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<sec id="introduction">
  <title>INTRODUCTION</title>
  <p>The Republic of Indonesia as a country that has various type
  diversity and culture as well as own various norms in in society . The
  many norms that exist in Indonesia are not make everyone who lives in
  Indonesia obeys or obey said . So from That optimization enforcement
  law become benchmark main in implementation regulation legislation
  .</p>
  <p>Evolving norms in public own diverse form namely religious norms,
  norms of politeness , legal norms , and moral norms . Moral norms is a
  norm that emphasizes morals and ethics and development from values
  decency a individual caused by various factors , many public Indonesia
  which often ignore and violate values That even do prohibited things​
  in moral norms mentioned . [1]</p>
  <p>In South Sulawesi it is known a system related customs​ with
  evolving norms in society . System This arrange they almost everywhere​
  aspect life . Starting from customs , politics , religion, social and
  law . One of them is Siri 's value Pacce ( price self ) in Bugis
  society teaches about morality morality that in the form of
  recommendations , prohibitions , rights and obligations the dominant
  one action man For guard as well as maintain his honor .</p>
  <p>However , the phenomenon same level or life together without bond a
  legitimate marriage , is considered violate law criminal custom
  Because contradictory with Siri' na values Pacce , which puts forward
  importance honor and morality in connection between men and women .
  Actions This often happening among​ teenager or unmarried couple​
  married , and can threaten stability values social and moral in Bugis
  society .</p>
  <p>In society , the phenomenon same level often triggered by various
  factors , starting from lack of parental attention , influence​
  pornography , to pressure from Friend peers . [2] In addition , mental
  and economic unpreparedness For married , and experience traumatic
  before or after marriage also becomes reason main the rise action This
  . As a result , the relationship is not legitimate This violating
  applicable norms in society , which prioritizes bond wedding as base
  main in life together .</p>
  <p>In accordance with the listed in The 1945 Constitution of the
  Republic of Indonesia through Article 18B Paragraph (2) states: that :
  &quot;The state recognizes and respects Unity public law custom along
  with rights traditional throughout Still alive and well with
  development public as well as the principles of the Unitary State of
  the Republic of Indonesia (NKRI), which are regulated in law .”
  Provisions This give runway constitutional for confession to existence
  public law custom along with the norms that apply therein , including
  law criminal customs that become an integral part of life public
  customs in Indonesia.</p>
  <p>Customary law ( although No written ) as one of the source
  formation law national has also experienced development progress one
  way with development life public the customs surrounding it .
  Customary law is living law​ Because He operate feeling law public in a
  way real . This is it is possible Because law custom the ingrained and
  rooted in culture society . [3]</p>
  <p>In the system Indonesian law , Article 412 of Law No. 1 of 2023
  concerning the Criminal Code ( KUHP ) provides provision about
  sanctions criminal for every individuals involved​ in connection life
  together as husband wife without bond legitimate marriage . This
  article set that action the can charged criminal prison maximum 6
  months or fine .</p>
  <p>The purpose of chapter This is For protect values morality , ethics
  and integrity social that becomes base in life Indonesian society , as
  well as guard sustainability and honor institution marriage as
  foundation main in structure social and cultural aspects of the
  country.</p>
  <p>Confession to public law custom No only just form formality , but
  also reflects state respect for rights traditional owned by the
  community Customs . Recognition This includes social , cultural and
  legal norms customs that still exist alive and relevant with current
  development . In context law criminal , law custom own important
  position​ as one of the source living law .​</p>
  <p>Criminal law custom is form rule a living and growing social in
  public custom For arrange connection social , maintaining harmony ,
  and finish conflict or violation of customary norms . One of frequent
  violations​ set up in law criminal custom is moral behavior such as
  same level or life together without bond legitimate marriage . In
  society custom , samen level No only viewed as violation of moral
  norms, but also as threat to values social norms adopted by society
  .</p>
  <p>Different with part Western and Northern Europe , in Asia
  especially in Indonesia which upholds tall will tradition , culture ,
  and religion, samen level No get legal recognition .</p>
  <p>In Indonesia, a 2021 study entitled The Untold Story of
