Indonesian Law of Citizenship Analyzed

Straat_in_Amboina_(Molukken) - Copy

The text below comes from a UN translation of the Indonesian law of citizenship that was in effect when Barry Soetoro lived in that country in the early to middle 1960s. This version took effect in 1958. Portions are copied here to elucidate particular passages that may be pertinent to our many prior discussions. Comments were added in red and emphasis was added in some places:

The Law on the Citizenship of the Republic of Indonesia.

Article 1. Citizens of the Republic of Indonesia are:

a. …

b. persons who at their birth have a legal family relationship with their father, a citizen of the Republic of Indonesia, with the understanding that said citizenship of the Republic of Indonesia starts as from the existence of that legal family relationship and that said legal family relationship is created before the persons concerned have reached the age of 18 or before they are married at an earlier age; [This translation leaves much to interpretation. Could it be read to say that if a “legal family relationship” between a child and his biological father is created before the child reaches age 18, then the child is an Indonesian citizen? Could a man adopt a child (or marry the child’s mother) before the child is 18, while at the same time claiming biological fatherhood, thus creating a “legal family” as well as at-birth citizenship for the child? (Wikipedia appears to believe so: “a child from an illegal marriage whose mother is a foreign citizen but the father is an Indonesian citizen and recognizes the child as his child before the child turns 18 or is married”) This link goes to the law in the Indonesian language. Some translations refer to a “family law” relationship. The definition of an “illegal” marriage may involve marriages performed abroad or mixed-religion marriages, which were considered in a revision to the law in 1974.] 

f. those born within the territory of the Republic of Indonesia as long as both parents are unknown; [Could apply to an adopted orphan.]

g. a child found within the territory of the Republic of Indonesia as long as both parents are unknown; [Could apply to a foundling encountered during the course of war or anthropological research.]

j. persons who have acquired the citizenship of the Republic of Indonesia according to the regulations of this law. [Depends upon circumstances.]

Article 2.

(1) A foreign child of less than 5 years age who is adopted by a citizen of the Republic of Indonesia acquires the citizenship of the Republic of Indonesia, if such an adoption is declared legal by the Pengadilan Negeri at the residence of the person adopting the child. [Applies if there was an adoption that was legally sanctioned.]

(2) Said declaration of legality by the Pengadilan Negeri shall be requested by the person adopting the child within 1 year after such an adoption or within 1 year after enforcement of this law. [Applies if this was done; may explain the removal of a child from the mother’s passport.]

Article 3.

(1) A child outside a marriage of a mother who is a citizen of the Republic of Indonesia or a child out of a legal marriage, but who has in a case of divorce been assigned to the care of its mother, a citizen of the Republic of Indonesia, who follows the nationality of the father, a foreigner, may present a petition to the Minister of Justice in order to acquire the citizenship of the Republic of Indonesia, if, after, having acquired the citizenship of the Republic of Indonesia, it possesses no other nationality or states at the same time to have released another nationality according to the procedure stipulated by the legal provisions of the country of origin and/or according to the procedure stipulated by the agreement on the settlement of the bi-nationality between the Republic of Indonesia and the country in question. [Could apply, depending upon the mother’s citizenship; dual citizenship may qualify.]

(2) The above mentioned petition shall be presented within 1 year after the person concerned has reached the age of 18 to the Minister of Justice through the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the person. [Could apply and explain a trip to Indonesia prior to a trip to Pakistan.]

Article 5.

(1) The citizenship of the Republic of Indonesia because of naturalization is acquired with the validity of the decree of the Minister of Justice who grants this naturalization. … [Depends upon circumstances.]

(5) The decree of the Minister of Justice which grants naturalization is valid as of the date that the petitioner takes an oath or swear allegiance before the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the petitioner and is valid retroactively the date of said decree of the Minister of Justice.

The oath or allegiance swearing is as follows:

“I swear (promise): “that I release entirely all loyalty “to foreign authority; “that I recognize and accept the highest authority “of and shall be loyal to “the Republic of Indonesia; “that I shall uphold the Constitution and other laws of “the Republic of Indonesia and “shall defend them faithfully; “that I bear this duty out of my own free will “and shall not diminish whatsoever”. [Depends upon circumstances.]

