PAPER ON ENFORCEMENT OF THE LEGAL PROFESSIONAL CODE OF ETHICS

This assignment is prepared to fulfill the value of the Ethics and Professional Responsibility Course

Arranged by :

Instructing Lecturer: Dr. Erwin Owan Hermansyah, SH, MH

BHAYANGKARA UNIVERSITY JAKARTA 2024/2025 ACADEMIC YEAR

Jl. Raya Perjuangan North Bekasi, Bekasi City, West Java 17121,
IndonesiaTel. +62 21 88955882 Fax. +62 21 88955871E-mail
:info@ubharajaya.ac.id
 FOREWORD

Thank God, we pray to the presence of God Almighty, because He has bestowed His grace in
the form of opportunities and knowledge so that the Paper on Ethics and Professional
Responsibility entitled "Paper on Enforcement of the Code of Ethics for the Legal Profession" can
be completed on time.

We hope that this paper can add to the knowledge of readers. However, apart from that, we
understand that this paper is still far from perfect, so we really hope for constructive criticism and
suggestions in order to create an even better next paper.

Compiler

Group 3

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 LIST OF CONTENTS

FOREWORD ................................................ ................................................................ ............i

LIST OF CONTENTS ................................................ ................................................................ ...............
CHAPTER I INTRODUCTION 1
1.1 BACKGROUND 1
1.2. FORMULATION OF THE PROBLEM 2
1.3. RESEARCH PURPOSES 2
CHAPTER II DISCUSSION 3
2.1 ENFORCEMENT OF THE CODE OF ETHICS .......................................... ....................................
2.2. CAUSES OF VIOLATIONS OF THE CODE OF ETHICS 6
2.3. PURPOSE OF PROVIDING ETHICAL SANCTIONS 9
2.4. SANCTIONS FOR ETHICAL VIOLATIONS .................................................. ............................10
2.5 INSTITUTION OF ETHICAL ENFORCEMENT 11
2.6 CHARACTERISTICS AND EVIDENCE SYSTEM IN ETHICS TRIALS 17
CHAPTER III CLOSING 20
3.1. CONCLUSION 20
3.2. SUGGESTION 21
BIBLIOGRAPHY ................................................ ................................................................ ............22

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 PIG

INTRODUCTION

1.1 BACKGROUND
Ethical values do not only belong to one or two people, or a group of people but belong
to every group of society, even the smallest group, namely the family to a nation. With
these professional ethical values, a group is expected to have values to regulate life
together. Ethics is a concept about whether a person's temperament or behavior is good
or bad.

Ethics are ideas, ideals about the ideals of good human actions or behavior. Ethics
always provides good examples, while morals always provide an assessment of the
implementation of the examples provided by ethics. Therefore, an ethical person is a
person who sets an example of exemplary behavior, while a moral person is a person
who acts exemplary.

One aspect that is highlighted by ethics and morals regarding a person's behavior is in
the field of work of expertise called a profession. Because the profession is a job about
theoretical and technical expertise, which relies on honesty, so that the dependence and
expectations of people who need help are very large in order to implement the system of
justice, so that the bearers of a profession are required to have certain prerequisites in
carrying out and carrying out the duties and functions of their profession, so that they are
correct. -really works professionally in his field. This professional group is often the
center of attention because it has values that are stated in writing (namely a
professional code of ethics).

The public spotlight becomes increasingly sharp when the behavior of some members of
the profession is not based on mutually agreed upon social values (contained in the
professional code of ethics). The professions involved in the legal sector include judges,
prosecutors, police, advocates, notaries and various elements of agencies that are given
authority based on law. Legal professional workers are general officials in their
respective fields. Therefore, the main task of the profession is to provide public services
to the community without discrimination based on applicable legal provisions.

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1.2. PROBLEM FORMULATION
1. What is the role of ethics in
the profession?2. What is the
professional code of ethics?
3. What is the role of legal professional ethics?

1.3. RESEARCH OBJECTIVES 1.

The purpose of the role of ethics in
the profession?
2. The purpose of a professional code of ethics?
3. What is the purpose of the ethical role of the legal profession in accordance with good law enforce

