PERTANGGUNGJAWABAN HAKIM PELAKU PELANGGARAN KODE ETIK BERPOTENSI PIDANA

Putri, Anugerah Merdekawaty Maesya (2016) PERTANGGUNGJAWABAN HAKIM PELAKU PELANGGARAN KODE ETIK BERPOTENSI PIDANA. .. pp. 1-14. ISSN .

Text (Jurnal HK11387) JURNAL HK11387.pdf Download (7MB)

Abstract

Violations of the code of ethic by the judge is one reason for the lack of public trust and worsen the image of judiciary in Indonesia. Those violations could be potentially break criminal code, or not. A research is needed to understand the accountability of judge whose violate code of ethic which potentially breaks the criminal code. The type of research in this thesis is a normative legal research. Normative legal research is a research to examine the implementation of positive law. Based on the research, found there are two forms of accountability of judge. First form of accountability is criminal accountability, which conducted through general courts. The second is profession accountability, which handled by Judicial Commission. Phases of investigation held by Judicial Commission are: verify reports of alleged violations of the code of ethic, investigate the alleged infringement, calling the alleged infringer and witnesses for questioning, and drawing conclusions based on the investigation to determine sanction then proposing it to the Supreme Court. The judge proposed to be dismissed has the opportunity to defend themselves in the presence of the Honorary Council of Judges. based on the plea in the ethics hearing, the Council will determine the most suitable sanction. By these forms of accountability, hopefully can provide deterrent effects, rebuild public trust and improve the image of the judiciary in Indonesia

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