and minimum consumption of 1400 kilo calories. Guarantees for overtime pay are difficult to apply to outsourcing companies because work orders are given by employers to workers, not based on contracts that workers have made with outsourcing companies.. The legal remedy that can be taken by workers who do not receive overtime pay at the outsourcing company is to conduct bipartite negotiations with the entrepreneur who runs the outsourcing company. If it fails, you can apply for mediation; the lawsuit will be submitted to the Industrial Relations Court.
Tidak ada yang mengharapkan terjadinya pemutusan hubungan kerja yang dilakukan secara sepihak. An... more Tidak ada yang mengharapkan terjadinya pemutusan hubungan kerja yang dilakukan secara sepihak. Antara pekerja dan pengusaha selalu mengharapkan agar hubungan kerja dapat berlangsung selama-lamanya dengan suasana kondusif. Keadaan pandemic covid-19 telah memaksa kegiatan usaha melakukan perubahan syarat maupun cara kerja. Penanganan dan pencegahan penularan virus corona, telah memaksa pemerintah mengeluarkan aturan pembatasan social. Perubahan cara kerja terjadi, misalnya mengurangi jumlah pekerja dalam waktu kerja tertentu. Ada yang menganggap kondisi pandemic covid-19 sebagai suatu keadaan memaksa (force majeur), sehingga mengakibatkan kerugian yang menjadikan pengusaha melakukan pemutusan hubungan kerja secara sepihak karena alas an force majeur. Penelitian ini bertujuan untuk mengetahui keabsahan dari pemutusan hubungan kerjan di masa pandemic covid-19 karena alasan force mejur. Penelitian ini adalah yuridis normative dengan pendekatan statute approach. Hasil dari penelitian in...
Pemberian bantuan hukum bagi kaum marginal di Kota Surabaya terasa sulit dan belum mencapai rasa ... more Pemberian bantuan hukum bagi kaum marginal di Kota Surabaya terasa sulit dan belum mencapai rasa keadilan. Ada dua faktor penyebabnya yaitu faktor pembentukan hukum (adanya multitafsir atas rumusan substansi dan prosedur dari UU 16/2011) dan faktor rendahnya penegakan hukum (belum dapat dirasakan secara merata oleh kaum marginal). Tujuan penelitian ini adalah menerapkan model bantuan hukum melalui pendampingan jejaring personal terhadap kaum marginal yang berhadapan dengan hukum di kampung pemulung kota Surabaya untuk mencapai rasa keadilan. Penelitian socio legal ini, menggunakan metode pendekatan research and development pada lingkungan masyarakat penerima pinjaman lunak binaan Seksi Kewanitaan Masjid Ummul Mu’minin Surabaya yang berada di kampung pemulung (makam Rangkah) kota Surabaya. Hasil penelitian ini adalah implementasi model bantuan hukum terhadap kaum marginal yang berhadapan dengan hukum di kampung pemulung kota Surabaya, khususnya tentang izin tinggal melalui pendamp...
Employment relationships may end due to abuse by workers. The existence of abuse must be medicall... more Employment relationships may end due to abuse by workers. The existence of abuse must be medically proven. This research aimed to analyze the existence of a visum et repertum for the occurrence of abuse that can be used as evidence in termination of employment. This legal research was normative with a statutory approach. The results showed that persecution was a criminal act. There was no requirement for a judge's decision in the District Court which already had permanent legal force for the occurrence of persecution as a condition for the validity of the layoff as if the visum et repertum was no longer needed. It was enough that the acts of abuse committed by workers were regulated in the Employment Agreement, Company Regulation or Collective Labor Agreement, then the persecution as a form of an urgent violation can be used as a valid reason for the termination of employment (Article 81 number 37 of the Job Creation Law jo. Article 151 / 3 Manpower Law jo. article 52/2 Governm...
