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Cempaka Arumsari

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Narcotics abuse is no longer considered a victimless crime, but rather an offense that claims numerous victims and inflicts a prolonged catastrophe upon humanity. Furthermore, an emerging challenge is narcotics cases committed by recidivists, namely individuals who re-offend after having been previously convicted and sentenced. Recidivist status raises juridical issues, as it constitutes grounds for the aggravation of criminal penalties. The objective is to ensure that the imposition of criminal sentences effectively provides a deterrent effect and precludes the offender from repeating the same criminal offense. The existence of narcotics abuser recidivists also creates a distinct dilemma for Law Enforcement Officials. Judges are mandated to impose fair and proportionate sentences in accordance with statutory regulations. The recidivist status of a narcotics abuser frequently serves as a justification for Law Enforcement Officials to bypass the integrated assessment required for rehabilitation. This research utilizes a normative legal research method, employing statutory and conceptual approaches. The legal materials used consist of primary legal materials, taking the form of statutory regulations and court decisions, as well as secondary legal materials, comprising legal books and journals, which are analyzed using a descriptive-analytical method. The research findings indicate that recidivists may obtain rehabilitation even in the absence of an assessment. This research concludes that the objectives of sentencing, in addition to providing a deterrent effect, aim to cure or at least restore the offender's condition through rehabilitation; however, guidelines or jurisprudence are required to ensure legal certainty and consistency of application in the future.

M. Julianto Al Hakim; Diah Gustiniati Maulani; Dona Raisa Monica

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The illicit circulation of narcotics in Indonesia has undergone a fundamental evolution into cyber-enabled crime, where drug syndicates systematically exploit children as technical operators through digital media to sever the main network chain and evade legal detection. This study aims to analyze the anatomy of the modus operandi of narcotics transactions involving children in the digital realm and examine its legal implications for the process of proof and criminal liability. Utilizing an empirical juridical research method with a sociological approach conducted in the jurisdiction of the Metro Police Resort, Lampung, this research identifies a shift in modus operandi towards the "Map System" or Dead Drop Method. In this modus, the child's role is divided into three sophisticated technical stages: pre-transaction via encrypted communication, field execution (mapping & dropping) using precise GPS coordinates, and post-transaction involving digital cleaning, which creates a phenomenon of crime "gamification" where children perceive the criminal act akin to an online game mission. The legal implications of this phenomenon present serious challenges regarding the validity of electronic evidence, which is volatile due to a weak chain of custody, as well as the reconstruction of the child's mens rea, which points towards premeditated intent (dolus premeditatus) driven by high digital literacy rather than mere negligence. These conditions complicate the application of pure diversion as mandated by law; thus, this study recommends a hybrid punishment approach where law enforcement proceeds to break impunity, but sanctions focus on specific rehabilitation in the Special Guidance Institution for Children (LPKA) to reorient the children's digital skills positively.

Hernawati, Hanifah Linda

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rampant circulation of illegal drugs involving children as drug couriers is an issue that requires serious attention from the government, law enforcement agencies, and the wider community. It is important to note that children who commit criminal acts must still receive legal protection in order to ensure their best interests. This study aims to examine the forms of criminal liability and legal protection provided to children who act as drug couriers. The method used in this paper is normative juridical. The results of the study show that children who commit narcotics crimes, especially as couriers, can be charged under Law Number 35 of 2009 concerning Narcotics, but special provisions stipulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System must still be taken into account. An example of legal protection is the reduction of prison terms, as decided by the Denpasar District Court. This consideration was given because the child defendant was still underage, had an unstable psychological condition, and needed supervision and counseling to prevent recidivism. Leniency in sentencing is also important to protect children's rights.

