Ganesha Law Review最新文献

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IMPLEMENTATION OF PRESIDENTIAL REGULATION NUMBER 83 OF 2018 CONCERNING HANDLING OF SEA WAS IN ORDER TO PROVIDE PROTECTION AND PRESERVATION OF THE SEA ENVIRONMENT FOR INDONESIA 实施关于海洋处理的2018年第83号总统条例是为了保护和维护印度尼西亚的海洋环境
Ganesha Law Review Pub Date : 2019-11-04 DOI: 10.23887/glr.v1i2.52
E. K. Purwendah, Aniek Periani
{"title":"IMPLEMENTATION OF PRESIDENTIAL REGULATION NUMBER 83 OF 2018 CONCERNING HANDLING OF SEA WAS IN ORDER TO PROVIDE PROTECTION AND PRESERVATION OF THE SEA ENVIRONMENT FOR INDONESIA","authors":"E. K. Purwendah, Aniek Periani","doi":"10.23887/glr.v1i2.52","DOIUrl":"https://doi.org/10.23887/glr.v1i2.52","url":null,"abstract":"\u0000 \u0000 \u0000Countries are burdened with the obligation to prevent, reduce and control pollution of the marine environment caused by various sources. Countries can be held responsible for actions that cause pollution of the marine environment either intentionally or unintentionally because the State has an obligation to prevent activities that can cause pollution or damage to the environment in its territory and outside its jurisdiction. Based on existing data, plastic waste that can be produced in Indonesian waters reaches 1.65 million tons / year. Research data has outlined the distribution of plastic waste in several countries, one of which is Indonesia. In the survey conducted, Indonesia was the second country after China with a high amount of plastic waste not managed well. The Government of Indonesia has issued Presidential Regulation No. 83 of 2018, on handling marine waste, and contains the National Action Plan 2018-2025 involving various Ministries / Institutions and Local Governments. As the host of the Our Ocean Conference 2018 meeting, out of 22 Commitments delivered by Indonesia, 5 of them were commitments related to efforts to tackle plastic waste at sea. Implementation of Presidential Regulation Number 8 of 2018 is important to be carried out to overcome marine waste in Indonesia, besides that the application of this Presidential Regulation will prove Indonesia's commitment in the eyes of the international world in keeping the sea healthy. Not only in making rules, but also in the concrete steps of the rules. \u0000 \u0000 \u0000","PeriodicalId":399663,"journal":{"name":"Ganesha Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123978840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
THE SANCTION FORMULATION IN CORRUPTION CRIME DUE TO INDONESIAN CRIMINAL LAW SYSTEM TO REALIZE THE PUNISHMENT GOALS 贪污罪的制裁制定是印尼刑法体系为实现惩治目标而制定的
Ganesha Law Review Pub Date : 2019-11-04 DOI: 10.23887/glr.v1i2.54
Elly Sudarti, S. L
{"title":"THE SANCTION FORMULATION IN CORRUPTION CRIME DUE TO INDONESIAN CRIMINAL LAW SYSTEM TO REALIZE THE PUNISHMENT GOALS","authors":"Elly Sudarti, S. L","doi":"10.23887/glr.v1i2.54","DOIUrl":"https://doi.org/10.23887/glr.v1i2.54","url":null,"abstract":"\u0000 \u0000 \u0000The Formulation of Criminal Sanctions holds a strategic position in an effort to decrease corruption crime. Until now, the application of criminal sanctions in Indonesia has not provided a direction for the occurrence of a significant decrease in corruption. This can be seen from the issued by Transparency International 2017 about the ranking of the most corrupt countries in the world, where Indonesia still in the 5thranks in ASEAN. This research purposes to analyze and to formulate the harmony in the formulation of criminal sanctions for corruption, with the goal of Indonesian criminalizing law system so that the ultimate goal is suppressing the level of corruption in Indonesia can be achieved. This study is used the statute, conceptual and case approach as a method to analyze the legal substances and the results of this research had been shown, there are several weaknesses in the criminal punishment system according to The Act Number 31 on 1999 andThe Act Number 20 on 2001; where, the system of corruption criminalizing is complicated that make the punishment for corruption cannot reach the goal of punishment. For the better law system in the future, it is more appropriate criminal sanctions needed to be formulated, so that the purpose of criminal penalties for corruption can be achieved, used by conducting a plea bargaining in the beginning, that the perpetrator must return state losses and pay fines but still be found guilty through the determination of the judge. \u0000 \u0000 \u0000","PeriodicalId":399663,"journal":{"name":"Ganesha Law Review","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127219107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
THE ROLE OF INDONESIAN LABOR PLACEMENT AND PROTECTION BOARD (BNP2TKI) ON INDONESIAN LABOR (TKI) 印尼劳工安置和保护委员会(bnp2tki)对印尼劳工(tki)的作用
Ganesha Law Review Pub Date : 2019-11-04 DOI: 10.23887/glr.v1i2.51
Agoes Djatmiko, Elisabeth Pudyastiwi