Proceedings of the International Conference on Law Reform (INCLAR 2019), 2020
In the era of globalization, the role of Trade Unions is very important. Trade Unions can represe... more In the era of globalization, the role of Trade Unions is very important. Trade Unions can represent workers in industrial relations dispute resolution and carry out activities to improve workers' welfare. Trade Unions can sometimes take unwise actions that cause suspicion to others. The problem in this research can be solved by planting Maqoshid Sharia in the value of local wisdom as a model in the efforts to resolve the industrial relations disputes among union administrators. The purpose of this study is to provide an overview of the implementation of the value of maqoshid sharia as an alternative solution in the efforts to resolve industrial relations disputes. This research is juridically normative with conceptual and statutory approaches. The results of this study are Maqoshid Sharia which is the goal of Islamic law has two dimensions, namely al wujud and al adam. Consisting of five things, namely laying the foundation of goodness to maintain religion, self, nasab, wealth and reason. Everything has three levels, namely dhoruriyat, hajjiyat and tahsiniyat. These three levels must be implemented by the management of trade unions when facing a conflict of problems based on their priority level as the efforts to resolve industrial relations disputes through litigation or non-litigation. The conclusion was that the trade unions must understand the roots of the disputes object of the industrial relations that occur. Furthermore, it would try to achieve the goodness by conducting a problem analysis based on Maqoshid Sharia to determine the strategical implementation of the three levels of Maqoshid Sharia, namely dhoruriyat, hajjiyat and tahsiniyat)
There is a fact that trade union have not functioned optimally. A conducive atmosphere is needed ... more There is a fact that trade union have not functioned optimally. A conducive atmosphere is needed to build a trade union. When a conducive atmosphere has been established, then the trade union will be able to implement their efforts in improving the quality of industrial relations. Improving the quality of industrial relations is strongly influenced by the condition of labor climate. The labor climate is also influenced by the political form of labor law. The purpose of the research is to analyze the substance and procedure of regulating trade union to improve the quality of conducive industrial relationship in the climate change of worker. The method used in this research is legal normative using statute approach. The result of the study is that there was a mal interpretation on regulating the substance and procedure of trade union to improve the quality of conducive industrial relationship in the climate change of labor. In the substance of the subject matter analysis, there was a ...
Formal evidence in industrial relations disputes is very important in fact the parties (workers) ... more Formal evidence in industrial relations disputes is very important in fact the parties (workers) are unable to provide sufficient formal evidence during the process of resolving industrial relations. The purpose of this research found out the substance of legal subjects and legal objects of formal evidence in the process of resolving industrial relations disputes. This legal research was a normative juridical with a statute approach. The results showed the substance of formal evidence in industrial relations disputes, consisting of the substance of the legal subject and the legal object of the evidence. formal evidence in disputes over industrial relations was very important to achieve truth. The resulting recommendations were that special arrangements that needed to be made to require employers / laborers to provide evidence of industrial relations they carried out.Keywords: Evidence, Industrial Relations Disputes AbstrakAlat bukti formal dalam perselisihan hubungan industrial s...
The Russian invasion of Ukraine has already killed hundreds, sent thousands of refugees fleeing, ... more The Russian invasion of Ukraine has already killed hundreds, sent thousands of refugees fleeing, and sent ripples throughout the entire world. With closed airspaces in and around the conflict leaving some stranded and flights rerouted, impending fuel price jumps, airlines and countries cutting off Russia and its national airline. The European Union’s potentially impactful sanctions on aircraft parts. The airline industry has faced 2 years of significant challenges, and it is unfortunate that as the pandemic begins to wane, they get no respite before dealing with more triage. This research focused on studies: (1) How is the impact of Russia v. Ukraine in several sectors of civil aviation? (2) How the international law regulated civil aviation during an armed conflict situation, also strategies and response for far away from worse impact Russia v. Ukraine conflict in civil aviation sectors. The research method used in this research focused on the traditional regulatory approach and a ...
The COVID-19 pandemic has an impact caused by a labor or industrial relations dispute, so alterna... more The COVID-19 pandemic has an impact caused by a labor or industrial relations dispute, so alternative solutions are needed to reduce disputes post-COVID-19 pandemic. Efforts to resolve labor disputes or industrial relations must be carried out thoroughly in one system. Need developed substance, structure, and cultural law in looking for alternative dispute industrial relations. The purpose of the study describes the value of local wisdom, Sasak people, as a substance alternative solution to a labor dispute. This study uses a nondoctrinal paradigm with descriptive analysis. It also uses cases and legislations based on a series of observations, interviews, and literature reviews to be analyzed qualitatively. The results of the research findings are that the Sasak people have three krame as dispute resolution institutions, namely krame waris, krame gubuk, and krame desa. These three krames apply the five principles of local wisdom of the Sasak people, namely the principle of divinity a...
The COVID-19 pandemic had both positive and negative impacts on all areas of people’s lives. One ... more The COVID-19 pandemic had both positive and negative impacts on all areas of people’s lives. One of the negative impacts is the emergence of industrial relations disputes. Efforts to settle industrial relations dispute formally have been regulated in Law 2/2004. Industrial relations mediators have a vital role in resolving industrial relations disputes. This study aims to analyze the existence of industrial relations mediators in an effort to resolve these disputes. This research is a normative juridical approach to legislation and cases from the decision of the Industrial Relations Court at the Surabaya District Court number 111/Pdt-Sus PHI/2020/PN SBY. The results indicated that the existence of industrial relations mediators was strongly influenced by the quality of the substance of the legal product. The written recommendation of the Manpower Office of Probolinggo City Number 34/PHI/II/2022 has suggested that employers provide 3 months of severance pay to the workers. The labor ...