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 CHAPTER II

DISCUSSION

2.1. ENFORCEMENT OF THE CODE OF ETHICS

K. Bertens, as quoted by Abdulkadir Muhammad, stated that a professional code of

ethics is a norm established and accepted by a professional group, which directs or gives
instructions to its members regarding how they should act, and at the same time
guarantees the moral quality of the profession in the eyes of society. If a member of a
professional group deviates or violates its code of ethics, then that professional group will
be polluted in the eyes of society. A professional code of ethics is a product of applied
ethics because it is produced based on the application of ethical thinking in a profession.
A professional code of ethics is a formulation of moral norms for humans who carry out
that profession, and is a benchmark for the actions of members of a professional group.
A professional code of ethics is an effort to prevent disgraceful (unethical) actions from
its members. Every professional code of ethics is always written, arranged in an orderly,
neat, complete, flawless manner, in good language, so that it attracts the attention of and
pleases the reader. Everything stated in it is good behavior. According to E. Sumaryono,
there are three reasons why codes are written in writing, namely:

1. As a means of social control

2. To prevent interference from other parties
3. As an effort to avoid misunderstandings and internal conflicts.

A professional code of ethics is a set of professional principle criteria that have been
outlined, so that the professional obligations of existing members, new members or
prospective members of a professional group (organization) can be known with certainty.
In this way, the possibility of conflicts of interest between fellow members of a
professional group, or between members of a professional group and the public, can be
prevented.
Enforcement of the code of ethics is an effort to implement the code of ethics as it
should, monitor its implementation so that no violations occur, and if a violation occurs,
restore the violated code of ethics so that the Ethics and Responsibilities of the Legal
Profession are re-enforced.

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According to Supriadi, there are 5 (five) problems faced as quite serious challenges for
the legal profession, namely:

1. Quality of legal professional knowledge.

A legal professional must have reliable legal knowledge, as a determinant of
the quality of professional legal services to the community.

2. Professional abuse occurs.

Competition between individual legal professionals and a lack of self-discipline
are the triggers for this abuse. In the world of the legal profession, we can see
two things that often contradict each other, namely, on the one hand, ethical
ideals that are too high, while on the other hand, legal practice is far below
these ideals.

3. The tendency for the legal profession to become a business activity.

The presence of the legal profession aims to provide services or provide legal
assistance to the community. However, in reality in Indonesia, the legal
profession can be differentiated between the legal profession which operates
in the field of business services and the legal profession in the field of public
services. ð· The legal profession which operates in the field of public services,
namely, carrying out work based on the public interest, either with payment or
without payment. , notary, legal aid organizations ð· Legal professions that
operate in the business sector, namely carrying out work based on business
(commercial) relationships, the compensation received has been determined
according to business standards.

Example: Consultants who handle trade contracts, patents,

trademarks.

4. Decreased social awareness and concern.

Community interests take precedence or precedence over personal interests,
service takes precedence over payment, moral values are emphasized over
economic values. However, the symptoms that can be observed now are
different from those that should be carried out by legal professionals. These
symptoms indicate that confidence in the authority of the law is starting to
fade.

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 5. Continuity of outdated systems.
Legal professionals are part of the justice system whose role is to help
disseminate a system that is considered outdated because it contains many
law enforcement provisions that are no longer appropriate. Current
technological advances are less than balanced by the acceleration of legal
progress that can counteract these technological advances, resulting in laws
that are always out of date.

The various chronic problems faced by legal professionals should be overcome by

implementing ethical behavior. Moreover, in reality, ethics reaches something broader
than the rule of law, it limits evil desires or actions that are not in accordance with
conscience. Bagir Manan1 stated that the urgency of a code of ethics functions as a rule
for maintaining, enforcing and maintaining professional discipline through several
elements, namely as follows:

1) Maintain and ensure that professional actions or negligence do not occur 2) Maintain
and maintain the integrity of the profession 3) Maintain and maintain discipline In
legislation it is not only concerned with enforcement procedures but also regarding some
of the ethical material itself, at least the principles of general values and abstract. The
material for the code of ethics is still formulated jointly by the subjects who bind
themselves to comply with the code of ethics, but some of the material and procedures
come from legal material or official statutory regulations, so that the ethical norm system
is supported by the legal norm system. Sanctionary norm systems can also be imposed
from outside one's own awareness, namely by independent and authoritative
enforcement institutions.

The legal norm system was not initially written officially and enforced by state power,
until the need arose to have it written down and enforced officially by state power in the
form of legislation. This same experience is also being experienced by the ethical norm
system. Initially, ethical norms were understood as a system of norms that live in social
interactions without the need for clarification

1 Bagir Manan, "Being a Good Judge", in a paper at the Lecture for Candidates

Hakim, Malang, 7
December 2006, p. 13

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officially in written form. However, over time the need arose to write it down in the form of
a code of ethics and code of behavior, and even starting at the end of the 20th century,
the need arose again to form an institutional infrastructure that functioned as an enforcer
of the code of ethics and code of behavior, as well as an institution providing sanctions
for violations of it.

