The urgence of the code of conduct of the professional advocate in Indonesia

This research is a normative legal research, namely research that focuses on the study or study of positive law. The Advocate profession is related to the task of serving the community to help solve the legal problems it faces. In carrying out their duties, advocates are guided by the Law on Advocates, but the norms of the law are considered insufficient, because the advocate profession is related to behavior that is not infrequently influenced by the moral ethics of advocates in every decision making. For this reason, in carrying out their duties, they still need an ethical guide as a guide in carrying out their professional duties. In this regard, the Advocate Professional Code of Ethics is very much needed in guiding the behavior of Advocates in making decisions and ethical behavior.

Adjustments to the economic assessment of environmental violations

The article highlights a number of scientific and practical issues of methodology for assessing economic damage. Special attention is paid to the damage caused by environmental violations associated with the long-term accumulation of pollution in uncontrolled territories. A number of world and Russian examples of large-scale environmental violations that caused enormous economic damage are given. The necessity of deepening and correcting a number of points in the analysis of ecological-economic and ecological-legal problems of damage assessment is emphasized.

Urgensi Pembentukan Undang-Undang Fintech Di Indonesia: Harapan Dan Realita Di Era Pandemic Covid-19

The growth of Fintech in Indonesia is very rapid, this condition is directly proportional to the legal problems that arise, the legal policy of regulation and protection of Fintech is still focused on the OJK, while the OJK still has many weaknesses in the implementation of supervision and protection of fintech activities, especially in the era of the covid pandemic. -19. The purpose of this study, first, by outlining the legal regulations issued by Bank Indonesia and the Financial Services Authority regarding fintech in Indonesia by looking at the legal weaknesses so that it is important to establish the Fintech Law. second, the urgency of the establishment of a fintech law on fintech consumer protection in Indonesia. Meanwhile, the importance of this research is that it will explain the development of the fintech industry in Indonesia, especially during the Pandemic, where the fintech industry experienced significant development so that this is an idea to provide a clear legal framework for the fintech industry. The research method used is normative juridical using library data and observations of fintech developments through library studies. Research findings show that so far fintech in Indonesia has used regulations contained in the POJK and PBI as the basis for implementing fintech, although it is felt that the regulations issued by POJK and PBI have not been able to provide maximum legal protection for the implementation of the fintech industry. so it is necessary to establish a law in order to provide legal protection for the development of the fintech industry now and in the future.

DEFAULT IN OF LEGAL AID COLLABORATION AGREEMENT BETWEEN ADVOCATES AND REGIONAL GOVERNMENTS OF CENTRAL BENGKULU REGENCY

This study aimed to determine and analyze the implementation of the cooperation contract between the Regional Government of Central Bengkulu Regency and advocates in the field of providing legal aid and to find out and analyze the settlement in the event of a dispute in the implementation of a cooperation contract between the Regional Government of Bengkulu Tengah Regency and an advocates in the field of providing legal aid. This research was an empirical research and the data analysis used was qualitative with deductive-inductive thinking method. The results showed that the cooperation contract between the Regional Government of Bengkulu Tengah Regency and advocates in the field of providing legal assistance was carried out through a written agreement. The legal basis for the cooperation contract was based on Article 9 letter a and b of Law Number 16 of 2011 concerning Legal Aid, specifically stipulated by the Decree of the Regent of Central Bengkulu Number 3 of 2013 concerning the Stipulation of Advocates/Lawyers in the Context of Resolving Legal Problems for Civil Servants/Apparatus in the Regional Government of Central Bengkulu Regency in 2013 and all costs in the implementation of the cooperation contract for the provision of legal assistance were borne by the Regional Government of Central Bengkulu Regency through Number DPA 1.20 (1.20.03) .20.09.5.2. Whereas the obstacles in implementing the cooperation contract between the Regional Government of Central Bengkulu Regency and advocates in the field of providing legal assistance included the payment of honorariums to lawyers who were often late or paid once every three months, as a result lawyers could not carry out their duties and functions properly. The settlement of these obstacles by both parties agreed to do non-litigation, which was negotiations, so that the cooperation agreement would not be broken.