  Cohabitation explains that same level more Lots happened in Eastern
  part . Where the results researcher expert young from the National
  Research and Innovation Agency (BRIN) to data from Data collection
  Family 2021 (PK21) owned by the Population and Family Agency National
  Planning Agency (BKKBN) 0.6 percent wrong one region in Indonesia does
  same leven ( gather) buffalo ). From the population partner same leven
  ( gather) kebo ) , 1.9 percent among them currently pregnant when the
  survey was conducted , 24.3 percent aged not enough from 30 years ,
  83.7 percent high school educated or more low , 11.6 percent No
  working , and 53.5 percent other Work informally .</p>
  <p>In addition , based on survey of the Center for Women's Studies at
  the Islamic University of Indonesia (PSW-UII) in the Yogyakarta area
  in 2001, the pattern life sex free among​ child teenager in a way
  public and in the lodge or boarding houses , especially in the
  Yogyakarta City area , are developing the more Serious with more and
  more loose the control they have accept . So , more and more Lots
  trapped teenager​ to in pattern life sex free ( samen leven ) because
  various the influence they have accept . [4]</p>
  <p>In 2002 , there was published results survey of the Institute for
  the Study of Love and Humanity and Training Center Business and
  Humanities (LSCK PUSBIH) towards Yogyakarta students . Research That
  done during three years , from July 1999 to July 2002, with involving
  approximately 1,660 respondents came from from 16 colleges high , both
  national and international private sector in Yogyakarta. From 1,660
  respondents that's 97.05 percent confess Already is lost her virginity
  moment college , because Once do sex in pairs or same leven ( gather)
  kebo ). Reviewed from place they do sex free , as much as 63 percent
  do sex free in men's boarding house their partner . As many as 14
  percent done at the girls' boarding house or House his rent .
  Furthermore, 21 percent in hotels spread across Yogyakarta and 2
  percent again in place open tourism . The data above show that
  boarding house​ has become nest same leven ( gather) buffalo ). [5]</p>
  <p>Actions same leven ( gather) buffalo ) this since Formerly has set
  up in the Qur'an, namely Surah Al-Isra verse 32 which explains that
  approaching adultery​ like choose bad roads and surah An-Nur verse 2
  which explains punishment for adulterer ghairu muhsan , namely lashed
  100 times.</p>
  <p>Translation :</p>
  <p>&quot;And don't You approaching adultery; indeed adultery is is a
  heinous act .​ And one a bad way . ” (QS Al-Isra: 32)</p>
  <p>Translation :</p>
  <p>“The adulteress and the adulterer men , scourge each one of them
  both of them a hundred times and do not feel sorry pity to both of
  them prevent You to ( implement ) Allah's religion ( law ) if You
  believe to God and the day Then . Let ( execute ) punishment on they
  witnessed by a group of believers . ” (QS. An-Nur: 2)</p>
  <p>From the excerpt paragraph the can understood that Allah SWT alone
  hates it very much man or activities that can be done damage self
  Alone especially No have connection legitimate both religiously and
  law . With the rise phenomenon same leven ( gather) kebo ) which
  occurs due to from a number of factors that can corrupting morals then
  from That writer interested For discuss title Analysis Legal Impact
  Social Samen Leven's Actions in the Perspective of Bugis Community
  Customary Criminal Law Rules .</p>
</sec>
<sec id="method">
  <title>METHOD</title>
  <p>Types of research applied in studies This study normative . [6]
  Study normative often called as study literature study normative is
  research involving​ assessment to aspect theory law , comparison law ,
  philosophy , composition or structure , and strength remind a the law
  in which the language is used is Language law .</p>
</sec>
<sec id="discussion">
  <title>DISCUSSION</title>
  <sec id="arrangement-law-criminal-custom-public-bugis-to-action-same-leven-that-violates-customary-norms">
    <title>Arrangement law criminal custom public Bugis to action same
    leven that violates customary norms</title>
    <p>One of common problems​ happens in some regions in Indonesia ,
    namely same level . Same level or another term for gather where is
    the buffalo is action stay together by men and women who don't bound
    in legitimate marriage . Or in short is life together like husband
    wife outside marriage . [7]</p>
    <p>That matter No off from attention which society is the same leven
    ( gather) buffalo ) still occurs in various areas in Indonesia,
    including Bugis, show existence violation law criminal customs that
    apply in society local , as listed​ in Article 18B paragraph (2) of
    the 1945 Constitution of the Republic of Indonesia states ,
    &quot;The state recognizes and respects Unity public law custom
    along with rights traditional throughout Still alive and well with
    development public as well as the principles of the Unitary State of
