ANALYSIS OF THE LEGAL AMBIGUITY OF JUDGES' ETHICS VIOLATIONS IN PERMANENT CRIMINAL VERDICT
DOI:
https://doi.org/10.28946/scls.v2i1.3629Abstract
The judge's verdict in the judicial system in a legal country has an important meaning in realizing justice and public order. The judge, in carrying out his obligation to decide a criminal case, besides guided by Indonesian Code of Criminal Procedure (KUHAP) and the Indonesian Criminal Code (KUHP) rules, must also be guided by the Code of Ethics and Code of Conduct for Judges (KE and PPH). This article analyzes legal certainty regarding criminal verdicts from judges proven to have violated the code of ethics. This research method uses normative Judicial legal research. The research results show that in recent times, there has been a lot of public news regarding alleged KE and PPH violations. Some of this resulted in verdicts against several judges the Judicial Commission sanctioned. This report also found several reports of alleged violations of the Judge's Code of Ethics related to criminal cases. Apart from that, conditions were also found where the judge's code of ethics was questioned because the judge violated the judge's duties and authority, namely accepting, examining, and deciding criminal cases based on the principles of freedom, honesty, and impartiality in court. The suggestion put forward is the need for regulation in the Criminal Procedure Code regarding the issue of whether a criminal verdict is valid or not if a judge is proven to have violated the code of ethics.References
Bertens, K. Ethics. Jakarta: Gramedia Pustaka Utama, 2005.
Detik News. “Former Judge Ramlan Comel Sentenced to 7 Years in Prison,†2014. https://news.detik.com/berita-jawa-barat/d-2772043/mantan-hakim-ramlan-comel-divonis-7--penjara.
Gandasubrata, Purwoto S. Guidelines for Judges Conduct, Code of Ethics for Judges and Related Papers. Jakarta: Supreme Court of Indonesia, 2006.
Gray, Cynthia. Ethical Standards for Judges. American Judiciature Society, 2009.
Harahap, M.Yahya. Discussion of Problems and Application of KUHAP, Investigation and Prosecution. Second Edi. Jakarta: Sinar Grafika, 2003.
Jayanti, Dwi Dian. “2 Types of Legal Remedies Against Court Decisions in Criminal Cases.†Hukum Online, 2023. https://hukumonline.com/klinik/a/usaha-batas-pengadilan-lt63f361852a255.
Judicial, Commission. “Judicial Commission Receives 1,592 Reports.†Judicial Commission Information and Analysis Services Center, 2023. https://komisiyudisial.go.id/frontend/pers_release_detail/303/januari-september-komisi-yudisial-terima-laporan.
Mittra, Aayushi. “Doctrine of Res Judicata – Article 11 of the Criminal Procedure Code.†Law Corner, 2021. https://lawcorner.in/doctrine-of-res-judicata-section-11-of-civil-procedure-code/#:~:text=The doctrine of Res Judicata has been embodied,at the ex suit between the same party.
Muslih, Mohammad. “Indonesian Legal State in the Perspective of Gustav Radbruch’s Legal Theory.†Journal of Legality 4, no. 1 (2013): 143.
Nabil, Mochamad. “Violations of Judges’ Code of Ethics Due to Judges’ Communication with Litigating Parties Outside Court.†Journal of Education, Arts, Sciences and Social Humanities 1, no. 1 (2023): 8–9. https://doi.org/10.11111/nusantara.xxxxxxx.
Oktavira, Aurelia Bernadetha. “The Meaning of a Court Decision Is Null and Void.†Hukum Online, 2023. https://www.hukumonline.com/klinik/a/arti-angkatan-pengadilan-batal-demi- .
Pramesti, Ayu Jaya Tri. “Art Is Judged for Its Truth.†Hukum Online, 2014. https://www.hukumonline.com/klinik/a/arti-res-judicata-pro-vertitate-habetur-lt5301326f2ef06/.
Putri, Anugerah Merdekawaty Maesy. “Accountability of Judges Who Violate the Code of Ethics with the Potential of Crime.†Atma Jaya Yogyakarta University Law Journaltut, 2016, 5.
School, Cornell Law. “No Title.†Legal Infromation Intitute. Accessed April 28, 2024. https://www.law.cornell.edu/wex/res_judicata.
Sinai, Y. “Reconsidering Res Judicata: A Comparative Perspective.†Duke J. Comp. & Int’l L. 21, no. 1925 (2010): 390–91. http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/djcil21§ion=22.
Soesilo, R. Criminal Law Book and Complete Explanation Article by Article. Politeia, Bogor, 1980.
Sudikno Mertokusumo. “The Judicial System in Indonesia.†Law Journal FH-UII 9 Vol. 4 (1997). https://journal.uii.ac.id/IUSTUM/article/view/6927/6114.
Ulum, Hafizatul, and Sukarno. “Analysis of the Effect of Violations of the Constitutional Court Judges’ Code of Ethics on Decisions Taken (Case Study of Constitutional Court Decisions Number: 90/PUU-XXI/2023).†Unizar Law Review 2, no. 2 (2023): Page 250. https://doi.org/10.36679/ulr.v6i2.60.
Widarto, Joko. “The Application of the Principles of Judges’ Decisions Must Be Considered Correct (Study of Constitutional Court Decision Number 97/PUU-XI/2023).†Lex Jurnalica 13, no. 1 (2016): 78.
YUDISIAL, KOMISI. “Joint Decree of the Chairman of the Supreme Court of the Republic of Indonesia and the Chairman of the Indonesian Judicial Commission Number: 047/KMA/SKB/IV/2009 and 02/SKB/P.KY/IV/2009 Concerning the Code of Ethics and Code of Ethics for Judges.†Binus Higher Education 5, no. 1 (2009): Page 5. https://www.forbes.com/advisor/legal/child-custody/joint-custody/%0Ahttps://kantorpengacara.co/hak-asuh-anak-dalam-perkawinan-campuran-pasca-perceraian/%0Ahttps://www.gurubk.com/2022/02/pola-asuh-anak-menurut-para-ahli.html%0Ahttps://parent.binus.ac.id/20.
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