Boby Pratama Jaya; Firganefi Firganefi; Dona Raisa Monica; Eko Raharjo; Refi Meidiantama

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Drug abuse among university students is a serious phenomenon that affects the social, moral, and intellectual aspects of the younger generation. Students, who are ideally positioned as agents of change and drivers of national development, are often found to be vulnerable to drug abuse. This study aims to analyze the implementation of Law No. 35 of 2009 on Narcotics in preventing drug abuse among university students in Lampung Province, as well as to identify its inhibiting factors. The research employs a normative juridical and empirical juridical approach, using primary and secondary data obtained through interviews, field studies, and literature reviews. Key informants include the Narcotics Directorate of the Lampung Regional Police, P4GN Unila, the Vice-Rector III for Student Affairs and Alumni at Unila, and lecturers from the Criminal Law Department at Unila. The findings show that the Lampung Regional Police have implemented preventive strategies such as counseling, campaigns, urine tests, and drug abuse education on campuses, as well as repressive strategies through law enforcement against students involved in narcotics distribution, with 283 recorded cases over the past five years. However, the effectiveness of implementation is still hindered by limited campus facilities (counseling centers, safe reporting systems), the lack of regulatory responsiveness to digital challenges, and low student trust in law enforcement. Therefore, prevention efforts need to be strengthened through cross-sectoral synergy, policy updates, and the enhancement of the role of universities in creating a safe, healthy, and drug-free campus environment.

Nabila Oktavia Lestari

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Narcotics are substances or drugs, whether synthetic or semi-synthetic, derived from plants or non-plant materials that have the potential to cause disturbances or changes in human consciousness. Their use may result in loss of sensation, impaired taste, and, in more severe cases, strong dependency or addiction. While narcotics have undeniable benefits in the fields of medicine, healthcare, and scientific development—particularly in pain management and research—their misuse carries significant risks for both individuals and society. This study adopts a normative legal approach by analyzing existing regulations, statutory provisions, and relevant academic literature regarding narcotics and crime. The findings reveal that narcotics abuse is often closely linked to criminal behavior, as drug dependence can negatively influence psychological stability, decision-making, and social conduct, potentially driving individuals to engage in unlawful acts. Furthermore, crime is a relative concept shaped by context, culture, and societal norms, which means its connection with narcotics requires multidimensional analysis. Law enforcement efforts against narcotics-related crimes have been continuously pursued by authorities through preventive, repressive, and judicial measures, with various court rulings highlighting the gravity of the problem. However, legal enforcement alone is insufficient; a holistic strategy is needed that combines strict law enforcement with rehabilitation, psychological support, and community education. Such a comprehensive approach is expected to reduce narcotics misuse, prevent recidivism, and minimize its destructive impacts. Ultimately, this research seeks to provide deeper insights into the dynamic relationship between narcotics abuse and crime, while offering practical recommendations to achieve more effective solutions for protecting individuals, strengthening social resilience, and promoting public welfare

Sarmadani Sarmadani; Yudhanto Satyagraha Adiputra; Khairi Rahmi

Jurnal Ilmu Komunikasi, Administrasi Publik dan Kebijakan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The circulation of narcotics in Tanjungpinang City has increased from 2019 to 2023, despite various programs implemented by relevant agencies. Based on the data, there were 422 suspects apprehended, with 395 suspects acting as distributors (dealers) and 27 suspects as users. The presence of two main institutions, the National Narcotics Agency of Tanjungpinang City and the Narcotics Crime Unit of Tanjungpinang City Police, has not yet been fully effective in reducing the rate of drug trafficking. This study aims to analyze the application of collaborative governance in combating drug trafficking in Tanjungpinang City, based on the theory of Schottle, Haghsheno, and Gehbauer (2014) with seven indicators: willingness to compromise, communication, commitment, mutual trust, transparency/information exchange, knowledge sharing, and willingness to take risks. The method used is a descriptive qualitative approach. Data was collected through interviews and documentation. The research results indicate that willingness to compromise is reflected in cooperation such as joint investigations and coordination in handling suspects. Communication between agencies is conducted both formally and digitally, though not yet structured on a routine basis, it remains responsive. Commitment is demonstrated through Operation Antik, the BNNP prevention program, and the consistent and sustained participation of the DPC GANN. Mutual trust is built through open communication and recognition of each party's role. Transparency and information exchange are evident in the openness of data and access to information between agencies and the public, though technological challenges remain. Knowledge sharing is facilitated through contributions from the National Narcotics Agency (BNN), the police, and former offenders, fostering collective learning. Willingness to take risks is evident in the courage to adopt new approaches for innovation in drug eradication.