Normatively, the law recognizes and protects the autonomy of the existence of certain
professions in accordance with professional ethics and its code of ethics. Recognition of
professional autonomy has been formulated explicitly in various laws. Professional
autonomy is characterized by the development of a legal profession that has and
exercises professional authority that is based on superior technical competence. The
ethical sanction system in life with society is seen as more concrete when compared to
the religious sanction system. Direct ethical sanctions can be formed in the perception of
society in living together, in the form of praise, blame, insults, boycotts, and so on. The
determination of ethical sanctions is of course formulated gradually, in stages or levels,
according to the violation of the ethical action committed.

The type of human action that is considered the worst, for example in imposing the death
penalty on someone. However, it is important to understand that ethical sanctions do not
involve the death penalty, but people who are sentenced to the death penalty by the legal
system can also be assessed from the ethical system as people with the worst ethical
behavior.
Therefore, it is true to say that violations of the law are definitely also violations of ethics,
but it must be understood that not all violations of ethics are also violations of the law.
The main objective of the code of ethics and its sanctions is so that a legal professional
can carry out his "officium nobile" profession well and responsibly, as well as to maintain
and improve the professionalism of people in the legal profession. The sanctions given
are not in the form of corporate sanctions or fines but rather administrative sanctions such
as temporary dismissal or permanent dismissal of a person as a member of the legal
profession.

2.2. CAUSES OF VIOLATIONS OF THE CODE OF ETHICS

The expression of Chief Justice of the United States Supreme Court Farl Warren
(1953-1969) who once said, "In civilized life, law floats in a sea of ethics" (In civilized
life, law floats on an ocean of ethics) shows that the position of ethics in social life is
higher than law. formal. To maintain this ethics, laws emerged

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formal. However, of course it needs to be understood that it is impossible for all ethics to
be realized in formal law, even though in fact all formal law originates from ethics.

Because there is no binding punishment, many parties choose to violate ethics rather
than formal law. Moreover, in fact, more people are more embarrassed about violating
formal laws than ethics. Ethical violations are considered ordinary violations or common
violations, many even consider ethical violations as normal habits, on the contrary, formal
legal violations are considered extraordinary violations or outstanding violations.

Considering that law is derived from ethics, it can be ascertained that all violations of law
are violations of ethics. On the other hand, because not all categories of correct behavior
can be formulated in terms of objective behavioral elements, not all ethical violations are
legal violations. Ethics looks more at the motive of prudence and obedience which should
be a consideration in the choice of action, especially for legal professionals and public
officials.

The existence of law does not eliminate the function of ethics as a guide to behavior and
an instrument of social control. In fact, in its development, ethics is increasingly needed
to facilitate legal work, namely to prevent and provide early detection of potential legal
violations.

Ethics as a value that a person or group adheres to in regulating behavior in the life of
that group, of course cannot be separated from unethical actions. The intended unethical
action is an action that violates the ethics that apply in the professional environment.
Abdul Kadir Muhammad2 explained the reason the code of ethics was ignored, because:

1) Influence of Family Characteristics

One of the characteristics of family is giving equal treatment and respect to family
members and this is seen as fair. Treatment of non-family people is different. This
situation affects the behavior of legal professionals who are bound by a
professional code of ethics, which should provide equal treatment to clients.

2) Position Influence

2 Abdul Kadir Muhammad, loc. cit, p. 82-84

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 One of the characteristics of a position is that subordinates respect and obey their
superiors and/or seniors. If, for example, the case being examined by the judge
turns out to be related to an official who is his own superior. In this case, on the
one hand, the judge tends to respect his superiors and is willing to defend his
superiors because if not, it may be difficult for the judge to be promoted or will be
transferred. Judges should act fairly and impartially, but in fact side with their
superiors. Once again, professional code of ethics is ignored by professionals.
Position issues should be separated from professional issues and this is fair.

3) The influence of consumerism. Professionals try to obtain greater income

through shortcuts or professional breakthroughs, namely by seeking
compensation for services from those they serve.

4) Due to Weak Faith. One of the requirements for being a professional is to be

devoted to God Almighty, namely carrying out His commands and avoiding His
prohibitions. This devotion is the basis of human morals. If humans strengthen
their faith with piety, then moral values will be embedded within them which act
as a brake on doing bad things. The reasons why the code of ethics is ignored,
according to M. Cahyo Kriswantoro3, the code of ethics is ignored because:

1) The influence of law enforcement in Indonesia is still weak, causing perpetrators of

violations of the professional code of ethics to not feel worried about committing
violations.
2) Community control and supervision is not in place.
3) Professional organizations are not equipped with facilities and mechanisms for the
public to submit complaints.