Legal problems of functioning of the institute of honorary consul in Ukraine

Problem setting. The Institute of Honorary Consul is intended to carry out its activities in order to expand the relations between States in a variety of spheres, as well as to establish, strengthen and maintain ties in the cultural, economic, political spheres. In view of this, we consider the Institute of Honorable Consul an important link in shaping relations between states, because in the process of globalization, this institute becomes more and more popular. However, we cannot but note the existing number of problems associated with the abuse of the Institute of Honorary Consulations and Immunities, therefore this topic needs further research and definition of ways to avoid such violations by representatives of the Institute of Honorary Consulations in Ukraine. Analysis of recent researches and publications. Problems of consular law Explore a number of scientists whose work is the information foundation of this work. In particular, this works Matyash I.B., Sandrovsky K.K., Blushchenko I.P., Krivachikova Y.S., Gumenyuk B.I., Polonyuk N.V., Timchenko L.D. and other. Target of research is to analyze the legal status of the Honorary Consul, to determine the privileges and immunities of the Honorary Consul, to note the volume of privileges and immunities that abuse honorary consuls and provide recommendations to avoid such violations. Article’s main body. This article exposes legal frameworks of functioning of institute of the honoured consul in Ukraine. A historical division into periods of becoming of institute of the honoured consulate is in-process remembered in Ukraine from the moment of founding the Hetman state. Determination of concept is in-process given the honoured consular public servant(honoured consul) according to Viennese Convention “About the consular relations” of 1963 and Order of foreign of Ukraine Ministry “About claim of Statute about the honoured(nonpermanent) consular public servants of the foreign states in Ukraine and consular establishments that is headed such public servants”. Authors light up the process of engaging in the candidate of position of the honoured consul of the foreign state in Ukraine, that includes: idea of query about a consent to setting in Ukraine of the honoured consul of the foreign state, grant of certificate about his person to Ministry of external matters of Ukraine(farther MFA of Ukraine), report of MFA of Ukraine of the accreditor state about made decision by the message of verbal note, delivery of patent the accreditor state about assigning for position, acceptance of patent of MFA of Ukraine, confession of legal status, receipt of exequatur and certification for confirmation of status of the honoured consul. In the article certain requirements are to the candidate on employment of position of the honoured consul in Ukraine, and also his privilege and імунітети, to that belong: right on establishment of free diplomatic зносин; right freely to move and travel for territories of Ukraine; inviolability of consular archive of the honoured consulate is at terms certain Order of MFA of 2007; In the article marked, that privileges and імунітети it it is been the subject of international relations by considerably narrower, than public servants of consulate : they do not have immunity from an arrest and subpoenaing, however to the honoured consul must belong with corresponding respect. By authors the row of legal problems of functioning of institute of the honoured consulate was certain at Ukraine, to that it was taken: abuse of privileges and імунітетами in part of right on carrying on commercial activity next to consular, that it can be used for the receipt of illegal benefit; inviolability of apartments – gives an opportunity to grow into a shield from searches for all building; to practise upon a right on the use of car with diplomatic numbers; to use diplomatic mail and consular suitcase not on purpose Conclusions and prospects for the development. As a result of a significant distribution of the institute of honorary consuls and despite limited, but rather significant privileges and immunities, honorary consuls may successfully implement their business interests. Examples of possible illegal use of the benefits provided in accordance with the legislation are given above. Therefore, in our opinion, in our opinion, it is expedient to exercise control over the movement of these persons and their activities from the BOW of the rights and accomplishments through the use of modern technical methods – the use of GPRS navigation, etc. And in order to facilitate the load on law enforcement agencies to create a Council of Honorary Consulations under the Ministry of Foreign Affairs of Ukraine. And more clearly regulate the legal status of honorary consuls, since recently the tendency to expand the circle of their functional duties and powers. In particular, to provide a separation of business from consular activities to minimize cases of abuse of certificates by its privileges and immunity.

ON COLLECTIVE LABOR AGREEMENTS CONCLUDED FOR PERSONS PROVIDING WORK ON A BASIS DIFFERENT THAN THE EMPLOYMENT RELATIONSHIP

Based on Article 21 sec. 3 Act on Trade Unions, collective labor agreements may be concluded for persons performing paid work on a basis other than an employment relationship. This paper presents the legal problems associated with concluding collective agreements for non-employees. They relate in particular to the application of the Labor Code on collective agreements for employees.

Legal problems of the use of orphan works in digital age

The aim of this paper is to consider the mechanisms of legalization of use orphan works, based on a comparative analysis of the legal regulation in the United States, the EU and European countries; identify priority ways to reform and to develop proposals for improving copyright law in Ukraine. In the first section the concept of the orphan works and the circumstances which caused emergence of the orphan works are revealed. It has been established that the problem of orphan works mostly concerns works whose authors died and heirs cannot be found. In the second section the models of legalization of orphan works in the United States, Canada, the EU and European countries are analyzed and these interferences formed a proposal for Ukrainian legislation. In the third section the background of development of legislation of orphan works in Ukraine are studied. The neсessity to study the legal regulation of the United States, the EU and European countries in light of the recodification of the Civil law of Ukraine and seeking way of its renovation is substantiated. Developing effective mechanisms of using orphan works are stated to become relevant in the process of digitization of libraries’ collections and to have gained a new momentum in recent years. Its result has been provided open access to the works on the Internet.

Product Reviews by YouTubers: Education or Defamation?

One of the contents used by YouTubers to reach subscribers is by conducting product reviews. Based on their competencies, YouTubers convey an assessment of goods and services to the public and as a form of education to the public. This condition has the potential for legal problems if according to the producer or related parties that the results of the assessment by the YouTuber actually drop the goods or services being marketed. In this study, there are two problems discussed, namely, first; criminal policy of insult / and or defamation offenses in cyberspace, second; the principle of truth and public interest as the boundary between education or insulting and / or defamation. This research is a normative juridical method that examines the obscurity of norms regarding insult and / or defamation of product reviews submitted by YouTubers. The criminal policy for insult and / or defamation is regulated in Article 27 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions which must be linked to Articles 310 and 311 of the Criminal Code. Testing the principles of truth and public interest is very important to free YouTubers from criminal charges on charges of defamation / and or defamation

Legal Regulation Issues of Scientific Cooperation with Foreign Citizens and Foreign Organizations

The article offers a general overview of the legal regulation of scientific cooperation with foreign citizens and foreign organizations in the context of the main legal problems of interaction of Russian scientific bodies with interested foreign subjects. During the work method of analysis, system-structural, formal-legal methods and a method of interpreting the rules of law were used.