Siti Rohmah; Novita Alfa Ramadhan; Lucky Dafira Nugroho

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Drug abuse is a complex and evolving legal problem in Indonesia. Law Number 35 of 2009 concerning Narcotics strictly regulates provisions for drug users, both in terms of criminal penalties and rehabilitation. In practice, drug users are often treated as criminals and sentenced to imprisonment, although normatively the law also provides opportunities for rehabilitation as a form of protection and recovery. This study aims to examine the legal provisions for drug users from a legal perspective, analyze the role of Legal Aid Institutions (LBH) in handling drug abuse cases, and identify obstacles faced in implementing such legal assistance. The methods used are normative legal and sociological legal approaches, with data collection techniques through literature and documentation. The results of the study indicate that drug users should have access to rehabilitation, not just punishment. LBH plays a crucial role in providing legal assistance and advocating for the implementation of restorative justice. However, several obstacles remain, such as limited resources, a lack of understanding among law enforcement officials, and public stigma. Joint efforts are needed between the government, LBH, and the community to realize fair legal protection for drug users.  

Abdul Haris Nafis; Handar Subhandi Bakhtiar

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The problem of drug abuse is a serious challenge in various countries, including Indonesia and Malaysia. Both countries have strict legal systems in dealing with drug crimes, with an approach that emphasizes the imposition of severe criminal sanctions on perpetrators. This study aims to compare drug law policies between Indonesia and Malaysia, especially in terms of regulation, law enforcement, and the types of criminal sanctions applied. The research method used is normative juridical with a comparative legal approach between countries. The results of the study show that although in general both countries adopt a repressive approach, there are important differences in their legal systems. Malaysia applies a mandatory death penalty for drug dealers in certain amounts, as regulated in the Dangerous Drugs Act 1952. Meanwhile, Indonesia gives judges the authority to determine the type of sanctions, including the death penalty, based on legal considerations and justice in Law No. 35 of 2009. This study is expected to be an evaluation material for policy makers in Indonesia in formulating a drug law system that is not only repressive, but also pays attention to aspects of justice, human rights, and legal effectiveness.  

Seri Mughni Sulubara; Taifatul Jannah; Yeni Irma Normawati; Hilma Rahmatillah; Eka Lestari Sitepu +1 more

Jurnal Pengabdian kepada Masyarakat 2025 Pusat Riset dan Inovasi Nasional

Handling drug abuse is one of the main focuses in the Prevention and Eradication of Drug Abuse and Illicit Trafficking (P4GN) efforts in Indonesia. In this context, medical and social rehabilitation plays an important role as a recovery effort for addicts to return to optimal functioning in society. This community service activity uses a qualitative approach with a combination of observation, interview, and digital-based direct intervention methods in handling medical and social rehabilitation for drug abusers. This community service activity successfully implemented a digital-based medical and social rehabilitation strategy in supporting the P4GN program with a smart power approach. A web-based information system and mobile application designed to facilitate registration, monitoring, and mentoring of rehabilitation patients were successfully developed. This system provides easy access to information for the community and drug abusers to register and obtain rehabilitation services efficiently without having to come directly to the rehabilitation facility. The digital rehabilitation system is integrated with national electronic medical record platforms (such as SIRENA and the Ministry of Health's SATU SEHAT service), thus facilitating coordination between institutions and ensuring continuous monitoring of client health during and after the rehabilitation period. This community service activity successfully demonstrated that the handling of medical and social rehabilitation in a digital-based P4GN strategy with a smart power approach is an effective solution in an effort to realize a drug-free society. The smart power approach that integrates hard power (law enforcement) and soft power (prevention, community empowerment, and rehabilitation) with the support of digital information technology can improve the accessibility, effectiveness, and quality of rehabilitation services.