4) Low public knowledge regarding the substance of the professional code of ethics,
due to poor socialization services from the profession itself.

5) There has not been a culture of awareness among professional bearers to

maintain the noble dignity of their profession

3 M. M, Cahyo Kriswantoro, "Professional Ethics as a Stronghold of Crime in Technology

Information”, via http://cahyo-ne.blogspot.com/2016/03/etika-profesi-as-benteng-kejahatan.html?m=0

accessed March 26 2019.

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Azyumardi Azra4 believes that currently there are 5 (five) factors that cause
ethical violations in society. These five factors are, First, personal split (split
personality). Second, there is encouragement from a materialistic and hedonistic
lifestyle which makes public officials tempted to commit integrity violations. Third,
weak respect for the legal order. Fourth, weak law enforcement by law enforcers.
Fifth, there is widespread permisvism from society towards violations of ethical,
cultural and religious norms committed by public officials. 2.3. PURPOSE OF
PROVIDING ETHICAL SANCTIONS

The American Speech-language Hearing Association's Board of Ethics in Anna

Rozaliyani, et al., 5 formulates that in general, giving sanctions has 4 (four) main
objectives, namely:

1. As punishment for people who commit violations.

Violation of a rule certainly has certain consequences. The form and severity of
punishment must be adjusted to the severity of the violation that occurred and the
resulting impact.

2. As a means of education and rehabilitation.

In order to provide benefits in the future, it is necessary to provide feedback to the
party who committed the violation so that the perpetrator understands exactly the
mistake he made and knows how to avoid repeating the violation.

3. To protect the public

Sanctions need to be carried out to protect the community against the negative
impacts of violating the rules.

4. As a role model for other members in the same and related group
the same rules.

4 Azyumardi Azra, “There are 5 factors that cause ethical violations, via

http://indonews.id/article/11918/Ada-5-Factor-Penyebab-Pelanggaran-Etika/ accessed March 9 2019.

5 Anna Rozaliyani, et al, Principles for Determining Sanctions for Violations of Medical Ethics, in

Indonesian Journal of Medical Ethics Vol 2 No. 1 Mar 2018, p 20.

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 Providing sanctions for violators is expected to prevent repeat violations by other
members of the group, as well as remind them of norms or regulations that must
not be violated.

2.4. SANCTIONS FOR ETHICAL VIOLATIONS

There are 2 (two) laws to prosecute violations of the code of ethics, namely primary law
and secondary law. Primary law is positive law. namely statutory regulations relating to
public services, while secondary law includes literature in the field of administrative law
and other fields related to the subject matter. In general, sanctions given to ethical
violators can be in the form of:

1. Social Sanctions: these sanctions are given by the community itself, without involving
the authorities. Violations that are subject to social sanctions are usually minor crimes
or forgivable offenses.

2. Legal Sanctions: these sanctions are given by the authorities. Violations committed
are classified as serious violations and must be punished with criminal penalties or civil
liability.

Ethical sanctions can be actualized institutionally in the form of warnings, warnings, or in

relation to membership status in an institutional organization. This negative attitude can
also be reflected in the form of sanctions, termination of membership, or expulsion from
the organization, either permanently or temporarily (suspension) or (non-hammer for
judges).

Jimly Asshiddiqie6, American Speech Language Hearing Association (ASHA)

stated that in the ethical sanctions system the forms of sanctions that can be
applied are:
1. Reprimand or reprimand;
2. Cencure or statement or motion of no confidence which is stated openly and
published in the association's media to be known by fellow members and the wider
community;

3. Revocation or revocation of membership status for a certain period, namely for 5

(five) years or it can also be imposed for life (until death);

6 Jimly Asshiddiqie, op. cit, 78-79

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 4. Suspension or temporary suspension of membership, 5. Withholding
or suspension of the membership registration process; and6. Cease and
desist orders or in addition to other forms of sanctions.

According to Taufiqurrohman Syahuri7, specifically for judges who are proven to have
committed serious violations of the code of ethics, they are sanctioned with dishonorable
dismissal by the Judicial Commission Ethics Session and are dismissed through the
mechanism of the Honorary Council of Judges (MKH). MKH is a self-defense forum for
judges who, based on the results of the examination, are found to have violated the
provisions as stipulated in the statutory regulations, and are proposed to be given heavy
sanctions in the form of dismissal. Then the MKH conveyed the imposition of sanctions
to the Supreme Court for implementation.

Susi Dwi Harijantis8 said that the Honorary Council is one of the instruments formed by
the Constitutional Court to maintain and uphold the honor, dignity and Code of Ethics of
Constitutional Judges. The formation of this Honorary Council is carried out if there is a
report regarding alleged serious violations committed by the Reported Judge or
Suspected Judge which is submitted by the Ethics Council.