    the Republic of Indonesia (NKRI), which are regulated in
    Constitution &quot;.</p>
    <p>In law customs in Bugis until moment this , the people in life
    everyday Still Lots bound by a system of norms and rules its customs
    , which are sacred as well as sacred , where all in all That called
    The Commander​ consists of of 5 (five) principles namely : [7]</p>
    <p>Ade, in everyday language interpreted with law or custom habit
    .</p>
    <p>Talk , namely system law or the ins and outs beluk problem
    justice and enforcement law in a broad sense .</p>
    <p>Rapang , namely parable , custom society and provisions or rules
    applicable law​ in life in society and the state , both those who can
    in the form of determination together ( assmaturuseng ) or
    juridprudence .</p>
    <p>Wari, namely coating social or genealogy descendants .</p>
    <p>Sara, that is related elements​ with Sharia Islam .</p>
    <p>In law Bugis customs , concept Pangadareng which consists of Of
    the five principles , Ade , Bicara , Rapang , Wari, and Sara have
    role important in arrange order social and life in society . The
    perpetrator same leven ( alive together without bond marriage ) is
    considered violate principles custom This Because contradictory with
    upheld norms and values high by the Bugis community . The
    perpetrators same level violate Ade because wedding viewed as sacred
    things regulated by law​​ Customs . Life together without formal
    marriage is considered contradictory with custom custom , which
    requires the existence of a legitimate process in a way custom For
    confess connection between men and women . With violate Ade, they
    damage order social and neglect values respected by Bugis society
    .</p>
    <p>In the elements Talk , violation same level can brought to realm
    law custom If There is the party who feels disadvantaged or If look
    at need existence enforcement justice . Through Talk , the
    perpetrator same level Can charged sanctions custom Because
    considered to smear honor families and indigenous communities. This
    process aiming restore balance socially disturbed​ consequence action
    said . Rapang was also violated Because law Bugis customs have
    example past cases that become​ reference in handle violation . With
    referring to the decision custom previously , action same level
    rated as violation serious ever​ get punishment certain . Because of
    that that , behavior This contradictory with principle Rapang who
    guards continuity law custom .</p>
    <p>In addition , violations against Wari happened Because connection
    without wedding official damage order social and tarnish the good
    name family . Lineage in Bugis culture is closely guarded , and
    descendants are born from connection same level considered No own
    clarity of legal status . As a result , the family perpetrator Can
    facing a debilitating social stigma position they in structure
    social custom .</p>
    <p>Lastly , the related Sara element with Islamic law is also
    violated , because Islam requires wedding as the only one road
    legitimate For build connection between men and women . With
    violates Sara, the perpetrator same level No only contradictory with
    custom but also religious law , so the more strengthen view negative
    public to behavior The fifth . element This braided as One unity
    organic in natural thoughts , feelings and identity social the so
    -called society with series .</p>
    <p>The meaning of &quot; siri &quot; in Bugis society is very like
    that means until There is A proverb bugis which says &quot;SIRI
    PARENRENG, NYAWA PA LAO&quot;, which means : &quot; If price self
    has torn , then life lah the payment ”. From here meaning series so
    tall until in public bugis , lost price self somebody only can
    returned with payment life by si party against even the person
    concerned even though . And Siri' when translated as feeling
    Embarrassed if do disgraceful actions and attempts​ For still guard
    attitude so as not to cause low price self somebody .</p>
    <p>The Series of Things in a way lafdzhiyah Siri' means : Shame (
    price) self ), while Pacce or in Language Bugis called Pesse which
    means : painful / spicy ( hard , strong) establishment ). So Pacce
    means kind of intelligence emotional For participate feel pain or
    trouble other individuals in community ( solidarity and empathy
    ).</p>
    <p>The word Siri', in Makassar or Bugis, means &quot; ashamed
    &quot;. While Pacce (Bugis: Pesse) can means &quot; no&quot; cruel ”
    or “ pity ” or “ compassion ”. The structure of Siri' in Bugis or
    Makassar culture exists four categories , namely : [8]</p>
    <p>Siri' Ripakasiri ', is the Siri' related with price self personal
    , as well as price self or dignity and honor family . Siri' type
    This is something taboo and forbidden For violated Because the
    stakes is life .</p>
    <p>Siri' Mappakasiri'siri ', Siri' type This relate with ethos Work