Aida, Nur; Muslim, Ikhwanul; Sunariyo, Sunariyo

DINAMIKA HUKUM 2025 Universitas Stikubank

This research discusses the legal protection for children involved in drug abuse as transaction intermediaries. The main focus of this research is the application of rehabilitation in the juvenile criminal justice system, emphasizing the importance of recovery rather than punishment. This research utilizes the normative literature method and approaches legislation, cases, and conceptual. The decision was analyzed to determine the form of legal protection that can be given to children with drug abuse cases. The findings indicate that Law No. 11/2012 on the Juvenile Criminal Justice System emphasizes that children must receive protection from the investigation stage until the legal process takes place. However, in practice, judges still often impose prison sentences without considering aspects of social and medical rehabilitation. This research recommends that the justice system prioritize rehabilitation to ensure optimal recovery and social reintegration of children, which is in line with child protection theory and restorative justice theory. Keywords: Legal Protection, Children, Rehabilitation  

Rifai, Choirur; Haryono, Waty Suwarty; Wiryadi, Uyan

DINAMIKA HUKUM 2025 Universitas Stikubank

Tanpa hak menjadi perantara jual beli narkotika merupakan suatu perbuatan yang bertentangan dengan hukum dan masuk dalam rumusan deli sebagaimana dirumuskan dalam Pasal 8 Undang-Undang Nomor 35 Tahun 2009 tentang Nakotika. Dengan demikian tanpa hak menjadi perantara dalam jual beli Narkotika yang dimaksud dalam Putusan Putusan Negeri Jakarta Selatan Nomor 152/Pid.Sus/2024/PN Jkt.Sel., dan Putusan Nomor 207/Pid.Sus/2024/PN Jkt. Sel., yaitu seorang yang tidak berhak atas Narkotika Golongan I atau yang menggunakannya tidak untuk kepentingan pengobatan, tidak mendapatkan izin, dan melakukan perantara jual beli dengan melawan hukum. Penelitian ini akan menganalisis dasar pertimbangan hakim dalam memutuskan perkara dan tindak pidana tersebut menurut hukum pidana. Jenis Penelitian ini termasuk dalam penelitian pustaka (library research), sehingga mengambil dan mengolah data dari sumber-sumber kepustakaan seperti buku-buku dan jurnal yang terkait dengan penelitian ini. Pendekatan yang digunakan adalah penelitian hukum normatif (yuridis normatif) atau penelitian doktrinal. Metode pengumpulan data penelitian ini adalah metode dokumentasi yakni data-data yang dikumpulkan dari sumber dokumen yang ditulis atau dibuat langsung oleh subjek yang bersangkutan. Dan analisis yang digunakan adalah Teknik analisis isi (Content Analysis), yaitu suatu teknik dipergunakan dalam menganalisis terhadap isi suatu informasi secara tertulis yang bertujuan untuk menarik kesimpulan dari informasi yang dianalisis tersebut. Penelitian ini menunjukan bahwa pertimbangan hakim dalam memutuskan perkara didasarkan pada alat bukti dan fakta-fakta yang telah terungkap di persidangan, terdakwa melakukan tindak pidana tanpa hak menjadi perantara jual beli narkotika dengan dakwaan alternatif yaitu melanggar Pasal 114 ayat (2) Nomor 35 tahun 2009 tentang Narkotika dan didakwa dengan dakwaan kesatu. Jual beli narkotika memiliki arti perbuatan-perbuatan yang dilarang oleh undang-undang dan dari perbuatan tersebut pelaku kejahatan akan mendapatkan sanksi hukuman karena dalam perkara ini pelaku melakukan tindak pidana.

