Code of Ethics

&
Conduct of Judges
Created By :
Yolanda Pusvita Sari 8111416024
Lowrenszya Siagian 8111416198
Cindy Paramita 8111416200
Ahmadi 8111416217
Sesyana Praniananda 8111416279
Chandra Dwiki 8111416304
Annas Sandy 8111417322
 CONTENTS
1. LEGAL BASIS
2. DEFINITION
3. BASIC PRINCIPLES OF CODE OF ETHICS & CONDUCT OF JUDGES
4. OBLIGATIONS, PROHIBITION, EXAMPLE OF VIOLATION
5. SUPERVISION ON IMPLEMENTATION
6. EXAMINATION & SANCTIONS OF VIOLATION
7. RELEVANCE OF CODE OF ETHICS NOWADAYS
8. COMMENT FROM JUDGE ABOUT CODE OF ETHICS
9. DISCUSSION ABOUT THE CASE OF VIOLATION
LEGAL BASIS
 DEFINITION OF CODE OF ETHICS
&
CONDUCT OF JUDGES

 According to Article 1 Point 1 Law No.18 Year 2011 about Judicial

Commission
 The Code of Ethics and / or Conduct of Judges is a guide in the context of
maintaining and upholding the dignity and behavior of judges in carrying out
their professional duties and in community relations outside of their service.
 BASIC PRINCIPLES
(10 RULES OF BEHAVIOR)

1. Fair Behavior
 Fair behavior are based on a principle that everyone is equal before the law. The most basic demands of
justice are giving treatment and giving equal opportunity and equality to everyone.

The following below are some restrictions on the conduct of fair behavior:
 Judges are prohibited from giving the impression that one of the parties who is currently in a litigation or
power including the prosecutor and the witness are in a special position to influence the judge concerned.
 The judge may not communicate with parties who litigate outside the trial, unless done in the court building
for the sake of the smooth running of the trial, known to the litigants, does not violate the principle of
equality of treatment and impartiality, etc.
The following are some obligations in carrying out fair behavior:
 Judges must carry out their legal duties by respecting the presumption of innocence, without expecting
compensation.
 The judge must be impartial, both inside and outside the court, and still maintain and foster the trust
of the people who seek justice. The judge must avoid matters which may result in the revocation of his
right to try the case in question.

The following are some examples of violations of fair behavior that are often carried out by Judges in the
trial:
 In the trial the Judge asks using sentences, such as: "why did you steal?" "Where did you steal?"
 The judge stated to one of the parties "your case is difficult to win!" (Inside or outside the trial).
 BASIC PRINCIPLES
(10 RULES OF BEHAVIOR)

2. Honest behavior
 Can and dare to state about what is right and wrong. Honesty encourages the formation of strong
individuals and raises awareness of the nature of rights and good.

The following are some restrictions on the conduct of honest behavior:

 The judge may not ask / accept and must prevent the husband or wife of the judge, parents, children
or other family members of the judge, from requesting or receiving appointments, gifts, grants,
inheritance, gifts, awards and loans or facilities from: advocates; claimant; the person on trial; other
parties with strong possibilities will be on trial.
The following are some obligations in carrying out honest behavior:
 Judges must be fair and avoid despicable actions.
 Judges must ensure that their attitudes, behavior and actions, both inside and outside the court, always
maintain and increase public trust, other law enforcement and litigation parties, so that the attitude of
impartiality of the judges and judiciary institutions is reflected.

The following are some examples of honest behavior violations that are often carried out by Judges in the
trial:
 The judge allows his family members to relate to the parties (Advocates, Prosecutors, Persons who are
being tried, etc.) who have both direct and indirect interests.
 The judge as the resource person is given an honorarium that exceeds the salary that should be
received.
 BASIC PRINCIPLES
(10 RULES OF BEHAVIOR)

3. Arif & Wise Behavior

 Able to act in accordance with the norms that live in society both legal norms, religious norms, customs and
decency by paying attention to the situation and conditions at that time, and being able to calculate the
consequences of his actions. Arif and wise behavior encourage the formation of a person who is knowledgeable,
has a high tolerance, is careful, patient and polite.

The following are some prohibitions in implementing wise and wise behavior:
 Judges are prohibited from hearing cases where the family member of the judge in question acts on behalf of a
litigant party or as a party who has an interest in the case.
 Judges are prohibited from allowing their residence to be used by a member of a legal profession to accept clients
or accept other members of the legal profession.
The following are some obligations in carrying out arif & wise behavior:
 Judges must avoid despicable actions.
 The judge, in his personal relationship with other members of the legal profession who
regularly conducts court proceedings, is obliged to avoid situations that can arouse
suspicion or partiality. Judges in carrying out their judicial duties must be free from the
influence of the family and other third parties.
The following are some examples of violations of arif & wise behavior that are often carried
out by Judges in the trial:
 The judge allows his family members to relate to the parties (Advocates, Prosecutors,
Persons who are being tried, etc.) who have both direct and indirect interests.
 The judge as the resource person is given an honorarium that exceeds the salary that should
be received.
 BASIC PRINCIPLES
(10 RULES OF BEHAVIOR)

4. Be independent
 Able to act alone without the help of others, free from any interference and free from any influence.
An independent attitude encourages the formation of a strong Judge's behavior, adheres to the
principles and beliefs of the truth according to moral demands and applicable legal provisions.

