Ethics and

Professional
Responsibility
September 2020

Heru Susetyo, SH. LL.M. M.Si. Ph.D

Associate Professor Faculty of Law
Universitas Indonesia
 Course contract

1. Be a professional learner

2. Participate to the whole classes

3. 30 minutes (max) late rule

4. 75% attendance, at least

5. Video always ON, ask permission for specific condition

6. Mute your mic, unless if you wanna talk

7. Active and Proactive

01. 03.
OUR TEACHING METHOD OUR TEACHERS
Mixed between lectures and Heru Susetyo, PhD
class participation/ SAL Fully H Ridwan, SH MKN
Guest Lecturers

02. 04.
OUR ACADEMIC AREAS ASSESMENT
Ethics of legal professional Class participation/ discussion
Exam
Attendance
assignment
INTRODUCTION

Mercury is the closest planet to

the Sun and the smallest one in
the Solar System—it’s only a bit
larger than the Moon
 OUR TEACHING METHOD

MERCURY VENUS
Mercury is the closest Venus is the second
planet to the Sun planet from the Sun

SATURN NEPTUNE
Saturn is a gas giant and Neptune is the farthest
has several rings planet from the Sun
 “
CLASS PARTICIPATION : 15 %

ASSIGNMENT : 15 %

MID TERM EXAM : 30 %

FINAL TERM EXAM : 30%

ATTENDANCE : 10%

ASSESMENT
 COURSE PLAN
Ethics and
Lawyering Lawyering
introduction Legal
Ethics Ethics
Professional

Corruption
Public Public Civil
and Abuse
Notary Notary Servants
of Power

Mid Term Judges & Judges & Students

Test Prosecutor Prosecutor Presentation

Students
Final Exam
Presentation
WHY DO WE NEED
ETHICS?
 OUR VALUES :
nine UI core values

Kejujuran (Honesty),
Keadilan (Just and Fair),
Keterpercayaan (Trustworthiness),
Kemartabatan (Dignity),
Tanggung Jawab (Accountability),
Kebersamaan (Togetherness),
Keterbukaan (Transparency),
Kebebasan Akademik (Academic Freedom)
Kepatuhan pada Peraturan (Compliance to Laws).
Legal Profession Ethics and Professional Responsibility

● Credit : 2
● Status : Faculty of Law Mandatory Course (2013 Curricula)
● Prerequisites :
All FH mandatory courses except PLKH, Philosophy of Law, Law &
Human Rights
Legal Professions

● Public/ Government ● Judges/ Justices

● Private ● Public Prosecutors
● Civil Society ● Advocate
● Public Notary
● Legal Officers/ Corporate
Lawyers
● Etc.
● KPK set to bring Akil Mochtar
to court
● Disgraced former Constitutional Court (MK) chief justice Akil
Mochtar will soon stand trial, with Corruption Eradication
Commission (KPK) investigators saying on Wednesday they had
completed their investigation into his case.
Prosecutor Arrested
for Graft
http://www.thejakartapost.com/news/2013/12/16/prosecutor-arrested-graft.html
● Hard evidence: An investigator (left) along with Corruption Eradication
Commission (KPK) deputy chairman Bambang Widjojanto (right) and
spokesperson Johan Budi exhibit US$100 bills, which the KPK seized in a
raid in Praya, Central Lombok, West Nusa Tenggara, in Jakarta on Sunday.
The KPK arrested Praya’s chief prosecutor and a businesswoman in a hotel
room along with Rp 213 million worth of US dollar bills and rupiah in the
falsification of land certificate case in Praya. JP/Wendra Ajistyatama
● The Corruption Eradication Commission (KPK) has named M. Subri, the
chief of the Praya Prosecutor’s Office in West Nusa Tenggara, and a
businesswoman, identified as Lusita Ani Razak, suspects in a bribery case
centering on a land certificate forgery case.
● This course studies scope and areas of responsibility of legal
profession as well as rules applied to legal practitioners. In addition,
the rules that govern the legal professionals in carrying out their
duties, namely Legal Ethics and Code of Conduct, will also be
discussed.
● Professional Responsibility
● Ethics
● Legal Profession
● Rules
● Codes of conduct
● A code of conduct is intended to be a central guide and reference for
users in support of day-to-day decision making. It is meant to clarify
an organization's mission, values and principles, linking them with
standards of professional conduct. As a reference, it can be used to
locate relevant documents, services and other resources related to
ethics within the organization.
● http://www.ethics.org/resource/why-have-code-conduct
● Code of Conduct
Can refer to a listing of required behaviors, the violation of which
would result in disciplinary action. In practice, used interchangeably
with Code of Ethics.
COMMON CODE OF ETHICS PROVISION
● Employment Practices
● Workplace Harassment
● Equal Opportunity
● Diversity
● Fair Treatment of Staff
● Work-Family Balance
● Discrimination
● Illegal Drugs and Alcohol
● Use of Organization Property
● Employee, Client and Vendor
Information
● Maintaining Records and Information
● Privacy and Confidentiality
● Disclosure of Information
● Public Information/Communications
● Advertising and Marketing
● Development and Fundraising
● Clarity of Information
● Access to Information
● Transparency of Information
● Conflicts of Interest
● Gifts and Gratuities
● Political Activity
● Outside Employment
● Family Members
● Relationships with vendors
● Procurement
● Negotiating Contracts
● Environmental Issues
● Commitment to the Environment
● Employee Health and Safety