Therefore, the formation of this Council was carried out at the suggestion of the Ethics
Council. Looking at this provision, it can be ascertained that the Honorary Council is ad
hoc. The Honorary Council has 5 (five) members, consisting of Constitutional Judges,
members of the Judicial Commission, former Constitutional Judges, Professors in the
field of Law, as well as community figures, one person each.

2.5 INSTITUTION OF ETHICAL ENFORCEMENT

A professional code of ethics is a norm established and accepted by a group of
professions that directs or provides guidance to its members. Guidance norms to create
and at the same time guarantee the quality of the profession in the eyes of the public.

7 Taufiqurrohman Syahuri, 2015. Enforcement of Judge Ethics by the Judicial

Commission, in
Initiating Ethical Justice in Indonesia, Jakarta: Judicial Commission, him, 231-232.
8 Susi Dwi Harijanti, 2015 Regulation and Resolution of Ethical Violations in the Period
Reform, in Initiating Ethical Justice in Indonesia, Jakarta: Judicial Commission, pages 199-200.

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Roberth D. Kohn in E. Sumaryono9 states that there are 5 (five) stages in
developing the objectives of a code of ethics, namely as follows.

1. The organization's code of ethics is intended to protect its members from facing
unfair competition and developing their profession in accordance with their ideals.

2. Relationships between members of a profession are something that is considered

the most important, good manners are maintained between members of one
profession and another in the same profession.

3. With a code of ethics, all members are in a strong bond. This is intended to prevent
interference from "outsiders" or to protect the profession against the application of
laws that are felt to be unfair.

4. Must have adequate educational qualifications and known origin

the school where he received his professional education.
5. Considering the importance of the relationship between a profession and
services that are needed by the general public.

The urgency of a professional code of ethics is very important for professional

organizations, because without a code of ethics it can have an impact on: 1.
Professional abuse occurs.

2. The possibility of ignoring the responsibilities of their profession because they do not exist
guidelines in an organization, 3. Enables each individual to prioritize his
personal interests,

4. If there is no professional code of ethics, a person can give a bad image

from his profession to society.

The professional code of ethics does not have harsh coercive measures like positive law
at statutory level, which is a weakness of the professional code of ethics for
professionals who are weak in faith. To overcome this weakness, an alternative effort
that can be taken is to make strong coercive efforts in the form of protest ethics.

9 E. Sumaryono, 2012. Legal Profession Ethics, Yogyakarta: Kanisius, p. 37.

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This alternative can be achieved in 2 (two) ways. According to Abdul Kadir
Muhammad10 these two efforts can be carried out in the following ways:

1) Subjection Clause to the Law.

Every law clearly states the sanctions that are threatened against violators.

2) Legalization of the Professional Code of Ethics.

A professional code of ethics is a kind of collective agreement between all
members that they promise to comply with the code of ethics that has been made
together.
According to Muladi in Kristiyadi11, considering the existence of a code of ethics that
does not have sanctions and is coercive, its implementation is only based on moral
awareness and requires efforts to overcome crime in a professional environment. The
methods are:

a) Non-Penal Means Approach Other efforts that can be taken to increase efforts to
enforce norms are as follows.

a) Each professional organization must re-evaluate its disciplinary regulations in order

to ensure the protection of the interests of society and the profession. The norms
must be clear and socialized.

b) Professional standards need to be clearly formulated.

c) Within certain limits, disciplinary law enforcement also needs to be carried out by
the government.

d) Every professional organization needs to strengthen its funds and staff for
investigative purposes if deviant acts occur.

e) Simplification of procedures in disciplinary justice. Obstacles include sanctions that

cannot be implemented quickly, multiple memberships in various professional
organizations and the pursuit of an excessive professional reputation.

f) The need for increased education and educational professional ethics courses as
well as increased professional clinical education.

10 Abdul Kadir Muhammad, op. cit, p. 86.

11 Kristiyadi, "Efforts to Prevent Crime in a Professional Environment," via

https://eprints.uns.ac.id/821/ Efforts to Prevent Crime in the Professional Environment.pdf

accessed March 10 2019.