The following are some obligations in carrying out an independent attitude:

 Judges must carry out judicial functions independently and free from influence, pressure, threats or
persuasion, both directly and indirectly from any party.
 Judges must be free from improper relations with the executive and legislative institutions and other
groups that have the potential to threaten the independence (independence) of judges and judiciary.
 BASIC PRINCIPLES
(10 RULES OF BEHAVIOR)

5. High integrity
 An attitude, personality that is whole, authoritative, honest and unshakeable. High integrity is in
essence manifested in a loyal and strong attitude adhering to the values or norms that apply in
carrying out the task.

The following are some restrictions in high integrity:

 Judges are prohibited from hearing a case, one of which is an organization or community group
if the judge is still or has been active in the organization or community group.
 Judges are prohibited from adjudicating a case if the judge has prejudice relating to one of the
parties or knows the facts or evidence relating to a case to be tried.
The following are some obligations in the implementation of high integrity:
 The judge must limit intimate relations, both directly and indirectly with lawyers who often litigate in
the jurisdiction where the judge is in office.
 The judge must be open and provide information about personal interests that indicate no conflict of
interest in handling a case.

Examples of high integrity violations:

 Drunk, involved in drugs, gambling, domestic violence, cheating, sexual abuse, berating.
 Attend invitations or social gathering activities held by advocate associations, which have a middle
case examined.
 PRINCIPLES
(10 RULES OF BEHAVIOR)

6. To be responsible
Willing to carry out the best of everything that becomes his authority and duty, and has the
courage to bear all the consequences of the exercise of his authority and duties.

The following are some examples of violating responsible behavior :

 Use his position to include his family members as judges.
 Use confidential information to do extortion.
 BASIC PRINCIPLES
(10 RULES OF BEHAVIOR)

7. Upholding Self-Esteem
 Self-esteem means that the dignity and honor of human beings must be maintained and upheld by everyone.
The principle of upholding self-esteem, especially the Judge, will encourage and form a strong and resilient
person, so that a person is formed who always maintains the dignity and dignity as a Judicial apparatus.

The following are some restrictions in upholding self-esteem:

 Judges are prohibited from being involved in financial transactions and business transactions that have the
potential to use a position as a judge.
 Judges are prohibited from acting as mediators in personal capacity, except acting in positions that are
expressly ordered or permitted in other laws or regulations.
The following are some obligations in the implementation of upholding self-esteem:
 The judge must maintain the dignity and dignity of the judiciary and the profession both inside and
outside the court.
 The judge must recommend that his family members not participate in activities that can exploit the
judge's position

Examples of violations upholding self-esteem:

 Sleep, read the newspaper, use the telephone in the trial.
 Become an arbitrator or mediator in personal capacity.
 BASIC PRINCIPLES
(10 RULES OF BEHAVIOR)

8. High discipline
 Obey the norms or rules that are believed to be noble calls to carry out the mandate and trust of
the people who seek justice. High discipline will encourage the formation of an orderly person in
carrying out tasks, sincerity in dedication and strive to be an example in his environment, and not
to abuse the trustee entrusted to him.

The following are some examples of violations in the application of high discipline:
 Not trying to make the trial run according to a predetermined schedule.
 Not considering all the arguments of the parties and the facts of the trial in making a decision.
 BASIC PRINCIPLES
(10 RULES OF BEHAVIOR)

9. Humble behavior
 Awareness of the limitations of one's abilities, far from perfection and avoiding any form of
arrogance. Humility will encourage the formation of a realistic attitude, want to open up to continue to
learn, appreciate the opinions of others, develop a tolerant attitude, and realize simplicity, full of
gratitude and sincerity in carrying out the task.

The following are some examples of violations in applying humble behavior:

 Refusing to try certain cases, such as minor crimes, cases that are not wet, cases that contain security
risks.
 Issue statements and / or opinions regarding a case in a public forum.
 BASIC PRINCIPLES
(10 RULES OF BEHAVIOR)

10. Be professional
 Professional means a moral attitude based on the determination to carry out the work chosen with sincerity,
supported by expertise on the basis of knowledge, skills and broad insight. Professional attitudes will
encourage the formation of individuals who always maintain and maintain the quality of work, and strive to
increase knowledge and performance, so as to achieve the highest quality of work, effective and efficient.