● Ethical Management Practices

● Accuracy of books and records and expense reports
● Proper use of organizational assets
● Protecting proprietary information

● Employment Practices
● Proper Exercise of Authority
● Employee Volunteer Activities

● Conflicts of Interest
● Disclosure of Financial Interests

● Political Involvement
● Political Activities
● Relationships with vendors
● Procurement
● Negotiating Contracts
● Environmental Issues
● Commitment to the Environment
● Employee Health and Safety
● Ethical Management Practices
● Accuracy of books and records and expense reports
● Proper use of organizational assets
● Protecting proprietary information
● Employment Practices
● Proper Exercise of Authority
● Employee Volunteer Activities
● Conflicts of Interest
● Disclosure of Financial Interests
● Political Involvement
● Political Activities
EXAMPLE : Academic Integrity Rules Northwestern
University
● Eight Cardinal Rules of Academic Integrity
● Know Your Rights. Do not let other students in your class diminish the value of your achievement by taking unfair
advantage. Report any academic dishonesty you see.
● Acknowledge Your Sources. Whenever you use words or ideas that are not your own when writing a paper, use
quotation marks where appropriate and cite your source in a footnote, and back it up at the end with a list of sources
consulted.
● Protect Your Work. In examinations, do not allow your neighbors to see what you have written; you are the only
one who should receive credit for what you know.
● Avoid Suspicion. Do not put yourself in a position where you can be suspected of having copied another person's
work, or of having used unauthorized notes in an examination. Even the appearance of dishonesty may undermine
your instructor's confidence in your work.
● Do your own work. The purpose of assignments is to develop your skills and measure your progress. Letting
someone else do your work defeats the purpose of your education, and may lead to serious charges against you.
● Never falsify a record or permit another person to do so. Academic records are regularly audited and students
whose grades have been altered put their entire transcript at risk.
● Never fabricate data, citations, or experimental results. Many professional careers have ended in disgrace, even
years after the fabrication first took place.
● Always tell the truth when discussing your work with your instructor. Any attempt to deceive may destroy the
relation of teacher and student.
NORTHWESTERN UNIVERSITY
● A. Basic Standards of Academic Integrity
● Plagiarism: submitting material that in part or whole is not entirely one's own work without attributing those same portions to
their correct source.
● Fabrication: falsifying or inventing any information, data or citation; presenting data that were not gathered in accordance
with standard guidelines defining the appropriate methods for collecting or generating data and failing to include an accurate
account of the method by which the data were gathered or collected.
● Obtaining an Unfair Advantage: (a) stealing, reproducing, circulating or otherwise gaining access to examination materials
prior to the time authorized by the instructor; (b) stealing, destroying, defacing or concealing library materials with the
purpose of depriving others of their use; (c) unauthorized collaborating on an academic assignment (d) retaining, possessing,
using or circulating previously given examination materials, where those materials clearly indicate that they are to be
returned to the instructor at the conclusion of the examination; (e) intentionally obstructing or interfering with another
student's academic work or (f) otherwise undertaking activity with the purpose of creating or obtaining an unfair academic
advantage over other students' academic work.
● Aiding and Abetting Academic Dishonesty: (a) providing material, information, or other assistance to another person with
knowledge that such aid could be used in any of the violations stated above, or (b) providing false information in connection
with any inquiry regarding academic integrity.
● Falsification of Records and Official Documents: altering documents affecting academic records; forging signatures of
authorization or falsifying information on an official academic document, grade report, letter of permission, petition, drop/add
form, ID card, or any other official University document.
● Unauthorized Access to computerized academic or administrative records or systems: viewing or altering computer
records, modifying computer programs or systems, releasing or dispensing information gained via unauthorized access, or
interfering with the use or availability of computer systems or information.
The Case of Anggito Abimanyu
● Kasus plagiarisme, Anggito Abimanyu mundur
● dari UGM
● Merdeka.com –
● Anggito Abimanyu akhirnya menyatakan mundur sebagai dosen Fakultas
Ekonomi dan Bisnis Universitas Gadjah Mada (UGM). Pengunduran diri ini
terkait dengan plagiarisme pada tulisannya 'Gagasan Asuransi Bencana' di
kolom Opini Kompas edisi 10 Januari 2014.