(6) After the petitioner has taken an oath or sworn allegiance as mentioned above, the Minister of Justice publishes such naturalization by inserting his decree in the State’s Paper. [Rep. Faleomavaega.]

(7) If the oath is not taken or allegiance not sworn within three months after the date of the decree of the Minister of Justice, said decree will automatically become null and void. … [Depends upon circumstances.]

Article 6.

Naturalization may also be granted for the interest of the State or because of services rendered to the State, by the Government with the approval of Parliament. In this case from the provisions of article 5 only those in para 1, para 5, para 6 and para 7 are applicable. [This article specifically excludes the age requirement on naturalization and allows it, presumably, for those under 21 who swear allegiance, if eligible. One whose parents have served the Indonesian State may be given a fast track to naturalization, as well might their children. Examples might be high-ranking members of the military or those who have worked to help educate such officials, aided Indonesian economic development through banking work, or performed ethnographic studies of Indonesian culture.]

Article 7.

(1) A foreign woman married to a citizen of the Republic of Indonesia, acquires the citizenship of the Republic of Indonesia, if and when she makes a statement as to that effect within 1 year after contracting said marriage, except in case when she acquires the citizenship of the Republic of Indonesia she possesses still another nationality, in which case the statement may not be made. [Would this require the surrender of the other citizenship first?]

Article 12.

(1) A woman who because of or as a result of her marriage acquires the citizenship of the Republic of Indonesia, looses [sic] said citizenship again, if and when after her marriage has been dissolved she makes a statement as to that effect. Said statement shall be made within 1 year after the marriage has been dissolved to the Pengadilan Negeri or the Representation of the Republic of Indonesia at her residence. [Did she?]

(2) The stipulation in para 1 is not applicable if said person becomes stateless with the loss of the citizenship of the Republic of Indonesia. [Confusing: a woman who acquires Indonesian citizenship via marriage already must not hold any other citizenship, at least the way I read the law. But then, I’m not a lawyer.]

Article 13.

(1) …

(2) The citizenship of the Republic of Indonesia acquired by a mother also applies to her children who have no legal family relationship with the father, who have not reached the age of 18 and are not married yet after they have resided and are in Indonesia.[Could this apply if there’s no father identified on the birth certificate? Is “legal family relationship” lost upon divorce? Or is Indonesian citizenship granted to the mother’s children, even if her Indonesian husband is not the father of her children, once they all reside in Indonesia?]

Article 14.

(1) If the children as mentioned in article 2 [adopted foreign child] and article 13 reach the age of 21, they loose the citizenship of the Republic of Indonesia again, if and when they make a statement as to that effect. Said statement shall be made within 1 year after the children have reached the age of 21 to the Pengadilan Negeri of Representation of the Republic of Indonesia at their residence. [If the statement is not made, then the citizenship continues?]

(2) The provision of para 1 is not applicable if said children become stateless with the loss of the citizenship of the Republic of Indonesia. [For example, no U.S. or British citizenship.]

Article 16.

(1) A child who looses [sic] its citizenship of the Republic of Indonesia because its father or its mother looses [sic] said citizenship, regains the citizenship of the Republic of Indonesia after the child has reached the age of 18, if and when it makes a statement as to that effect. [Depends upon circumstances.]

Said statement shall be made within one year after the child has reached the age of 18 to the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the child. [1979-1980]

(2) The provisions of para 1 is not applicable in case said child, after having acquired the citizenship of the Republic of Indonesia still possesses another nationality. [Depends upon circumstances and the mother’s citizenship.]

Article 17.

The citizenship of the Republic of Indonesia is lost because of:

a. acquiring another nationality out of one’s own free will, with the understanding that if the person concerned is, at the time that said other nationality is acquired, in the territory of the Republic of Indonesia, the citizenship of the Republic of Indonesia is only considered lost if the Minister of Justice declares it lost with the approval of the Cabinet Council on its own initiative or on the request of the person concerned; [Depends upon circumstances.]

b. not having rejected or having released another nationality whilst the person concerned has had the opportunity as to that effect; [Depends upon circumstances.]

c. being recognized by an alien as his/her child if the person concerned has not reached the age of 18 and is not married yet and does not become stateless with the loss of the citizenship of the Republic of Indonesia; [Remember 1971.]

