Judicial Corruption as a Violation of Professional Ethics

2021

This qualitative article aims to examine the enforcement of the code of ethics and code of conduct for judges in Indonesia by the Judicial Commission as an external supervisor with the Supreme Court as the internal supervisor. The sub-optimal relationship between the two institutions is clear from the high number of reports of violations of the Code of Ethics and the Code of Conduct of Judges and the low rate of implementation of the recommendations of the Judicial Commission in the supervision of judges at the Supreme Court. There is an overlap between internal supervision at the Supreme Court, and the Supreme Court does not consider the Judicial Commission violations. According to the Judicial Commission, violations of the Code of Ethics and Judicial Code of Conduct are violations. As a result, public reports about violations of the judge's code of ethics and the recommendations of the Judicial Commission were ineffective, and breaches of the judges' code of ethics continu...

International Journal of Law and Society, 2024

This research is normative juridical research with the approach used being a statutory approach and a conceptual approach with the aim of analyzing a number of statutory regulations and finding the conceptual ideal of Ethics Court in the Constitutional System of the Republic of Indonesia. The research results show that the formation of ethics enforcement institutions can be found in various forms, it can be an organ attached to the institution it supervises (internal) or one that exists as a separate institution (external). Debates began to arise when the lack of uniformity in the institutional form of ethics supervisors was considered to affect the procedures and quality of ethics enforcement itself. Therefore, this research concludes that the ideal concept of Ethics Court in the future should have a constitutional and juridical position as part of judicial power with the following conception: First, Ethics Court institutions are constructed independently and separately from the judicial institutions of the Supreme Court and Constitutional Court by forming an Ethics Court, so that in the future the implementation of judicial power in Indonesia it consists of 3 (three) judicial institutions, namely the Supreme Court and its subordinate judicial institutions, the Constitutional Court, and the Ethics Court. Second, the Ethics Court was constructed as the first and final ethics court by supervising institutions that enforce codes of ethics and codes of behavior that have existed so far by consolidating and reorganizing institutions with uniformity as ethics monitoring institutions in each state institution. Third, filling positions and/or membership of the Ethics Court must be carried out openly and can be participated by all Indonesian citizens who meet the requirements. Fourth, the work of the Ethics Court must apply the principles of openness, independence and accountability like the judiciary in general.

Russian Law Journal

The history of the Indonesian judiciary includes elements of irony. During authoritarian rule under Sukarno's era (1959–1966) and Suharto's era (1966–1998), judges put up long struggles to gain judicial independence. However, after amendments to the 1945 Constitution in 2001–2002, when the judiciary gained independence, the judiciary’s reputation became marred with high-profile corruption cases and ethical violations. Therefore, this study uses normative legal research methods. The researchers found that the history of the Indonesian judiciary evolved from a crisis of independence in the authoritarian era to a crisis of accountability in the era of democratic transition. The two authoritarian governments limited the judiciary’s independence through legal provisions. Unfortunately, despite the positive developments from gaining judicial independence, the Indonesian judiciary suffers from an accountability crisis, as seen through the arrests of several judges for bribery. This...

International Journal of Criminology and Sociology, 2021

Background: Though there are vigorous efforts made to fight corruption attitude and behavior, in Indonesia the judiciary sector is still characterized by the existence of rampant widespread corruption acts of crime. For instance, there are many judges who have been caught being bribed across the country. From the available data, of the 19 judges at the Corruption Eradication Commission, 53% are those who make up the Corruption Adhoc judges, while the remaining 47% are career judges. Objective: This research was conducted to determine the corrupt behavior of judges in relation to carrying out their duties and authority in upholding justice. Method: The study applied a normative juridical research method, which established that corruption behavior exhibited by judges in handling cases is still prone to criminal acts of corruption, is detrimental to justice seekers. Conclusion: Thus, the judge's corrupt behavior as the foremost law enforcer can be prevented as early as possible, if justice is to be upheld at a national level.

STAATSRECHT: Indonesian Constitutional Law Journal, 2021

Judicial power is an autonomous authority charged with the responsibility of administering justice in order to uphold the rule of law and justice. It is self-contained and does not rely on other authorities to maintain public order. However, the judicial power will be harmed if the judge charged with enforcing the law and administering justice actually violates the law. This study employs a qualitative research method in conjunction with a literature review. The study's findings indicate that the Corruption Eradication Commission and the Judicial Commission continue to lack cooperation in supervising judges in court. Thus, the synergy between the Corruption Eradication Commission and the Judicial Commission is required to foster cooperation and coordination in the fight against corruption, enabling them to jointly uphold the honour, nobility, and proper conduct of judges effectively and efficiently in accordance with the law.