Pekerja harian lepas seharusnya bekerja kurang dari dua puluh lima hari dalam satu bulan. Minima... more Pekerja harian lepas seharusnya bekerja kurang dari dua puluh lima hari dalam satu bulan. Minimal upah yang seharusnya diterima oleh pekerja harian lepas perhari adalah seperdualima dari upah minimum perbulan. Fakta yang ada di Kabupaten Bondowoso, pekerja harian lepas masih bekerja penuh dalam satu bulan dan menerima upah kurang dari ketentuan. Penelitian ini bertujuan untuk mengetahui perlindungan hukum bagi pekerja harian lepas di Kabupaten Bondowoso beserta upaya hukumnya. Penelitian ini adalah yuridis normative dengan pendekatan statute approach. Hasil dari penelitian ini adalah Banyak pekerja harian lepas di kabupaten Bondoowoso masih bekerja lebih dari dua puluh hari dalam satu bulan dan menerima upah kurang dari seperdualima dari upah minimum Kabupaten Bondowoso. Pada ummnya pekerja harian lepas di Kabupaten Bondowoso yang bekerja lebih dari waktu maksimal seharusnya dan menerima upah kurang dari upah minimum seharusnya tidak melakukan upaya hukum apapun. Hal ini mengingat ...
... Fathoni Prawata bin Atje Pranata as General Manager for doing actions that hinder workers to:... more ... Fathoni Prawata bin Atje Pranata as General Manager for doing actions that hinder workers to: establish or not; become members or not; implement / not, by the way: do the termination of ... Dalam International Covenant on Civil and Political Rights (Kovenan internasional ...
The problem in this study, namely the inability of workers to resolve industrial relations disput... more The problem in this study, namely the inability of workers to resolve industrial relations disputes which eliminates their rights. Unable to settle industrial relations disputes, can result in losses, strikes, lockouts, demonstrations, demonstrations, defamation, and destruction of other people's property up to the loss of one's life. This negative impact greatly affects the peace and comfort of work, national security, and stability. These problems will among others be overcome through advocacy to workers in dealing with industrial relations disputes. Mechanisms for resolving industrial relations disputes often do not give satisfactory results or fail if they are carried out based on formal truths. The advocacy model for workers in industrial relations disputes based on local wisdom of the Mbojo Tribe, Bima, Nusa Tenggara, will be an alternative solution for anticipating industrial relations disputes that cannot be resolved, as well as for achieving social justice for workers without harming employers. The purpose of this study is to describe the substance and procedure for resolving industrial relations disputes based on the local wisdom of the Mbojo Tribe, Bima, Nusa Tenggara, based on Islamic sharia. This legal research uses a conceptual and historical legislation approach. The results of the research obtained are that the local wisdom of the Mbojo tribe written in the BO book can be the basis for alternative solutions to build a dispute resolution system for industrial relations that
Overtime pays and work agreements between workers and outsourcing companies are often not enforce... more Overtime pays and work agreements between workers and outsourcing companies are often not enforceable. This study aims to determine the form of legal protection for overtime wages in outsourcing companies and their legal remedies. This research is normative juridical, especially on legal systematics and the level of legal synchronization. The results showed that there must be overtime orders and worker approvals. Overtime work is given after working more than 40 hours/week, a maximum of 4 hours/day and 18 hours/week. Employers are required to provide adequate rest time and minimum consumption of 1400 kilo calories. Guarantees for overtime pay are difficult to apply to outsourcing companies because work orders are given by employers to workers, not based on contracts that workers have made with outsourcing companies.. The legal remedy that can be taken by workers who do not receive overtime pay at the outsourcing company is to conduct bipartite negotiations with the entrepreneur who runs the outsourcing company. If it fails, you can apply for mediation; the lawsuit will be submitted to the Industrial Relations Court.
Tidak ada yang mengharapkan terjadinya pemutusan hubungan kerja yang dilakukan secara sepihak. An... more Tidak ada yang mengharapkan terjadinya pemutusan hubungan kerja yang dilakukan secara sepihak. Antara pekerja dan pengusaha selalu mengharapkan agar hubungan kerja dapat berlangsung selama-lamanya dengan suasana kondusif. Keadaan pandemic covid-19 telah memaksa kegiatan usaha melakukan perubahan syarat maupun cara kerja. Penanganan dan pencegahan penularan virus corona, telah memaksa pemerintah mengeluarkan aturan pembatasan social. Perubahan cara kerja terjadi, misalnya mengurangi jumlah pekerja dalam waktu kerja tertentu. Ada yang menganggap kondisi pandemic covid-19 sebagai suatu keadaan memaksa (force majeur), sehingga mengakibatkan kerugian yang menjadikan pengusaha melakukan pemutusan hubungan kerja secara sepihak karena alas an force majeur. Penelitian ini bertujuan untuk mengetahui keabsahan dari pemutusan hubungan kerjan di masa pandemic covid-19 karena alasan force mejur. Penelitian ini adalah yuridis normative dengan pendekatan statute approach. Hasil dari penelitian in...