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 g) There is a need for internal and multidisciplinary studies of professional law.
h) There is a need for quality standardization for institutions that educate professional
candidates.

i) Utilize social sanctions (boycotts), organizational sanctions (dismissal, members of

professional associations) and administrative sanctions (revocation of practice
permits).
j) If positive law allows, corporations involved in or benefiting from professional crime
must also be held accountable under criminal law.

b) Penal Means Approach

The steps that should be taken are:
a) Professional disciplinary judicial decisions should be utilized.
b) To assess the existence of duty, breach of duty, cousation and damage, expert
sanctions should be used (expert testimony).

c) In sentencing, the neo-classical model should be used.

d) Professional element as a reason for criminal aggravation (see Draft Criminal
Code Concept).

e) Access to justice from crime victims should receive the best possible attention.

f) Considering that the definition of professional crime losses is very broad, it is

necessary to regulate (criminalization) so that those who obstruct the justice
process regarding professional crimes can be punished.

According to Muladi and Barda Nawawi12 firm action using penal means is quite
reasonable, considering that everything does not conflict with the code of ethics for the
use of criminal law as follows.

1. Don't use criminal law emotionally to commit crimes

just revenge.
2. Criminal law should not be used to punish acts that are not
clear to the victim or the loss.

12 Muladi and Badra Nawawi, 1992. Criminal Anthology. Bandung: Alumni, him. 74.

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 3. Criminal law should not be used to achieve a goal that can basically be achieved
by other means that are equally effective with less suffering or loss.

4. Do not use criminal law if the losses caused by criminal punishment are greater
than the losses caused by the criminal act to be formulated.

5. Criminal law should not be used if the by-products produced are excessive
detrimental compared to the acts that would be criminalized.
6. Do not use criminal law, if it is not compared by society
strongly.
7. Do not use criminal law, if its use is thought to be impossible
effective.
8. Criminal law must be uniform and universalistic.
9. Criminal law must be rational.
10. Criminal law must maintain harmony between order legitimacy and competence.
11. Criminal law must maintain harmony between social defense, procedural and fairness
and substantive justice.
12. Criminal law must maintain harmony between communal moralists and moralists
institutionalist and civic moralist.
13. The use of criminal law must pay attention to victims of crime.
14. In certain cases criminal law must take special account of scale
priority of regulatory interests.
15. The use of criminal law as a means of repression must be utilized wisely
simultaneously with non-penal means of prevention.
16. The use of criminal law should also be directed at reducing factors
criminogen which is the main force of criminal acts.

Janedjri M. Gaffar13 stated that it is necessary to apply functional ethics, namely

positivized or codified systematic ethics because ethical norms also function in order to
uphold the noble values of justice. Janediri M. Gaffar requires at least 4 (four) forms of
institutional enforcement of ethics that are needed.

13 Janediri M Gaffar, "Ethics and Law," via http://koran-sindo.com/page/news/2016-01-

04/1/1/ Ethics and Law accessed March 9 2019.

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 ð· First, although ethics is abstract and subjective in the form of categories of behavior
that are considered correct, currently ethical norms are needed in the form of codes
of behavior that enable it to become a reference for actors and ethics enforcement
institutions.

ð· Second, the abstract and subjective nature of ethics and codes of conduct plays a
large role in anyone who serves as a member of an ethics enforcement agency.

ð· Third, in order to choose a figure who truly has high ethical legitimacy and is not
easily intervened, an ethics enforcement agency must be established from the start
before an alleged ethical violation occurs. This means that this institution is
permanent.
ð· Fourth, the existence of an ethics enforcement agency will only be effective if its
decisions are obeyed. Therefore, the decision of the ethics enforcement agency must
be final and binding. Yovita Arie Mangesti14 principles for creating a professional
code of ethics within the framework of Indonesian values are as follows.

(1)Professional Responsibilities. Professional duties must be carried out on a moral

basis. This moral is built on the basis of religious values. An Indonesian
professional appreciates divine values in everyday life. These divine values
are lived, both ontologically, cosmologically, teleologically and psychologically.

(2)Public interest. Every profession must prioritize the public interest or general
interests it serves. This is based on the nature of Indonesian people who are
humanitarian, united and just.

(3)Integrity. Integrity requires a professional to be honest both with himself and the
public and not to hijack the secrets of clients, institutions or other things that can
solely benefit himself.

(4)Autonomy and objectivity. Every profession carries out its duties freely without the
influence of domination by other parties which might mislead them into cheating
and subjectivity in carrying out their work responsibilities.

(5)Caution. The duties carried out by a professional are always accompanied by the
responsibility to protect oneself, the integrity of professional associations, and the
integrity of society from the dynamics of such complex conflicts of interest. The
principle of prudence is the implementation of human values, justice and

14 Yovita Arie Mangesti, "Construction of a Professional Code of Ethics within the Frame of Indonesian Values."

in Vocatio, Surabaya: Akademi Sekretari Widya Mandala Surabaya (Akse WMS), 2017, p.
17-18.