Jambura Law Review, 2023

Jurisdiction of Indonesian judiciary still leaves various polemics, one of which relates to decisions that are antinomian between the Constitutional Court and the Supreme Court. This research aims to describe efforts to resolve these issues through reformulation within the constitution, regarding the supervisory authority of the Judicial Commission in creating harmonization of judicial decisions in the future. This type of research is normative research. The results indicate that reformulation or redefinition of the authority of the Judicial Commission in the constitution is a gateway to optimizing the role of the Judicial Commission as a product of reform in supervising judges in issuing correct, fair, and legal certainty decisions. Regulation through the constitution is an attributive authority in which the formulation of constitutional norms in the chapter on judicial power, particularly Article of the Judicial Commission, should preferably include phrases of "safeguarding" and "upholding" the code of ethics and conduct of judges, as preventive and repressive measures to prevent antinomian decisions between two judicial state institutions from recurring.

International Journal of Criminology and Sociology, 2021

This paper aims to critically analyze law enforcement against the mafia of the court. The purpose is to improve the quality of legal institutions and improve the legal structure dimension. The objective is to obtain the quality of court institution as closely related to the apparatus's quality and integrity and the integrity of the apparatus to be ensured since the recruitment process also maintains the coaching process. Using the socio-legal approach, the analysis was directed to the practice of mafia threats to the principle of independence and the court's impartiality while threatening the existence of the rule of law. The results showed that the mafia of court arises because of the collusion among the elements of the court's stakeholders, the destruction of the stakeholders that led to the emergence of the various mafia of court practices in Indonesia. The main findings of this study are that the court, as the last bastion of justice and law enforcement, is undoubtedly expected to be independent and impartial following the demands of the rule of law. As a practical implication, the court institution cannot be independent and impartial if there is still a network of crimes that undermine the court system. Courts that only give justice to those who are strong and have access will cultivate what is feared by some legal experts that law is only a tool as instrumentalism for those who have access and power. This is where the threat to the principle of the rule of law lies.

2021

The criminal justice system in Indonesia today illustrates a paradoxical situation in law enforcement on corruption. On the one hand, the society have great expectation that the criminal justice system can eradicate corruption, on the other hand, law enforcement officers such as national police investigator, public prosecutor, and judge, in their own way continue to weaken law enforcement by committing judicial corruption. The basic problem is how the natures of characters of judicial corruption crime that lead to the paradox of law enforcement on corruption are. Judicial corruption in the criminal justice system can be interpreted as a crime committed by law enforcement officers, such as police investigator, public prosecutor, or judge, who is handling a corruption case, by plotting the case as if the suspect was innocent though he/she is guilty, it is then plotted as if it was a trifle. Therefore, the legal process is reduced as a means of gaining benefit and personal wealth. Some of them are just formal procedure for implementing the law. This is the paradox of the criminal justice system in law enforcement on corruption in Indonesia. Judicial corruption has mostly affected law enforcement officers' life by deviating from law enforcement. The results of the analysis, the natures of judicial corruption crime committed by law enforcement officers in the criminal justice system form mental constructions which tend to damage and weaken the law, namely: (1) disregard of the law, (2) cherry-picking, (3) limiting the legal's reach, (4) narrowing the meaning of the law, (5) exploiting the severity of the sentence.

International Journal of Social Science Research and Review

Corruption is a severe problem for every country in the world. This is related to the modus operandi and the impact of corruption that can destroy the economic order of a country. Realizing the consequences of corruption, we need extraordinary treatment in coping with corruption, one of which is by establishing an anti-corruption agency. This provision is adopted in Indonesian law in Law No. 46 of 2009 concerning the Corruption Court which was established based on the provisions of Article 35 of Law No. 30 of 2002 concerning the Corruption Eradication Commission (KPK) and based on the decision of the Constitutional Court No. 012-016-019/PUU-IV/2006 dated December 19, 2006. However, in the provisions of Article 1 and Article 10 of Law No. 46 of 2009 concerning the Court of Criminal Acts of Corruption, a provision distinguishes the legal position between ad hoc judges and career judges, which limits the principle of independence of judicial power, especially for ad hoc judges. This le...

Yuridika

The supervision of judges in judicial power in Indonesia is carried out by two state institutions: the Judicial Commission and the Supreme Court. Internal supervision of judges is carried out by the Supreme Court on the judicial technicalities of judges and externally by the Judicial Commission on the ethical aspects of judge behavior. However, in its implementation, there is still no explicit limit to the scope of judges’supervision between the two institutions. This research aims to provide a different perspective and new breakthrough in judge supervision, namely, setting a boundary between judicial technical violations and ethical violations in examining alleged ethical violations by judges as a form of judicial supervision. The type of research used was reform-oriented research using a statutory and conceptual approach. The results showed that the mechanism for supervising judges was regulated through the Joint Regulations of the Supreme Court and Judicial Commission on the Code...