e. being declared as lost by the Minister of Justice with the approval of the Cabinet Council on the request of the person concerned if the person has reached the age of 21, is domiciled abroad and does not become stateless at the declaration of the citizenship of the Republic of Indonesia as being lost; [Depends upon circumstances.]

j. having a passport or certificate which has the character of a passport from a foreign country in one’s name which is still valid; [Was there one?]

k. other than for state’s service, domiciling abroad during 5 consecutive years by not declaring one’s wish as to continue being a citizen before the period has lapsed and thereafter every two years; such a wish shall be declared to the Representation of the Republic of Indonesia at one’s residence. [Depends upon what, if anything, was declared to the Republic of Indonesia while abroad, attending school.]

For citizens of the Republic of Indonesia who have not reached the age of 18 yet, except if they are married, the five and two years’ period mentioned above is applicable as of the date that he reaches the age of 18. [The clock doesn’t start running until the child is 18. Approximately 1984, a declaration may have first been required.]

Article 18.

A person who looses [sic] the citizenship of the Republic of Indonesia as mentioned in article 17 letter k. regains the citizenship of the Republic of Indonesia if the person is domiciled in Indonesia based on an Entry Permit and makes a statement as to that effect. Such a statement shall be made to the Pengadilan Negeri at the residence of the person within 1 year after the person is domiciled in Indonesia. [Depends upon circumstances.]

Concluding regulations.

Article I.

A citizen of the Republic of Indonesia who is within the territory of the Republic of Indonesia is considered to possess no other nationality. …

Article IV.

Whoever must prove that he/she is a citizen of the Republic of Indonesia and has no documents which indicate that he/she possesses or acquires or possesses or acquires along with the father/mother said citizenship, may request the Pengadilan Negeri at his/her residence to confirm whether or not he/she is a citizen of the Republic of Indonesia according to the usual tribunal procedure. This provision does not diminish the special provisions of or based on other laws.

Article V.

From statements made which cause the acquisition or loss of the citizenship of the Republic of Indonesia a copy is forwarded to the Minister of Justice by the official in question.

Article VI.

The Minister of Justice publishes in the State’s Paper names of persons who have acquired or lost the citizenship of the Republic of Indonesia.

#####

The Indonesian state paper is the Berita Negara.

h/t to alfy for information about 2006 changes made to the law of citizenship.

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184 responses to “Indonesian Law of Citizenship Analyzed

  1. Ruth Bader Ginsburg Appears to Fall Asleep During State of Union… @DRUDGE

    (WOW if it was only ..THAT EASY! I didn’t hear IT so it must not HAVE happened?

    Obama urges Civility….. ( you must B KIDDING!!!

    Then Taunts …. ( be-cause HE CAN? …. TAUNT-ER – in – CHIEF! A BIG DEAL?

    Knocks ‘constant fundraising’…… ( the J O K E R !!! RIGHT ON!

    Then Ask$ for donation$… ( $$$ just where O’ where DOES that MONEY $$ GO?

    Address sets NEW Record for most VETO Threats… ( I’M THE “V E T O” ~M A N.. ha

    • If I’d been there (and I can’t imagine any scenario on earth that would put me there), but if I’d been there, I would have made sure she and all the other progs like her had to sit there, AWAKE, and listen to every word of his drivel.

  2. Congress needs to get busy and send him only veto proof bills. 🙂

  3. This would have made a much better SOTU address……just imagine O in place of KC . Zenway made me think of it with her VETO Man comment.
    And dig those bell bottoms!.

  4. Have a feast with your eyes and ears with this……..
    Compliments of Birther Report and Daily Caller

    http://www.birtherreport.com/2015/01/black-vanderbilt-professor-we-knew-so.html

  5. Black Vanderbilt Professor: We Knew So Little About Obama’s Background; Not Native-Born!?

    Black Vanderbilt Professor: We Knew So Little
    About Obama’s Background; Not Native-Born!?

    Professor Carol Swain doesn’t Hold Back on HER thoughts about Obama. Professor Swain basically Says Obama is destroying America noting we elected someone that WE knew so LITTLE….. about HIS background.

    U S U R P E R ~ U S U R P E R ~ how DOES ONE SPELL THAT?