{"title":"THE ROLE OF INDONESIAN LABOR PLACEMENT AND PROTECTION BOARD (BNP2TKI) ON INDONESIAN LABOR (TKI)","authors":"Agoes Djatmiko, Elisabeth Pudyastiwi","doi":"10.23887/glr.v1i2.51","DOIUrl":"https://doi.org/10.23887/glr.v1i2.51","url":null,"abstract":"\u0000 \u0000 \u0000Establishment of the National Agency for the Placement and Protection of Indonesian Workers (BNP2TKI) To optimize the protection of migrant workers abroad which is more integrated, the government forms a national body whose duty is to protect Indonesian migrant workers abroad. A Non- Departmental government agency that is responsible to the President who is domiciled in the national capital, namely the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI), whose functions are coordinating and integrated placement and protection of migrant workers abroad, with several tasks as follows: 1. Placing on the basis of a written agreement between the government and the government of the country that uses TKI or legal entity users in the destination country; 2. Providing services, coordinating, and supervising: documents, final departure briefing (PAP), problem solving, sources of funding, departure until repatriation, improvement of the quality of prospective migrant workers, information, quality of implementing TKI placement, and improving TKI welfare and his family. In accordance with the principle of international law, legal protection for citizens ceases when the citizens of that country cross the borders of the state jurisdiction. Protection of Indonesian workers abroad or in recipient countries is carried out in accordance with international law and applicable laws in the country. \u0000 \u0000 \u0000","PeriodicalId":399663,"journal":{"name":"Ganesha Law Review","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129458142","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
HARMONISASI NORMA HUKUM BAGI PERLINDUNGAN HAK KEPERDATAAN ANAK LUAR KAWIN DALAM SISTEM HUKUM INDONESIA 在印尼法律体系中保护未婚儿童权益的法律规范协调
Ganesha Law Review Pub Date : 2019-05-17 DOI: 10.23887/glr.v1i1.19
Bernadeta Resti Nurhayati
{"title":"HARMONISASI NORMA HUKUM BAGI PERLINDUNGAN HAK KEPERDATAAN ANAK LUAR KAWIN DALAM SISTEM HUKUM INDONESIA","authors":"Bernadeta Resti Nurhayati","doi":"10.23887/glr.v1i1.19","DOIUrl":"https://doi.org/10.23887/glr.v1i1.19","url":null,"abstract":"Communities and laws have long discriminated against children outside of marriage. This causes out of wedlock children to get a negative stigma in their daily lives. People call it with various terms such as: “anak haram”, “haram jadah”, “anak kowar”, “anak astral”  and so on. Until now Indonesian law distinguishes the status, position and rights of children out of wedlock. An urgent issue to be resolved is disharmony in written legal norms that regulate the protection of children outside of marriage. The research objective is to evaluate and harmonize the legal norms that exist in the field of protection of civil rights of non-married children. Harmonization of these legal norms is based on the practice of legal protection, doctrine, and written norms that are directly related to the protection of extramarital children in Indonesia. This research is a complement to the dissertation. In this research, an inventory of positive legal norms in the field of status and position of out-of-child children, legal practices relating to the protection of children outside of marriage and the relevant legal theory to see the possibility of protection of children's rights. In this research, mapping of norms and institutions will be conducted to find out the parts that are conflicting / incompatible with each other, as a basis for formulating harmonization of laws and regulations in the field of status and position of children outside of marriage. From this harmonization, it is expected that norms that need to be revised will be found and formulas for norms that provide protection for civil rights for married children in Indonesia. Outputs are in the form of: draft dissertations that have been approved by promoters, reputable international scientific publications, accredited national publications, speakers of national and international meetings, and additional outputs in the form of draft reference books.","PeriodicalId":399663,"journal":{"name":"Ganesha Law Review","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126588520","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
IMPLEMENTASI DOKTRIN BUSINESS JUDGEMENT RULE DI INDONESIA
Ganesha Law Review Pub Date : 2019-05-17 DOI: 10.23887/glr.v1i1.21
Muhamad Hafizh Akram, Nisriina Primadani Fanaro