The following are some examples of violations in applying humble behavior:

 Do extra judicial activities during working hours.
 Not filling in the case activity report.
 Attend invitations that are personal, teaching, etc. during working hours.
 SUPERVISION ON THE IMPLEMENTATION

Supervision of Judge's obedience in implementing the code of ethics and professional guidelines of the
Judge is divided into two, namely:
1. Internal Supervision (Functional)
 Supreme Court
 The Honorary Council of Judges formed by IKAHI

2. External Supervision
 Judicial Commission
 EXAMINATION PROCESS OF VIOLATION

Violation Examination Report Examination

occured Complaint by KY Verification Summoning

Witness Conclusion of Sanction

testimony examination Recommendation Verdict
 TYPE OF SANCTIONS

Sanctions in violating the Code of Ethics & Conduct OF Judges are divided into three types, namely:
1. Mild  Mild sanctions consist of; verbal, written and dissatisfied statements.
2. Moderate  Moderate sanctions consist of delaying the KGB(Periodic Salary Increase) for a
maximum of 1 year, decreasing the KGB for a maximum of 1 year, delaying the promotion of a
maximum of 1 year, non-hammer judges at the latest 6 months, transfer to other courts with lower
classes, cancellation or suspension.
3. Severe  Severe sanctions consist of exemption from office, non-hammer judge more than 6 months
and a maximum of 2 years, lower level demotion of no more than 3 years, permanent termination
with retirement rights and non-respectful dismissal.
OBSERVATION RESULTS
 RELEVANCE OF CODE OF ETHICS NOWADAYS

 The Code of Ethics and Conduct of Judges made in 2009 and the sanctions in them are relevant or not in
nowadays depending on each individual. If peoples said that it is irrelevant to the present time then it wasn’t
right, that’s because every regulation including Code of Ethics & Conduct of Judges will be relevance
nowadays as long as there’s an Akhlakul Karimah or Morals and Character inside the Judges.
 Although in fact from year to year the violation of the code of ethics has indeed increased and seems to be
irrelevant to the society but that does not mean that the code of ethics is not in line with the times, to
overcome this problem actually the Supreme Court has carried out several innovations to reduce code of
ethics violations such as :
 The responsibility of the leader & appointed a role model
 Legal assistance "NO", severe punishment "YES"
 Integrity check
 COMMENT FROM JUDGE AT PTA SEMARANG
ABOUT CODE OF ETHICS

 The Code of Ethics and Judges Behavior Guidelines stipulated in the Joint Decree of the Chief of the Supreme
Court and the Judicial Commission lists 10 basic principles of the Code of Ethics and the Judicial Code of Conduct
is enough to overcome the problem of violations of the code of ethics in Indonesia., it’s only need to be sharpened.
 The Code of Ethics and Code of Conduct of Judges also doesn’t need any additional or reduction to the items in
the regulation, but further details in the Code of Ethics and Code of Conduct of the Judge need to be detailed,
because only the general meaning of the code of ethics varies in the regulation. If the 10 basic principles of the
Code of Ethics and the Code of Conduct have been further detailed, this will ease the burden of the High Judge in
the Semarang High Court, who rarely gets cases and usually only have document trial only and conducts guidance
and supervision.
 CASE DISCUSSION

1 2

 The Honorary Court of Justice (MKH)
dismissed the judge of the Jambi State
Administrative Court with the initials EP because it
was proven to have an affair with a woman who
was not his wife. EP dismissal was decided at the
MKH hearing by the Judicial Commission and the
Supreme Court in the Supreme Court building on
Tuesday, October 19, 2017.
The hearing reaches results with a decision of
'permanent termination of retirement rights' to the
reported judge as recommended by the initial
sanctions submitted by KY. In consideration of
MKH, EP judges were considered to damage the
image of the judiciary, damage the lives of other
people, and have the potential to commit disgraceful
acts because they twice cheated on women who
were not his wives.

According to the Judge at PTA, related to
pension rights are not included in the
sanctions and are not mentioned at all in
the rules if the Judge who violates is not
allowed to receive pension rights so it is
only natural that the Judge who is proven
cheating is dismissed from office and
receives retirement rights. This is because
the dismissal of the judge is divided into
two, namely:
1. Dismissal with respect
2. Disrespectful dismissal
CASE DISCUSSION
In addition, this sanction is the result
of a recommendation from KY and if
the recommendation is a termination
from the position, the Judge will get
the opportunity to defend himself
through the Judge Honorary Council
(MKH). MKH here acts as a self-
defense forum for judges who will be
proposed by the KY or MA
examining team to be permanently
dismissed where the membership
consists of 3 Supreme Court Justices
and 4 KY Members and
Determination with the MA and KY
MKH.
In the forum, the Judge was given the
opportunity to give his defense such as
conveying the reason why the Judge
cheated, then being able to tell that the
Judge still had young children, etc. so
that there was a policy from the assembly
to provide relief for humanitarian
reasons with various considerations.
Respectively dismissals usually still
receive pension rights and dismissal of
disrespect usually associated with
criminal matters such as bribery cases
not receiving retirement rights.