    • In January 2015, in the wake of the Charlie Hebdo shooting, she wrote an op ed Criticizing Islam …….. in The Tennessean. Shortly after, Vanderbilt students held a protest …….. against her criticism. Conservative activist Victoria Jackson …….was censored from speaking out in favor of Professor Swain at the Rally. Meanwhile, Judson Phillips, another conservative activist, wrote an op ed in The Washington Times in defense of Professor Swain’s remarks. ha

      • But everybody is allegedly all for free speech. That’s supposedly what it means when they all say, “I am Charlie Hebdo.”

  6. NOT OFF the HOOK… JUST DOING a MAN’S JOB!
    DAMAGES 4 W H A T ? the BLACKened GAMES sick/sick

    http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?_r=0

    • You know what’s funny? The black police officers’ union in St. Louis (yes, they have their own separatist union) just saw the departure of the OTHER Darren Wilson. The black officer who at first was mistakenly reported as being the shooter of Michael Brown. He leaves at the same time as a new investigation into the swiping of several hundred thousand dollars from the union. Imagine that.

  7. miri, check this young lady out. See where you’ve seen that face before…..(holding a baby maybe)

  8. https://www.linkedin.com/pub/laura-vale-moore/30/13/a8
    oops, forgot to post the picture. think….think…think….

  9. This just says it all, eh? (From Maryland court records 🙂
    http://casesearch.courts.state.md.us/inquiry/inquiryDetail.jis?caseId=0501SP049152010&loc=19&detailLoc=DV

    Case Information
    Go Back
    Court System:DISTRICT COURT FOR PRINCE GEORGE’S COUNTY – CIVIL System
    Case Number:0501SP049152010Case Status:CLOSED
    Case Type:PEACE ORDEROrder Valid Thru:12/08/2010
    Filing Date:12/08/2010
    Defendant Name:OBAMA, BARRACK
    City:WASHINGTONState:DC
    Hearing Date: 12/08/2010Hearing Time:1:20 PMRoom:X1
    Hearing Location: 4990 RHODE ISLAND AVE,HYATTSVILLE,MD 20781
    Hearing Type: TEMPORARY
    Result: DENIED: APPEARS TO BE DELUSIONAL, MENTAL CASE
    This is an electronic case record. Full case information cannot be made available either because of legal restrictions on access to case records found in Maryland rules 16-1001 through 16-1011, or because of the practical difficulties inherent in reducing a case record into an electronic format.

  10. OBAMA: That’s How WE start rebuilding trust. ? That’s how WE move this country forward. ? That’s what THE American people want. That’s what they deserve??? I Have “NO MO’re campaigns to Run” ? (laughter & clapping) My Only Agenda — (laughter) — Ha HA HA HA HA !!!
    ~~ I know, ’cause I ..( U S U R P E D ).. ( won/STOLE ! )…. both of ’em. (laughter & applause). & NO I’M NOT Laughing … NEVER HAVE …..
    & I will never LAUGH… at the DECAY & DEATH of OUR USA …
    EACH DAY IS ……HELL on EARTH….. as LONG as HIS FACE is ALLOWED… 2 B in OUR FACES! yuk …. WAKE UP his famous
    Library is about 2 break …ground in CHICAGO ?.. says Rahm.. ha

    • Obama Library: Rahm Tells New York City Mayor to

      B A C K O F F … !!!!!

      It was a JOKE ! Sort of. OH SURE it WAS!!!!

      By Erin Carlson

      • While the prized presidential library and museum is Chicago’s to win, New York continues to put up a fight. Columbia University, President Obama’s alma mater, is among the top bidders for the future tourist trap, as is the University of Hawaii (his home state) as well as the University of Chicago & the University of Illinois at Chicago (his adopted city).