{"title":"IMPLEMENTASI DOKTRIN BUSINESS JUDGEMENT RULE DI INDONESIA","authors":"Muhamad Hafizh Akram, Nisriina Primadani Fanaro","doi":"10.23887/glr.v1i1.21","DOIUrl":"https://doi.org/10.23887/glr.v1i1.21","url":null,"abstract":"The Board of Directors is one of the most important organs in a Limited Liability Company. Management of the Company that carried out by the board of directors includes running business activities, controlling, and making business decisions that have an impact on a Limited Liability Company whether the decision will cause loss or profit. In making business decisions, the Board of Directors must do so in the manner of good faith, carefully, and in accordance with the aims and objectives of the Company's establishment. If the directors already made the decision the correct manner, they cannot be held personally accountable for the decisions they make. That is what a Business judgment rules is, a doctrine that provides protection to directors to not be personally responsible if the business decisions taken cause losses to the company. Relying on a literature study, the business judgment rule is implicitly regulated in article 92 paragraph 1 and 97 paragraph 5 of Law no. 40 of 2007 regarding the Limited Liability Companies, several cases related to the business judgment rule, this article intends to analyze the implementation of the doctrine of the business judgment rule in Indonesia","PeriodicalId":399663,"journal":{"name":"Ganesha Law Review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123745073","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
POLICY MODEL OF FINANCIAL RESPONSIBILITY AND MEASUREMENT OF BALI WOMEN PERFORMANCE IN SEKAA CINGKREMAN (FEASIBILITY STUDY OF PUBLIC SERVICES) 财政责任的政策模式和衡量巴厘妇女在sekaa cingkreman的表现(公共服务的可行性研究)
Ganesha Law Review Pub Date : 2019-05-17 DOI: 10.23887/glr.v1i1.20
Ni Ketut Sari Adnyani, Ni Nyoman Mandriani, Ni Kadek Putus Asrini
{"title":"POLICY MODEL OF FINANCIAL RESPONSIBILITY AND MEASUREMENT OF BALI WOMEN PERFORMANCE IN SEKAA CINGKREMAN (FEASIBILITY STUDY OF PUBLIC SERVICES)","authors":"Ni Ketut Sari Adnyani, Ni Nyoman Mandriani, Ni Kadek Putus Asrini","doi":"10.23887/glr.v1i1.20","DOIUrl":"https://doi.org/10.23887/glr.v1i1.20","url":null,"abstract":"This research is motivated by the problem of service management for members who are recruited as customers based on mutual agreement. In terms of implementation, this is commonly practiced by Balinese women to set aside a portion of their income to be saved (cingkreman). However, if it is identified by a mechanism based solely on agreement, sometimes if there is an dishonest administrator it will have an impact on the losses of its members who are cingkreman customers. The issue of accountability becomes urgent in measuring the financial responsibility of the employees; the management has not been able to measure performance in providing services to sekaa cingkreman members; Cingkreman savings collection which deposits are also based on agreement, in terms of recording still manual and not systematic indicates that financial management has not been organized on a number of occasions the influence of management of all cingkreman has not yet achieved optimal results. In general, this study aims to develop a model of financial accountability and measurement of the performance of Balinese women in sekaa cingkreman (feasibility studies of public services). The method used in this study is a type of research developing a public service policy model among members of the sekaa cingkreman consisting of Balinese women. The policy of financial accountability can be seen from the perspective of Transparency. The techniques of collecting data are observation, interviews and documentation studies, data analysis techniques using qualitative descriptive techniques. The results of this study are models of financial accountability policies that show public service by Balinese women who are members of the sekaa cingkreman.","PeriodicalId":399663,"journal":{"name":"Ganesha Law Review","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133186648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
FULFILLMENT OF EDUCATION RIGHTS IN THE BORDER AREAS OF INDONESIA AND MALAYSIA 印尼与马来西亚边境地区教育权利的落实
Ganesha Law Review Pub Date : 2019-05-10 DOI: 10.23887/glr.v1i1.14
Endah Rantau Itasari
{"title":"FULFILLMENT OF EDUCATION RIGHTS IN THE BORDER AREAS OF INDONESIA AND MALAYSIA","authors":"Endah Rantau Itasari","doi":"10.23887/glr.v1i1.14","DOIUrl":"https://doi.org/10.23887/glr.v1i1.14","url":null,"abstract":"The opening of access to education for all citizens is a conditio sine qua non value of freedom and justice. As long as there are citizens who cannot get access to education, even though at the most basic level, the state is the agency most responsible for this injustice. Without the guarantee of these basic needs, citizen participation in a democratic climate that allows for upward social movements to be far from expectations The elimination of discrimination should be done by providing the widest opportunity for every citizen to get an education, so that cheap schools, even free, will be created for all the people without exception. Therefore the government is required to be able to be fair by providing equal opportunities for every citizen to take education (formal) and be able to protect and guarantee the rights of citizens, especially for those who are financially incapable so that they can continue to receive proper education.","PeriodicalId":399663,"journal":{"name":"Ganesha Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130968913","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