    . In Bugis philosophy it is stated , &quot; Narekko darling your
    siri , your siri siri '.” It means , if you have no shame so borrow
    it to those who are still have a sense of shame (Siri'). Likewise ,
    vice versa , &quot; Narekko English: siri'mu , aja ' mumapakasiri'-
    siri .” This means , if you have shame so Don't make embarrassed (
    embarrassing ).</p>
    <p>Siri' Tappela ' Siri (Bugis Teddeng Siri '), means shame somebody
    That lost &quot; disturbed &quot; because something thing . For
    example , when someone have debt and have promise For pay it so the
    the debtor​ try as strong as power For keep his promise or pay his
    debt as the time that has passed determined ( agreed ). When it
    arrives the time that has passed determined , if in debt it turns
    out No keep his promise , that It means he has to embarrass himself
    Alone .</p>
    <p>Siri' Mate Siri', Siri” the one relate with faith . In the view
    of the Bugis/Makassar people, a person who has a siri marriage is
    the person inside himself Already No there is a little shame ( faith
    ) . People like This what else can I do will Once feel embarrassed ,
    or the usual called as corpse living life .​</p>
    <p>In order to complete fourth the structure of the Siri' so Pacce
    or Pesse occupies One place , so that to form a known culture (
    character ) with the term Siri' Na Pacce .</p>
    <p>Where when action same level violate mark series ' on pace as
    runway in return price self that has been violated consequence
    action this . [9] And where Bugis Makassar society holds firm mark
    from series ' on pace in his life from Formerly until now . Siri'
    Interpreted as encouragement For meaning to destroy other people
    when there is something smeared dignity himself and his family ,
    then life is instead .</p>
    <p>understanding series ' which has tried lifted from a number of
    expression lontara ' itself , shows that siri ' is nothing other
    than a consequences . [10]</p>
  </sec>
  <sec id="impact-social-to-samen-leven-actors-in-society">
    <title>Impact Social To Samen Leven Actors in Society</title>
    <p>Gather buffalo or same level known with designation ;
    cohabitation, ; living in non -motrimonial union, [7] has cause a
    anxiety for public Because considered as a deviant act​ from existing
    values​ in the society , &quot; Deeds same level considered as a an
    act that is not appropriate and inappropriate Correct For done as
    well as contradictory with the morals of Indonesian society .”
    Related with matter said , it was emphasized that of course action
    same level is deviant act​ as well as contradictory with mark as well
    as applicable norms in society . Actions same level considered as
    one of the from crime , because considered same level can cause a
    crime new or continued ( factor criminogenic ) such as , abortion ,
    murder baby born​ No wanted and disposal baby as results consequence
    existence action same level As a result , Lots case same completed
    level​ brutally and taking the law into their own hands (
    eigenrechting ) by the people who found it case this is in place
    they live and settle . [11]</p>
    <p>Then If Already happen action same level No close possibility
    will bring up consequence from action same level said , the act same
    level will result bad and loss moreover for race women , [11] and
    deeds same level in perspective Bugis society has impact significant
    social , especially​ when viewed through lens values series ' on pace
    , because as is known Bugis society upholds tall series ' on pace (
    price) self ), some impact social that can arise when happen
    violation in customs , namely : [12]</p>
    <p>Social Stigma : Individuals who violate Siri 's value Pacce often
    considered​ No immoral and get a negative stigma from public .</p>
    <p>Tension Interindividual or Group : Violation against Siri' na
    Pacce can cause tension that leads to conflict physique or verbally
    to restore the honor that is considered tarnished .</p>
    <p>Good in public custom and public general , violation to moral
    values and social norms , such as Siri'na Pacce and behavior same
    leven ( gather) kebo ) , often get a negative social stigma . Some
    examples of social stigma general is : [13]</p>
    <p>Reproach from public</p>
    <p>Perpetrator action same leven ( gather) kebo ) is very difficult
    escape from view as well as evaluation society , things This because
    of the perpetrators action This usually carry out the action within
    the scope life public for example House rental , boarding houses ,
    and places lodging , the result reproach to the perpetrator action
    same leven ( gather) buffalo ) always happened . Reproach public
    that's what caused it existence attitude feel Embarrassed as well as
    feel set aside .</p>
    <p>Disharmony in Family</p>
    <p>Family and home is safe place​ as well as comfortable to someone ,
    but matter That as if No applicable against the perpetrators action
