Rule of Law and Rule of Ethic in Law Enforcement in Indonesia
)
(1) Faculty of Law Pattimura University, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: Ethics cannot be separated from law. In law enforcement, ethics and law work together to realize legal ideals. Law enforcement officials need ethical considerations so that the law enforcement process can run well. Ethics acts as an important guide to ensuring proper and appropriate behavior in legal practice. Areas of coverage of ethical standards include sacred values, solidarity, theoretical, power, economics, and skills.
Purposes of the Research: The purpose of this study is to provide a description of the importance of ethics in law enforcement in Indonesia. In addition to the substance of the law, law enforcement officers are a very influential factor. The law can be implemented properly if law enforcement officers have good ethical basic values.
Methods of the Research: The research method used is normative juridical, which is research that examines documents, namely by using various primary, secondary and tertiary legal materials such as laws and regulations, court decisions, legal theory, and can be in the form of opinions of scholars. The approach in this research is the concept and law approach.
Results of the Research: The results of the study indicate that the legal profession is a profession that is full of ethical values, because it deals with various humanitarian interests from society in general through actions and decisions taken. In reality, law enforcement officers actually make the law not upright to achieve its goals. Thus, legal knowledge alone is not enough, the ethics of law enforcement officers becomes a reference for upholding the law properly in society.
Keywords
DOI
10.47268/sasi.v28i1.752
Published
2022-03-31
How To Cite
@article{SASI752,
author = {Elsa Toule},
title = {Rule of Law and Rule of Ethic in Law Enforcement in Indonesia},
journal = {SASI},
volume = {28},
number = {1},
year = {2022},
keywords = {Ethics; Rule of Law; Law Enforcement},
abstract = {Introduction: Ethics cannot be separated from law. In law enforcement, ethics and law work together to realize legal ideals. Law enforcement officials need ethical considerations so that the law enforcement process can run well. Ethics acts as an important guide to ensuring proper and appropriate behavior in legal practice. Areas of coverage of ethical standards include sacred values, solidarity, theoretical, power, economics, and skills.Purposes of the Research: The purpose of this study is to provide a description of the importance of ethics in law enforcement in Indonesia. In addition to the substance of the law, law enforcement officers are a very influential factor. The law can be implemented properly if law enforcement officers have good ethical basic values.Methods of the Research: The research method used is normative juridical, which is research that examines documents, namely by using various primary, secondary and tertiary legal materials such as laws and regulations, court decisions, legal theory, and can be in the form of opinions of scholars. The approach in this research is the concept and law approach.Results of the Research: The results of the study indicate that the legal profession is a profession that is full of ethical values, because it deals with various humanitarian interests from society in general through actions and decisions taken. In reality, law enforcement officers actually make the law not upright to achieve its goals. Thus, legal knowledge alone is not enough, the ethics of law enforcement officers becomes a reference for upholding the law properly in society.},
issn = {2614-2961}, pages = {56--67} doi = {10.47268/sasi.v28i1.752},
url = {https://fhukum.unpatti.ac.id/jurnal/sasi/article/view/752}
}
Journal Article
Fallon, Richard H. The Rule of Law as a Concept in International Discourse. 97 Columbia Law Review, 1997.
https://doi.org/10.2307/1123446
P, Craig Paul. Formal and Substantive Conceptions of the Rule of Law: An Analytical Framework. Public Law, 1997.
Book
Adji, Oemar Seno. Free Justice, State OfLaw. Jakarta: Erlangga Press, 1980.
Alisyahbana, Sutan Takdir. History of Indonesian Culture Seen in Terms of Values. Jakarta: Dian Rakyat, 1982.
Asshiddiqie, Jimly. Judicial Ethics and Constitutional Ethics. Jakarta: Sinar Grafika, 2014.
Athan, Billias George. American Constitutionalism Heard Round the World, 1776-1989: A Global Perspective. New York: New York University Press, 2011.
Black, Anthony. A World History of Ancient Political Thought,. Oxford University Press, 2009.
https://doi.org/10.1093/acprof:oso/9780199281695.001.0001
Christopher, Weeramantry. Justice without Frontiers. Martinus Nijhoff Publishers, 1997.
Clarke, David. The Many Meanings of the Rule of Law" in Kanishka Jayasuriya, Ed., Law, Capitalism and Power in Asia, Routledge. New York, 1998.
Cooper, and John. Complete Works By Plato. Hackett Publishing, 1997.
Evans, and MacMillan. Ethical Issues In Criminal Justice And Public Safety. 4th ed. Toronto: Edmond Montgomery Publications, 2014.
Friedman L.M. The Legal System; A Social Perspective. New York: Russell Sage Foundation, 1975.
Hartono, Sunarjati. What Is the Rule of Law? Bandung: Alumni, 1974.
Jeremy Bentham, Anarchical Fallacies, and in A.I. Belden. Human Rights. Calif: Wardworth, 1970.
Lafollette H. The Practice of Ethics. Malden, ME: Blackwell Publishing, 2007.
Lasry, Darwin Lex. The Fourth Tony Fitzgerald Memorial Lecture. Northern Territory Library, n.d.
McCartney, Steve, and Rick Parent. "Ethics in Law Enforcement." VICTORIA, B.C,: BCCAMPUS, 2015.
"Oxford Dictionary," n.d.
Palguna, I Dewa Gede. "Constitutional Complaint of Legal Efforts against Violations of Constitutional Rights of Citizens." Sinar Grafika, Jakarta, 2013.
Pollock, J.M. Ethical Dilemmas and Decisions in Criminal Justice. United States: Wadsworth Publishing Company, 2010.
Rahardjo, Satjipto. Other Sides of The Law in Indonesia. Jakarta: Kompa BookPublisher, 2003.
Robert, Alter. The Five Books of Moses: A Translation with Commentary. W.W. Norton & Company, 2004.
Shidarta. Morality of the Legal Profession, An Offer of Frame of Mind. Refika Aditama, 2009.
Surbhi S. "Difference Between Law and Ethics (with Comparison Chart)," n.d.
Tamanaha, Brian Z. On the Rule of Law: History, Politics, Theory. Cambridge University Press, 2004.
https://doi.org/10.1017/CBO9780511812378
U.S. Army Center for Law and Military Operations, Rule of law. A Practitioner's Guide for Judge Advocates, The Judge Advocate General's Legal Center and School. Charlottesville, Virginia, 2010.
W, Winks Robin. World Civilization: A Brief History (2nd Ed.). San Diego: CA: Collegiate Press, 1993.
Thesis, Web Page, and Others
Asshiddiqie, Jimly. "Makalah: Gagasan Negara Hukum Indonesia.," n.d
Kaufman, and Daniel. Governance Matters VI: Governance Indicators for 1996-2006, World Bank Policy Research Working Paper No. 4280, n.d.
https://doi.org/10.1596/1813-9450-3630
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Copyright (c) 2022 Elsa Rina Maya Toule
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Cited-By:
1. Establishing Ethical Norms: Dignified Justice Theory Perspectives on Ethics and Legal Relations
Fradhana Putra Disantara, Bayu Dwi Anggono, Aan Efendi
Rechtsidee vol: 10 issue: 1 year: 2022
Type: Journal [View Source]
2. Natural Resource Management Principles and the Role of Law in Realizing Good Development Governance
Satriya Nugraha
Journal of Progressive Law and Legal Studies vol: 2 issue: 01 first page: 49 year: 2023
Type: Journal [View Source]
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