        Source: http://www.nbcchicago.com/blogs/ward-room/Obama-Library-Rahm-Tells-New-York-City-Mayor-to-Back-Off-284756271.html#ixzz3Pb2zI9ox
        Follow us: @nbcchicago on Twitter | nbcchicago on Facebook

        • Put it at Ha-aa-r vard…..the elitist, arrogant A@#holes’ there deserve it, and besides Columbia must be blowing smoke; no one even remembers him there and we have no proof he was ever there unless they want to build an invisible Library/museum. Or Chicago would suit just fine, thug central. THey can fly Obama’s commie flags high in the air and pay homage to the Down Low Club while they’re at it. Maybe someone will come up with some old footage or TAPE recorded action at the down low club for posterity and while they’re at it they can put in a whole section for ACORN and have a community organizer’s paradise. They could have training sessions for young student entrepreneurs on how to stage “False Flags”. And of course SELF esteem classes too, so Obama will have something to talk about in his waning years.

          • I think it should be in Hawaii. That’s his “birthplace” after all and, after all, he owes them the most. And as an added bonus, fewer people will visit because who has the dough to fly to Hawaii?

        • New York? Seriously? WHY?

    • Alright with the NLP, already. We’re sick to death of it. It doesn’t work anymore. People see through it. We’re all laughing at you now.

  11. January 22, 2015
    Clinton fundraising will be ‘like nothing you’ve seen’ ?????? O’
    By Rick Moran @ AT
    President Obama raised $1.072 billion for his 2012 successful presidential campaign. This is after he raised $750 million for his 2008 campaign.

    How well is Hillary Clinton expected to do in the fundraising department?
    According to aides, her efforts will “astound and intimidate.”
    The Hill:
    Major donors are ready to announce huge financial commitments to Hillary Clinton as soon as she announces a second run for the White House, according to Clinton allies and Democratic fundraisers.

    The Clinton team wants to build excitement about her campaign launch, which is expected in March or April. The money blitz would be a show of Clinton’s strength meant to scare away potential primary rivals.

  12. 2 ALL CONCERNED ~ GO CLIMB A – F-in’- TREE ….will U!
    Apparently …..
    neither Ms. Maynard nor Mr. Diaz had adequate counseling or
    the proper interventions. Instead Mr. Diaz actually went out & purchased
    the Poison & Encouraged the Lethal Action.

    NO… BRITTANY was in the DRIVERS…SEAT…. 4 SURE ~4 SURE!

    “”” He is being Praised….BUTT did he Benefit in Anyway? “”” ????

    YEP….he was LEFT with the HOUSE PAYMENTS…. did U DIG
    DEEPER?? A LIFE / DEATH insurance?? maybe SO? so what?

    Should we change the law Based on THIS Case; Based on these Facts?
    If so, we need to LOOK at this Case a LOT more Carefully. It has many
    “….problematic EAR-marks of ‘Assisted ‘cajoled’ suicide’ “….& we have
    seen this pattern before. ….O SO… it’s a pattern IF U SAY SO ???

    F-U …..CALL it what-ever.. how dare you TRY…. 2 tarnish BRITTANY’s WISH! YOU BUNCH OF SCUMB BALLS!
    WTPOTUS …. wish this ALSO OR I WISH 2 have this be A WAY OUT!
    ….so just GO AWAY!!!! ….

    The day before the .. ???killing (suicide is literally a ‘self-killing) …..

    (as She slipped…. OUT of HER GLOOM & DOOM …. a bit EARLY??)

    Brittany publicly declared that SHE… Changed HER -MIND!????

    NO ! .. SHE TOOK “YOUR” CREEPY MINDS “OFF” IT! nothing MORE
    I knew What She was DOING…. & WHY…. what a disgusting place
    to PRY…. while she wished to EASE her PAIN …. the sadness of it ALL

    Who talked her back into it! ???
    NO….. ONE….. TALKED or FORCED that beautiful woman to Leave
    HER Husband ~ HER DOGS ~ HER MOTHER…. NO ONE…..
    GET RIGHT WITH YOUR SELFS….. RIP MS. MAYNARD….

  13. I just got back from two week vacation in Hawaii,
    here’s my thoughts:
    Barack who? That guy! We’re stuck with him for two more years, good news is he won’t get nothing done.
    Iran? They will try a kill shot, an EMP explosion from a rogue freighter
    before Mr. who leave office.
    All the other news? It’s a diversion, Obama who’s last act is to buy the time for the Muslim world (via Iran) to get Nukes.
    Tonight, Glozell interviews obma, Good news: Glozell is probably not a muzzy and she’s kind of funny.
    Lastly, three good things about Hawaii (Maui):
    1) Has a strong Polynesian subculture that remembers who they were
    2) 85 deg in January, what’s not to like?
    3) Beyond the range of an EMP pulse targeted over the midwest so it’s
    a natural refuge if you can get there before it’s time.