"Demi mempertahankan kredibilitas UGM sebagai universitas dengan komitmen

pada nilai-nilai kejujuran, integritas dan tanggung jawab akademik, saya,
Anggito Abimanyu , telah menyampaikan permohonan pengunduran diri
sebagai dosen UGM kepada Rektor UGM," kata Anggito dalam pernyataan
persnya di Kampus UGM, Yogyakarta, Senin (17/2)
Lord Macmilan on Advocate Responsibility

● “In the discharge of his office the advocate has a

duty to his client, a duty to his opponent, a duty
to the court, a duty to himself and a duty to the
state (the art of the advocate by Richard du
Cann)”

(taken from Todung Mulya Lubis Presentation)

Pledge of Advocate/ Lawyer in the US

● I will not wittingly promote or sue any false groundless of unlawful

suit nor give aid and I consent to the same…”

● I will delay no man for lucre or malice, but I will conduct myself in
the office of an attorney within the court according to the best of my
knowledge and discretion, and with all good fidelity as well to the
courts as my client. So help me God…”
Sources of Code of Conduct/ Ethical Coce

Customary
Practice Religion/Belief
laws

Agreements/
State Laws
Convention
Legal Force of an Ethical Code
● How strong?
● Soft Law or Hard Law?
● Administrative sanction/ punishment or penal punishment?
What is law?
T.O. Ihromi: Law as the aspects of culture, has two
functions
First, Pedoman Bertingkah laku  set the rules for the
society how to behave.
Second, the mechanism of social control.  law
should be sosialized and internalized so the
norms become as a part of the personality and
behavior of community members. Internalization
process is not always smooth, there is also a
denial of the norm .
What is law?(2)
The denial / violation of norms  will be
rewarded with a soft reproval or moral sanction. If
the violation get heavier, the authorities in the
society will give hard penalties / sanctions for the
perpetrator (e.g. fine, physical punishment).

Sanctions: positive (rewards), negative

(punishment)
What is law? (3)
Sulistyowati Irianto: living anthropological documents. This means
that law are not only state law, but also "laws" that live in the
community, namely: the values, norms, institutions, rules relating to
religion, customs and habits, and contracts. Law must be placed in
reality context.
What is law?(4)
Pospisil, there are four attributes of law:
● authority,
● universality,
● obligatio (not obligation!),
● sanction.
What is law (7)

Maria Farida Indrati:

● The rule of law is heteronomous because
it comes from outside of us;
● Legal norms are always connected with
penal sanctions or physically sanctions;
● Penal sanctions in the norm of law
implemented by the state;
The Legal Profession

To serve the public

interest of justice

Driven by common
good
Legal Profession Privileges

Right to engage in self-

regulation

The exclusive right to

perform particular functions

Special status
Ethics

Ethics of a
Profession Your own
ethics
Ethical Framework of the legal profession (Clara Payne)

Laws

Economic
Society
trends and
expectations
world events

Indices and Government

surveys structures

Competitor
Clients
and peers