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 unity. The precautionary aspect is built by aligning the positions of the profession
and the client (or patient) so that justice is created.

(6)Members of professional associations are obliged to respect the confidentiality of

information about clients or employers, except for the benefit of the courts.

(7)Technical standards. Every profession must maintain the superior dignity of its
profession by behaving consistently and maintaining the reputation of the
profession.
(8)Sanctions for ethical violations do not necessarily make a person a convict.
Include sanctions. not about threats of punishment, but by including the substance
that is an obligation that must be fulfilled by every member of the profession.

2.6 CHARACTERISTICS AND PROOF SYSTEM OF ETHICS TRIALS Luhut M.P

Pangaribuan15 emphasizes that code of ethics trials are clearly not the same as courts
that resolve conflicts as mentioned above, because ethics and law themselves are two
different things. Ethics is a collection of principles or values relating to morals that
require a profession not only to be right but also to be responsible. Meanwhile, law is
structured as a system created based on norms to resolve conflicts and uphold public
order.

According to Nur Qamariah Novita16, there are several evidentiary systems

known in the doctrine of criminal procedural law, namely as follows.

a) The judge's theory of evidence is tied to evidence based on the law

(positiefwettelijk bewijstheorie), the judge has considered an act in accordance with
the evidence specified in the law without the need for the judge's belief.

b) The theory of evidence is based solely on the judge's belief (conviction-in time).
This theory focuses on the judge's conscience. Whether or not the defendant is guilty
is determined solely by assessing the judge's beliefs or feelings.

c) The theory of evidence is based on the judge's belief within certain limits, based on
logical reasons (conviction raisonee).

15 Luhut M.P Pangaribuan, 2015, "Ethical Enforcement for Advocates," in Initiating Per-

Ethical Justice in Indonesia, Jakarta: Judicial Commission, p. 265.

16 Nur Qamarlah Novita, "Resolving Violations of the Code of Ethics for Members of the Representative Council

The People of the Republic of Indonesia by the Honorary Court of the Council," in the e-Catalogical
Journal, Volume 4 Number 12, December 2016, pp. 146-147.

17
 d) Negative wettelijk bewijstheorie theory of evidence, based on evidence according
to the judge's belief that arises from negative evidence specified in the law.

Proof in the ethics trial process is the process of presenting valid evidence to the ethics
trial panel in order to provide certainty about the truth of an event. The amount of
evidence in an ethics trial according to Judicial Commission Regulation Number 1 of
2015 concerning Handling Public Reports, in Article 50 paragraph (2) reads: "Plenary
Session Decision Making must consider at least 2 (two) pieces of evidence and the
opinions of the Members of the Assembly.

Referring to an ethics trial, namely, if a legal professional is suspected of violating the

code of ethics (without violating legal norms), then he will be summoned and tried by the
Honorary Council/Honorary Council to be held accountable (ethics and professional
discipline). Ethics trials aim to maintain accountability, professionalism and professional
nobility.

Ethics trials have an inquisitorial character typical of the profession1718, namely that the
Assembly (chairman and members) is active in carrying out the examination, without any
body or individual as a prosecutor.

In carrying out its examination, the Tribunal has the authority to obtain:

a. Information, both oral and written (affidavit), directly from related parties (reporters,
complainants, witnesses and other related parties, expert testimony) and peer groups
or experts in their fields is required.

b. Relevant documents, such as letters (copies of court decisions), information

spoken, sent, received, or stored electronically with optical devices or similar, and
instructions.

Ethics trial decisions are not intended for judicial purposes. Therefore, it cannot be used
as evidence in court, unless ordered by the court in the form of a request for expert
information.

17 Violations of Medical Ethics, via https://www.bastamanography.id/violation-

medical-ethics/3/, accessed March 25 2019.

18
In connection with the nature of open or closed ethical trials, the Honorary Council of the
DPR (MKD) chose two models at once in meeting, in accordance with the provisions of
Law Number 2 of 2018 concerning the Second Amendment to Law Number 17 of 2014
concerning the People's Consultative Assembly, the People's Representative Council,
the Council Regional Representatives, and Regional People's Representative Council
(MD3), Article 15 paragraph (2) which states that; "The MKD session is closed, unless
declared open by the MKD session."