    same leven ( gather) buffalo ), Where matter the is things to look
    at No in line with norms and rules Where applies to life in society
    , so that when someone got do action This confirmed will happen
    disharmony in his family especially action the until cause pregnancy
    outside wedding .</p>
    <p>The emergence Desire For Do Abortion</p>
    <p>Actions same leven ( gather) buffalo ) this acts that are
    considered despicable Because action This is actions that violate
    norms and rules that apply to life in society , especially when the
    act This cause pregnancy outside marriage , to the perpetrators
    action This must swallow fact bitter in judgment negative given by
    society .​</p>
    <p>Evaluation negative given​ that's what causes the mentality of the
    perpetrators action same leven ( gather) kebo ) shaken so that when
    action the cause pregnancy outside a legitimate marriage , then
    appear desire do abortion or disappearance life baby that When
    things the done , which of course Where will There is threat
    punishment criminal Because matter the can categorized as crime
    .</p>
    <p>Unclear Status of Children</p>
    <p>Children are a gift given by God. Birth a child is something
    happiness alone towards parents​ as well as family . But matter the
    precisely is thing where​ considered as problem where When the child
    the is results action outside legitimate marriage .​</p>
    <p>When the act same leven ( gather) kebo ) causes pregnancy , then
    child the No have clear biodata or status in a way administration
    population which ultimately child from results connection the will
    difficult get access service public .</p>
    <p>The result of the child action This later the day will also more
    potential caught problems in life social , for example in problems
    osseous the There is words negative as well as actions bullying
    other .</p>
    <p>Early-age marriage</p>
    <p>Actions same leven ( gather) buffalo ) is seen as disgraceful
    acts , especially when committing acts the result in pregnancy
    outside marriage . Pregnancy outside legitimate marriage​ this is
    what it is reason from the amount case wedding early in
    Indonesia.</p>
    <p>Where the mentality is not yet formed For homeless stairs ,
    readiness will financial , and completely thinking Not yet mature
    from perpetrator wedding early this , resulting in wedding the prone
    to caught will the problem where have a chance the occurrence
    quarrel in a way continuous , violence in House stairs (domestic
    violence) that ended divorce .</p>
    <p>Health Problems</p>
    <p>Actions same leven ( gather) kebo ) this is what causes somebody
    do wedding early , generally minimal getting education about
    sexuality . In addition , socialization towards parents and society​
    For use tool contraception during intercourse intimate which is also
    still low result in activity sexual , including in relationships
    intimate that takes place on the perpetrator wedding early what else
    is still aged under 18 years will more prone to the risk experience
    various problem infection infectious sexual for example , syphilis
    gonorrhea and Human Immunodeficiency virus (HIV) which can causes
    Acquired Immunodeficiency Syndrome (AIDS).</p>
    <p>Dropout​</p>
    <p>As is known school is place We to add knowledge as well as place
    beginning We make ideals and the future , but when someone do action
    same level this is what causes pregnancy , then No seldom We meet
    perpetrator same leven ( gather) kebo ) forced must separated school
    and sacrificing the future Because own responsibility new that is as
    parents , even​ No will escape from existence gossip environment
    around from place his residence . [14]</p>
    <p>It is deeply regretted typing action same level like discussion
    previously , where cause so Lots problem , in fact until moment This
    Still Not yet Can reached by the rules law national . Actually when
    we see Again about action same level , then things to do We get is
    action the is an act that is not in line or actions that are No
    direct violate Other laws . The laws in question that is :</p>
    <p>Constitution Number 16 of 2019 concerning change on Constitution
    Number 1 of 1974 concerning Marriage . Marriage is things to be
    assessed as something holy and sacred . That thing in accordance
    with Article 1 of Law No. 16 of 2019 concerning change on Law no. 1
    of 1974 concerning Marriage state that : &quot; Marriage is bond
    born inner between a man and a woman as husband wife with objective
    to form family or House the happy and eternal ladder based on Belief
    in the one and only God.&quot; Follow matter Article 2 paragraph (1)
    of Law no. 16 of 2019 concerning change on Law no. 1 of 1974
    concerning Marriage that states that : &quot; Marriage is valid , if
    done according to the laws of each religion and its beliefs That
    .&quot;</p>
    <p>Based on matter the can writer say that when someone namely men
