ANALYSIS OF THE LEGAL AMBIGUITY OF JUDGES' ETHICS VIOLATIONS IN PERMANENT CRIMINAL VERDICT

Abstract

The judge's decision in the judicial system in a legal state has an important meaning in realizing justice and public order. A judge, in carrying out his obligation to decide a criminal case, apart from being guided by formal (KUHAP) and material (KUHP) rules, must also be guided by the Code of Ethics and Code of Conduct for Judges (KEPPH). This article aims to analyze legal certainty regarding criminal decisions from judges who have been proven to have violated the code of ethics. This research method uses Normative Juridical legal research. The results of this research show that in recent times there have been many public reports regarding alleged KEPPH violations and some of them resulted in decisions against several judges who were sanctioned by the Judicial Commission. From this report, a number of reports of alleged violations of the Judge's Code of Ethics related to criminal cases were also found. Apart from that, conditions were also found where a judge's code of ethics was questioned because the judge violated the judge's duties and authority, namely to receive, examine and decide criminal cases based on the principles of freedom, honesty and impartiality in court. The suggestion proposed is that regulations are needed in the Criminal Procedure Code regarding the issue of the validity of criminal decisions in the event that a judge is proven to have violated the code of ethics.