BASIC IDEAS FOR DETERMINING DEATH CRIMINAL THREATS IN LAW NUMBER 35 OF 2009 ON NARCOTICS 2009年关于麻醉品的第35号法律关于确定死亡犯罪威胁的基本思想
Ganesha Law Review Pub Date : 2019-05-10 DOI: 10.23887/glr.v1i1.16
Faissal Malik
{"title":"BASIC IDEAS FOR DETERMINING DEATH CRIMINAL THREATS IN LAW NUMBER 35 OF 2009 ON NARCOTICS","authors":"Faissal Malik","doi":"10.23887/glr.v1i1.16","DOIUrl":"https://doi.org/10.23887/glr.v1i1.16","url":null,"abstract":"The basic idea of ​​using the threat of capital punishment against perpetrators of \"producers and dealers\" regulated by Law Number 35 of 2009 concerning Narcotics as a policy to combat narcotics crime is based on several reasons, including: First, narcotics crimes committed by perpetrators of \"producers and distributors \"Organized and systematic patterns, because they are carried out with a very sophisticated modus operandi and have networks to circulate and trade for purely economic interests, so it is not easy to uncover and prove it. Second, the circulation and abuse of illicit drug trafficking by perpetrators of \"producers and distributors\" is a threat that sooner or later gives a serious impact because it destroys young generation, destroys the nation and the state that is not less powerful than criminal acts of terrorism and corruption, due to the fact that arising from narcotics abuse has caused victims of HIV / AIDS and hepatitis, even death among the very young generation. So that the Government of the Republic of Indonesia is of the view that the actions of the perpetrators of \"producers and distributors\" in producing and distributing narcotics are crimes against humanity, because their actions can destroy humanity slowly but surely.","PeriodicalId":399663,"journal":{"name":"Ganesha Law Review","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122727186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
INITIAL PUBLIC OFFERING (IPO) OF CAPITAL MARKET AND CAPITAL MARKET COMPANIES IN INDONESIA 首次公开募股(ipo)的资本市场和资本市场公司在印度尼西亚
Ganesha Law Review Pub Date : 2019-05-10 DOI: 10.23887/glr.v1i1.17
Hartana Hartana
{"title":"INITIAL PUBLIC OFFERING (IPO) OF CAPITAL MARKET AND CAPITAL MARKET COMPANIES IN INDONESIA","authors":"Hartana Hartana","doi":"10.23887/glr.v1i1.17","DOIUrl":"https://doi.org/10.23887/glr.v1i1.17","url":null,"abstract":"From the aspect of Capital Market Law, the Initial Public Offering (IPO) conducted by PT. Dian Swastatika Sentosa Tbk (PT. DSS Tbk) is legitimate and has complied with all the provisions governing this matter. This can be seen in a series of stages of the IPO implementation carried out by PT. DSS Tbk. Likewise, if viewed from the legal aspects of Mineral and Coal Mining, it does not indicate any contradiction with the article governing Coal Mining if it is associated with the IPO process of PT. DSS Tbk. In conducting the IPO, PT. DSS Tbk does not experience significant obstacles. The only obstacles faced are small bureaucratic obstacles and policies can be overcome by the active role of Bapepam-LK. This shows that Bapepam-LK has acted as a dynamic supervisor.","PeriodicalId":399663,"journal":{"name":"Ganesha Law Review","volume":"8 13","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120924579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
THE EKO-TEOCRACY CONCEPT IN DISPOSAL SETTLEMENT OF OIL POLLUTION IN THE SEA BY TANKER SHIP 海洋油船污染处置中的生态治理理念
Ganesha Law Review Pub Date : 1900-01-01 DOI: 10.23887/glr.v1i1.15
E. K. Purwendah
{"title":"THE EKO-TEOCRACY CONCEPT IN DISPOSAL SETTLEMENT OF OIL POLLUTION IN THE SEA BY TANKER SHIP","authors":"E. K. Purwendah","doi":"10.23887/glr.v1i1.15","DOIUrl":"https://doi.org/10.23887/glr.v1i1.15","url":null,"abstract":"The shift in the Eco-Theocratic thinking in resolving oil pollution disputes at sea by tankers is intended as a new paradigm reconstruction that is more oriented to deep ecology with an ecoliteracy perspective towards a new ecodesign environment as an equal subject to human beings resisting anthropocentrism toward society sustainable sociaty and sustainable environmental development. This concept was built through an analysis of the shift in the perspective of philosophical figures from the organic paradigm of nature to the mechanistic paradigm of new nature and paradigms in looking at nature systemically, holistically and ecologically. This new ecoliteracy paradigm is analyzed through a system of democracy, ecocracy and theocracy with a measure of theology and paradigm of the Pancasila.","PeriodicalId":399663,"journal":{"name":"Ganesha Law Review","volume":"244 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114149273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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