Riyansyah Riyansyah; Sintong Arion Hutapea

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Restorative justice is an alternative approach in the criminal justice system that focuses on restoring losses arising from criminal acts, as well as efforts for dialogue between perpetrators, victims, and the community. In the context of drug abuse in Indonesia, this approach is beginning to be considered as a more humane solution compared to conventional punishment, especially for addicts or users who are essentially victims of dependence. This study aims to analyze the effectiveness of the application of restorative justice in resolving drug abuse cases in Indonesia. The method used in this study is a juridical-normative approach with case studies and qualitative analysis of laws and regulations, law enforcement policies, and their implementation in the field. The results of the study indicate that although the concept of restorative justice has significant potential in encouraging rehabilitation and social reintegration for drug users, its implementation still faces various challenges, including the absence of clear regulations, community stigma, and resistance from some law enforcement officers. Therefore, it is necessary to strengthen regulations, training for officers, and public education to support the success of this approach in the drug criminal justice system in Indonesia.

Gaerry Amano Suitrisno; Bahrul Amiq; Yustino Yustino

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Drug abuse is a serious social problem in Indonesia, including in Mojokerto City. The government, through Law Number 35 of 2009 on Narcotics, has established medical rehabilitation programs as a primary solution for handling drug users. This study aims to analyze the implementation of medical rehabilitation facilities for drug users at the National Narcotics Agency (BNN) of Mojokerto City and identify the challenges faced in its implementation. The findings indicate that the medical rehabilitation program has been carried out through various stages, including detoxification, medical therapy, and psychosocial assistance. However, several obstacles hinder its effectiveness, such as limited human resources and facilities, social stigma against drug users, and suboptimal inter-agency coordination. Therefore, improvements in facilities, medical personnel, and stigma reduction strategies are needed to support the success of rehabilitation programs for drug users.

Zakky Maulana Afizuddin; Nur Handayati; M. Syahrul Borman

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the investigation of narcotics crimes conducted by the Mojokerto City Police in accordance with the provisions of Article 114 in conjunction with Article 112 of Law Number 35 of 2009 concerning Narcotics. These articles regulate the threat of criminal penalties for drug dealers and users, and provide a legal basis for law enforcement officers in carrying out the investigation process. This study uses a normative legal method with a statutory approach and case analysis. The results of the study indicate that the investigation at the Mojokerto City Police has attempted to comply with applicable legal provisions, but there are obstacles such as a lack of competent human resources, obstacles in collecting evidence, and challenges in implementing rehabilitation for drug users. This study recommends increasing the capacity of investigators through training, optimizing cooperation with related agencies, and implementing more transparent and accountable investigation procedures.

Depita Kardiati

Kajian Administrasi Publik dan ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The circulation of narcotics in Aceh's territorial waters is a serious problem that affects the security and welfare of the community. This research aims to analyze the role of the Directorate of Water and Air Police (DITPOLAIRUD) of the Aceh Regional Police in efforts to control narcotics through preventive and repressive measures. The research method uses a descriptive qualitative approach with data collection techniques through interviews, literature studies and document analysis. The research results show that Ditpolairud's preventive actions include routine patrols in water areas, strict monitoring of smuggling-prone routes, as well as quick response through a quick response system. However, the implementation of this action is hampered by limited resources, such as patrol boats, ship detection technology and integrated hotlines. Meanwhile, repressive measures include arresting perpetrators, investigating and compiling case files which also face challenges in terms of the availability of personnel and forensic facilities. This research concludes that optimizing the role of the Aceh Regional Police's Ditpolairud requires increased support for facilities, infrastructure and personnel training to maximize the effectiveness of countering narcotics in Aceh's territorial waters.