  14. Here’s a dodgy looking website right up there with lame cherry,
    it’s called instantcheckmate.com
    This iste purports to have all the info about you that you wish had never
    happened or was lost in the mists of time,
    I read about it on newsmax,
    first thing that happens when yu go there is you get a progress bar
    advising you that “establishing connection” is in progress. Takes about
    two minutes before “connection secured” is achieved.
    What?? TF?
    What is happening to your computer in those 120 seconds?

    Then the site asks for your name and address and asks you to tick a box
    “is this you”?

    I wouldn’t advise entering any data. So what’s going on here?
    I stopped reading infamous site called lame cherry once I realized that they
    were telling you everything any conspiracy theorist would want to hear
    accompanied by some incredulous ranting and some very rotic if soft
    corn – the idea being to link all your conspiracy suspicions to the ridiculous.

    This site has the narcotic appeal, WOh no! do they really know I did that back in 1955?

    But how do they make their money?
    “If a product on the Net is free, then the real product is YOU”,
    Think so maybe,

    If you type in your details then:

    1) You say I am slightly dodgy, my past history is a worry
    2) My name is/was (John Smith) and I really did live in Kalamazoo.
    3) And here is my present Internet Address so now you investigate me
    like proper.

    Finally, why are a whole bunch of Conservative type websites asking me to give them money, buy gold, buy silver, invest in survival food, or give
    50 b ucks to send “blast faxs”.
    I guess they are all interested in my being a good conservative, or maybe not.

    • dave always thought the Lame was a weirdo on purpose sort of dude, an ambiguous sort of fool ….I did used to go there to hear a rant or two from time to time, but it’s actually run out of steam anyway….I mean a charade can’t last forever, too many good sites with real facts are out there.

  15. USURPER O’…. was asked about HIS? “First Wife” .. in a cringe-making interview with YouTube celebrity GloZell Green. @ BlogStoriez
    The PR Stunt – Granting interviews to 3 of the MOst popular YouTube content producers – Back-fired when Green, age 52, INsisted on Giving
    the O’… 3 samples of her trade-Mark green lipstick as presents 4
    HIS ??? 2… daughters & HIS??? …. “First Wife.” …. ha
    Momentarily taken aback, the USURPER cracked: “You know something
    I don’t?” …… may-be-so …O’ …
    Green, known for HER…. YouTube stunts like bathing in a bathtub filled with milk & Fruit Loops breakfast cereal, hadn’t finished there. !!!
    She told Obama – who just announced a Thaw in US Relations with
    Cuba in Tuesday’s State of the Union speech – that Cuban strongman
    ….. Raul Castro “puts the …. ‘dic’ …. in ‘dictator.” …ha

  16. Snatched from Weasel Zippers Friday Open Thread.

    There’s a lot of comic relief on that board tonight. Lots of “posters” and other funnies. From cute to hilarious.

    Have a good weekend, Everyone!

    • I’ve emailed Montgomery sibley on matters concerning his case. He says if I have anything new to inform him. but he gives out nothing. HE is the only one sighting a case quashing Ms. E. Dukes indictment.
      I also have now finally initiated a contact with a retired FBI dude. We’ll see.

  17. Pastor gets his Shout OUT???? Mom refused 2 watch THIS cops
    video…since they can’t take MUCH 2 court…I guess WE won’t see
    AL or Jess…not MUCH 2 see…. 21 year old Terrance Walker…just
    happened 2 have A BULLET with HER Name on IT…..Scary…. O’

    http://news.yahoo.com/oklahoma-police-release-video-of-cop-fatally-shooting-armed–fleeing-man-172450903.html

  18. every picture tells a story…don’t it! Threats – a loaded GUN – U – RUN
    why??? watching to many video / movies…. the cam is loaded also
    21 & just plain stupid … 4 what did you choose your fate? it ended

    http://www.kjrh.com/news/news-photo-gallery/muskogee-deadly-officer-involved-shooting-timeline-from-chansey-mcmillin-bodycam-video-on-jan-17

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