The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia

Yusuf Warsyim; Rio Christiawan; Tuti Widyaningrum

doi:doi:10.11648/j.ijls.20240701.14

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The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia

Yusuf Warsyim^*, Rio Christiawan, Tuti Widyaningrum

Published in International Journal of Law and Society (Volume 7, Issue 1)

Received: 14 December 2023 Accepted: 4 January 2024 Published: 23 January 2024

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Abstract

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.

Published in	International Journal of Law and Society (Volume 7, Issue 1)
DOI	10.11648/j.ijls.20240701.14
Page(s)	22-29
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Concept, Ideal, Judiciary, Ethics, System, Constitution, Indonesia

References

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[4]	Ernawati Waridah, S S. Kamus Bahasa Indonesia. Bmedia. 2017.
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[11]	In civilized life, law floats in a sea of ethics. In New York Times 12 November 1962.
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[17]	Yusuf, Kedudukan Peradilan Etik dalam Sistem Ketatanegaraan Republik Indonesia, Disertasi Fakultas Hukum Universitas 17 Agustus 1945 Jakarta, 2023.
[18]	Salam Luthan, Dialektika Hukum dan Moral dalam Perspektif Filsafat Hukum, Jurnal Hukum IUS QUIA IUSTUM. 2012, No. 4, Vol. 19.
[19]	Ridwan, Khudzaifah Dimyati, and Absori. Relasi Hukum Dan Moral: Sebuah Potret Antar Mazhab. Prosiding Konferensi Nasional Ke-3 Asosiasi Program Pascasarjana Perguruan Tinggi Muhammadiyah Yogyakarta (APPPTM): 2009, 177–85. https://publikasiilmiah.ums.ac.id/xmlui/handle/11617/9401
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APA Style

Warsyim, Y., Christiawan, R., Widyaningrum, T. (2024). The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia. International Journal of Law and Society, 7(1), 22-29. https://doi.org/10.11648/j.ijls.20240701.14

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ACS Style

Warsyim, Y.; Christiawan, R.; Widyaningrum, T. The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia. Int. J. Law Soc. 2024, 7(1), 22-29. doi: 10.11648/j.ijls.20240701.14

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AMA Style

Warsyim Y, Christiawan R, Widyaningrum T. The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia. Int J Law Soc. 2024;7(1):22-29. doi: 10.11648/j.ijls.20240701.14

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@article{10.11648/j.ijls.20240701.14,
  author = {Yusuf Warsyim and Rio Christiawan and Tuti Widyaningrum},
  title = {The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia},
  journal = {International Journal of Law and Society},
  volume = {7},
  number = {1},
  pages = {22-29},
  doi = {10.11648/j.ijls.20240701.14},
  url = {https://doi.org/10.11648/j.ijls.20240701.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20240701.14},
  abstract = {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.},
 year = {2024}
}

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TY  - JOUR
T1  - The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia
AU  - Yusuf Warsyim
AU  - Rio Christiawan
AU  - Tuti Widyaningrum
Y1  - 2024/01/23
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DO  - 10.11648/j.ijls.20240701.14
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 22
EP  - 29
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20240701.14
AB  - 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.
VL  - 7
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ER  -

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Author Information

Yusuf Warsyim

Faculty of Law, University of 17 August 1945 Jakarta, Jakarta, Indonesia

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Rio Christiawan

Faculty of Law, University of 17 August 1945 Jakarta, Jakarta, Indonesia

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Tuti Widyaningrum

Faculty of Law, University of 17 August 1945 Jakarta, Jakarta, Indonesia

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Plain Text BibTeX RIS

APA Style

Warsyim, Y., Christiawan, R., Widyaningrum, T. (2024). The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia. International Journal of Law and Society, 7(1), 22-29. https://doi.org/10.11648/j.ijls.20240701.14

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ACS Style

Warsyim, Y.; Christiawan, R.; Widyaningrum, T. The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia. Int. J. Law Soc. 2024, 7(1), 22-29. doi: 10.11648/j.ijls.20240701.14

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AMA Style

Warsyim Y, Christiawan R, Widyaningrum T. The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia. Int J Law Soc. 2024;7(1):22-29. doi: 10.11648/j.ijls.20240701.14

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@article{10.11648/j.ijls.20240701.14,
  author = {Yusuf Warsyim and Rio Christiawan and Tuti Widyaningrum},
  title = {The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia},
  journal = {International Journal of Law and Society},
  volume = {7},
  number = {1},
  pages = {22-29},
  doi = {10.11648/j.ijls.20240701.14},
  url = {https://doi.org/10.11648/j.ijls.20240701.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20240701.14},
  abstract = {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.},
 year = {2024}
}

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TY  - JOUR
T1  - The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia
AU  - Yusuf Warsyim
AU  - Rio Christiawan
AU  - Tuti Widyaningrum
Y1  - 2024/01/23
PY  - 2024
N1  - https://doi.org/10.11648/j.ijls.20240701.14
DO  - 10.11648/j.ijls.20240701.14
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 22
EP  - 29
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20240701.14
AB  - 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.
VL  - 7
IS  - 1
ER  -

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