Dwi Mika Elencia Sirait; Ojak Nainggolan

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Implementation of Law no. 35 of 2009 concerning Narcotics in Medan City is an important issue in the context of legal protection for children involved as narcotics dealers. This research aims to analyze how the narcotics law is applied in cases involving children, as well as things that are considered in the law enforcement process and how criminal proceedings are carried out in the juvenile criminal justice system. This research provides an in-depth understanding of the application of special regulations, namely Law no. 35 of 2009 concerning Narcotics, while still considering Law no. 11 of 2012 which regulates the Juvenile Criminal Justice System. This approach aims to ensure legal protection for children involved in narcotics crimes, so that the law can be applied fairly and protect children's rights. This research utilizes empirical juridical legal methods, where the main data is obtained through direct interviews with judges serving at the Special Class IA Medan District Court, thus enabling researchers to obtain relevant and in-depth perspectives regarding the application of this law in real practice in the judicial environment.

Imelda Kusuma Sari; Rusmilawati Windari

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Narcotics crime in the military environment is a serious offense that not only violates general criminal law, but also violates the code of ethics and discipline of Indonesian National Army (TNI) soldiers. This study aims to analyze the basis of the judge's consideration in imposing additional punishment of dismissal against TNI soldiers who commit narcotics crimes. The research method used is normative legal research using a statutory approach and a conceptual approach where cases that have permanent legal force (inkracht van gewijsde) are studied by the author from the judge's consideration to the verdict. The results of this study indicate that the rationality of the judge's consideration in imposing additional punishment of dismissal is based on several fundamental aspects: (1) The impact of actions on military institutions (2) Factors of violation of the code of ethics and discipline of TNI soldiers (3) Consideration of professionalism and integrity of TNI soldiers.

Irman Putra

Karunia: Jurnal Hasil Pengabdian Masyarakat Indonesia 2024 Fakultas Teknik Universitas Maritim AMNI Semarang

The high threat posed by narcotics and the dynamic strategic environment for narcotics means that Law Number 35 of 2009 concerning Narcotics is considered to be no longer compatible and therefore needs to be revised. The purpose of this research is to show that the initial picture leads us to awareness of the condition of "Indonesia's Drug Emergency" which is still occurring today. Qualitative research uses descriptive methodology to collect data methodically, factually and wisely according to the description at the time of the research. The results of this research show that several efforts to optimize coordination and collaboration between related institutions are needed in preventing the distribution of narcotics and rehabilitation of victims of drug abuse.

Maulida Maghfirotul Mudrikah

Jurnal Hasil Kegiatan Bersama Masyarakat 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Talking about drugs is certainly not a foreign thing anymore, because a little news warning about drugs is widely spread on various social media, even in schools we have often heard. Not a few people who consume drugs excessively, ranging from adults, teenagers and even children. Therefore, MIT-18 KKN Students Posko 27 have a work program, namely the socialization of drug prevention in early childhood. It is very important to provide education about drug prevention from an early age. This work program was held because of the many complaints and concerns of the Payung village community regarding the large number of village teenagers who consume illegal drugs. In this socialization, KKN Students Posko 27 collaborated with the National Narcotics Agency (BNN) to provide education related to drugs. The method of implementing this socialization begins with; a). Submission of a proposal to the BNN (National Narcotics Agency), b). Submission of a socialization permit letter to the principal of SD N 1 Payung, c). Preparing a place for the implementation of socialization, d). Drug education materials by BNN, e). Ice Breaking, f). Drug related Quizzes and Questions.

Lydia Natalia Amul; Maulia Yuniar Safitri; Lia Ferina

Kajian Administrasi Publik dan ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Narcotics abuse among teenagers is a serious problem that affects the health and future of the younger generation. Local governments play an important role in efforts to prevent and control this phenomenon. This study aims to analyze the involvement of local governments and the strategies they have designed to reduce drug involvement among teenagers. Through a look at implemented policies and programs, this research explores various approaches used by local governments to mitigate the negative impacts of narcotics protection and increase awareness and education in the community.