Judicial Commission Regulation Number 2 of 2015, Article 26 letter a, Article 31 paragraph (1)
mentioned
and Article throughout
44 paragraph
the(1)
Inspection of the Whistleblower. Witnesses and/or
Experts, Panel Sessions and Plenary Sessions are held behind closed doors and are
confidential.
However, Jimly Asshiddiqie19 expressed his disagreement. According to him,
enforcement of the code of ethics cannot be held accountable independently and openly
to the public, which demands openness, transparency and public accountability in order
to realize the principles of good governance. Without transparency and public
accountability, it is impossible to guarantee quality control of the ethics enforcement
process that is independent, honest and fair, if the examination and trial process is
carried out behind closed doors, the degree of objectivity, integrity and independence
cannot be accounted for. Therefore, according to Jimly Asshiddiqie20, if people who are
publicly accused of violating the code of ethics are not given the opportunity to defend
themselves openly, how can they possibly uphold ethical justice? According to him, a
closed trial certainly cannot resolve the damage to one's image or image which is closely
related to a person's reputation and credibility.

The special ethics trial relates to the implementation of the Honorary Panel of Judges
(MKH) according to the Joint Regulations of the Supreme Court of the Republic of
Indonesia and the Judicial Commission of the Republic of Indonesia Number:
04/PB/MA/IX/2012-04/PB/P.KY/09/2012 concerning Establishment Procedures. Working
Procedures and Procedures for Making Decisions of the Honorary Panel of Judges,
in Article 6 "The
stipulated: paragraph
sessions
(1) of the honorary panel of judges are open
to the public unless declared closed by the panel"

19 Jimly Asshiddiqie, 2015. Initiating Ethical Justice in Indonesia, in Initiating Per-

Ethical justice in Indonesia, Jakarta: Judicial Commission, p. 15.

20 Jimly Asshiddiqie, "Judicial Ethics", via docplayer.info/62274590-Peradilan-etika-oleh-

prof-dr-jimly-asshiddiqie-sh-1. html, accessed March 27 2019.

19
The main principle or principle of implementing MKH is that it is open to the public,
except for ethics trials relating to morality reports. However, the ethics trial decision is still
pronounced in a hearing open to the public. Open to the public means that everyone can
also enter the court room, so that the public can see the proceedings and also know the
facts of the actual incident.

CHAPTER III

CLOSING

3.1. CONCLUSION
The professional code of ethics is a product of applied ethics because it is
produced based on the application of ethical thinking in a profession.

Bagir Manan said that the urgency of a code of ethics functions as a rule for maintaining,
enforcing and maintaining professional discipline through several elements, namely as
follows:

1) Maintain and maintain so that professional actions or negligence do not

occur, 2) Maintain and maintain professional integrity, 3) Maintain and maintain
discipline

Anna Rozaliyani, et al, formulated that in general, imposing sanctions has 4 (four)
main objectives, namely:

1. As punishment for people who commit violations.2. As a

means of education and rehabilitation.

3. To protect the community.

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 4. As a role model for other members in the same group and bound by the same rules
The same.
In general, sanctions given to ethical violators can be in the form of:
1. Social Sanctions: these sanctions are given by the community itself, without
involving the authorities. Violations that are subject to social sanctions are usually
minor crimes, or forgivable offenses.

2. Legal Sanctions: these sanctions are given by the authorities. Violations committed
are classified as serious violations and must be punished with criminal penalties or
civil liability.

The Evidence System in the ethics trial process is the process of presenting valid
evidence to the ethics trial panel in order to provide certainty about the truth of an event.
The amount of evidence in an ethics trial according to Judicial Commission Regulation
Number 1 of 2015 concerning Handling Public Reports, in Article 50 paragraph (2) reads:
"Plenary Session Decision Making must consider at least 2 (two) pieces of evidence and
the opinions of the Members of the Assembly.

Ethics trials have an inquisitorial character typical of the profession, namely that the
Assembly (chairman and members) is active in carrying out the examination, without any
body or individual as a prosecutor.
In carrying out its examination, the Tribunal has the authority to obtain:
a. Information, both oral and written (affidavit), directly from related parties (reporters,
complainants, witnesses and other related parties, expert testimony) and peer groups
or experts in their fields is required.

b. Relevant documents, such as letters (copies of court decisions), information

spoken, sent, received, or stored electronically with optical devices or similar, and
instructions.

Ethics trial decisions are not intended for judicial purposes. Therefore, it cannot be used
as evidence in court, unless ordered by the court in the form of a request for expert
information.

3.2. SUGGESTION
The suggestions that the author can put forward are as follows:
1. Weak existence of professional ethics in solving environmental problems
public.

21
 2. The effectiveness of professional ethics must be sought so that professionals can
carry out their duties well and on the one hand their clients do not feel disadvantaged.

BIBLIOGRAPHY

Dr. Wajidi, Farid and Dr. Suhrawardi. (2019)

. Legal Profession Ethics. Jakarta : Sinar Graphics

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