    and women who do action same level , then matter the is a actions
    that are No direct to injure or No pay attention order The law aims
    to as means For arrange life society , which one if matter This Keep
    going continuously happen will result in existence from marriage
    that is valued as something holy and sacred​ in accordance with Law
    no. 16 of 2019 concerning change on Law no. 1 of 1974 concerning
    Marriage will the more eroded . This is supported with data from the
    Central Statistics Agency (BPS) stating that in 2023 the number
    marriages in Indonesia as many as 1,577,255. This figure it turns
    out decrease as much as 128,000 if compared to with 2022. Meanwhile​
    If in One decade final number marriage in Indonesia is declining as
    much as 28.63 percent . [15]</p>
    <p>Constitution Number 24 of 2013 concerning change on Constitution
    Number 23 of 2006 concerning Administration Population . In Article
    1 paragraph (10) of the Law Number 24 of 2013 concerning change on
    Constitution Number 23 of 2006 concerning Administration Population
    state that : &quot; Registration Resident is Population biodata
    recording , recording on reporting Incident Population and data
    collection Resident prone to Administration Population as well as
    publishing Document Population in the form of card identity or
    letter information population .” Following matter mentioned ,
    Article 1 paragraph (11) of the Law Number 24 of 2013 concerning
    change on Constitution Number 23 of 2006 concerning Administration
    Population state that : &quot; The event Population is incident
    experienced​ The population must reported Because bring consequence
    to publishing or changes to Family Card , Resident Identity Card
    and/ or letter information population other covering move come ,
    change address , and residence status limited become stay remain .”
    Based on matter the can writer conclude that when somebody namely ,
    men and women do action same level , then official note taking civil
    which is officials who do recording incident important , no can
    publish or emit card family because of No existence deed marriage or
    marriage book . Not only That only , when action same level result
    in ectopic pregnancy​ a legitimate marriage , then child from results
    connection the later will have insufficient status or biodata
    clearly resulting in child the difficult get access service public .
    This is can it is said is a actions that are No direct to injure or
    No pay attention order Purposeful law​​​ as means For arrange life
    society . Although Law No. 1 of 1946 concerning the Criminal Code No
    arrange in a way explicit about same level , not means action the
    can with free carried out throughout areas in Indonesia.</p>
  </sec>
</sec>
<sec id="conclusion">
  <title>CONCLUSION</title>
  <p>Criminal law custom Still own strong role​ in guard balance social ,
  especially in handle phenomenon the gathering that is considered
  violate moral norms . And the law custom still applicable as arranged​
  in Constitution 1945 basis in Article 18B Paragraph (2), and
  implemented in several area as part from the appropriate living law
  with values local . One of them is the Bugis community where the
  customary norms Still play a role important in maintain moral norms ,
  especially in handle action same level Where violate principle
  Pangadareng which consists of from Ade, Bicara , Rapang , Wari, and
  Sara. Violation this is also contradictory with Siri 's value Pacce ,
  concept guard price self and dignity . Same level considered damage
  order social , defamation​​ family , and violate custom as well as
  religious law , so that Can charged sanctions custom For restore
  balance social . Actors same level in Bugis society faces impact
  social serious , such as social stigma , disharmony family ,
  encouragement For abortion , unclear status of the child , and the
  risk wedding early . They are also vulnerable to separated school and
  problems health . Violation This trigger anxiety public Because
  considered violating customary and legal norms national , such as
  Constitution marriage and law administration population , which
  regulates importance wedding legitimate in build family and care order
  social .</p>
  <p>For optimizing it , government , academics , and figures public
  need increase socialization about impact negative same level as well
  as the importance of customary and legal norms in guard order social .
  Education This can done through schools , media, and communities local
  for the generation young more understand consequence law and social
  from action mentioned and necessary There is more policies​ clear in
  harmonize law customs and laws national related case same level .
  Government can accommodate values custom in system law national For
  ensure that settlement case still consider aspect culture , justice ,
  and protection for all parties involved .​</p>
</sec>
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