Pemberian bantuan hukum bagi kaum marginal di Kota Surabaya terasa sulit dan belum mencapai rasa ... more Pemberian bantuan hukum bagi kaum marginal di Kota Surabaya terasa sulit dan belum mencapai rasa keadilan. Ada dua faktor penyebabnya yaitu faktor pembentukan hukum (adanya multitafsir atas rumusan substansi dan prosedur dari UU 16/2011) dan faktor rendahnya penegakan hukum (belum dapat dirasakan secara merata oleh kaum marginal). Tujuan penelitian ini adalah menerapkan model bantuan hukum melalui pendampingan jejaring personal terhadap kaum marginal yang berhadapan dengan hukum di kampung pemulung kota Surabaya untuk mencapai rasa keadilan. Penelitian socio legal ini, menggunakan metode pendekatan research and development pada lingkungan masyarakat penerima pinjaman lunak binaan Seksi Kewanitaan Masjid Ummul Mu’minin Surabaya yang berada di kampung pemulung (makam Rangkah) kota Surabaya. Hasil penelitian ini adalah implementasi model bantuan hukum terhadap kaum marginal yang berhadapan dengan hukum di kampung pemulung kota Surabaya, khususnya tentang izin tinggal melalui pendamp...
Employment relationships may end due to abuse by workers. The existence of abuse must be medicall... more Employment relationships may end due to abuse by workers. The existence of abuse must be medically proven. This research aimed to analyze the existence of a visum et repertum for the occurrence of abuse that can be used as evidence in termination of employment. This legal research was normative with a statutory approach. The results showed that persecution was a criminal act. There was no requirement for a judge's decision in the District Court which already had permanent legal force for the occurrence of persecution as a condition for the validity of the layoff as if the visum et repertum was no longer needed. It was enough that the acts of abuse committed by workers were regulated in the Employment Agreement, Company Regulation or Collective Labor Agreement, then the persecution as a form of an urgent violation can be used as a valid reason for the termination of employment (Article 81 number 37 of the Job Creation Law jo. Article 151 / 3 Manpower Law jo. article 52/2 Governm...
Proceedings of the International Conference on Law Reform (INCLAR 2019), 2020
In the era of globalization, the role of Trade Unions is very important. Trade Unions can represe... more In the era of globalization, the role of Trade Unions is very important. Trade Unions can represent workers in industrial relations dispute resolution and carry out activities to improve workers' welfare. Trade Unions can sometimes take unwise actions that cause suspicion to others. The problem in this research can be solved by planting Maqoshid Sharia in the value of local wisdom as a model in the efforts to resolve the industrial relations disputes among union administrators. The purpose of this study is to provide an overview of the implementation of the value of maqoshid sharia as an alternative solution in the efforts to resolve industrial relations disputes. This research is juridically normative with conceptual and statutory approaches. The results of this study are Maqoshid Sharia which is the goal of Islamic law has two dimensions, namely al wujud and al adam. Consisting of five things, namely laying the foundation of goodness to maintain religion, self, nasab, wealth and reason. Everything has three levels, namely dhoruriyat, hajjiyat and tahsiniyat. These three levels must be implemented by the management of trade unions when facing a conflict of problems based on their priority level as the efforts to resolve industrial relations disputes through litigation or non-litigation. The conclusion was that the trade unions must understand the roots of the disputes object of the industrial relations that occur. Furthermore, it would try to achieve the goodness by conducting a problem analysis based on Maqoshid Sharia to determine the strategical implementation of the three levels of Maqoshid Sharia, namely dhoruriyat, hajjiyat and tahsiniyat)
There is a fact that trade union have not functioned optimally. A conducive atmosphere is needed ... more There is a fact that trade union have not functioned optimally. A conducive atmosphere is needed to build a trade union. When a conducive atmosphere has been established, then the trade union will be able to implement their efforts in improving the quality of industrial relations. Improving the quality of industrial relations is strongly influenced by the condition of labor climate. The labor climate is also influenced by the political form of labor law. The purpose of the research is to analyze the substance and procedure of regulating trade union to improve the quality of conducive industrial relationship in the climate change of worker. The method used in this research is legal normative using statute approach. The result of the study is that there was a mal interpretation on regulating the substance and procedure of trade union to improve the quality of conducive industrial relationship in the climate change of labor. In the substance of the subject matter analysis, there was a ...
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