Judicial ethics violations: Legal aspect and the role of judicial supervision

Download This Article

This work is licensed under a Creative Commons Attribution 4.0 International License.

Abstract

This research investigates judicial ethics violations in Indonesia and suggests remedies for the problem. It aims to understand the types and causes of these violations and inform potential legislative changes. The research methodology employed is a combination of qualitative and descriptive approaches. The study analyzes judicial commission court decisions on ethics violations by judges and conducts interviews with officers of the Judicial Commission of Indonesia. This approach allows for a thorough examination of the trends in ethical violations and the contributing factors. The main findings of the paper highlight the various forms of ethical violations, including lack of professionalism, discipline, fairness, honesty, and integrity. The research identifies factors such as intervention by court leaders, a culture emphasizing authority, lack of independence in family-related cases, and inadequate knowledge and culture of upholding professional principles as contributing to these violations. The conclusion emphasizes the need to strengthen external supervision by the Judicial Commission and to require the Supreme Court to obtain recommendations from the Judicial Commission before promoting judges. The paper highlights the relevance of its findings in informing potential amendments to legislation and promoting transparency, accountability, and ethical conduct among judges.

Keywords: Violation, Professional Ethics, Supervision, Judges

Authors’ individual contribution: Conceptualization — S.M. and M.A.; Methodology — S.M. and M.A.; Investigation — S.M. and M.A.; Resources — S.M. and M.A.; Writing — Original Draft — S.M. and M.A.; Writing — Review & Editing — S.M. and M.A.; Supervision — S.M. and M.A.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K0, K1, K3, K4

Received: 23.03.2023
Accepted: 30.08.2024
Published online: 05.09.2024

How to cite this paper: Marzuki, S., & Ali, M. (2024). Judicial ethics violations: Legal aspect and the role of judicial supervision. Corporate Law & Governance Review, 6(3), 17–26. https://doi.org/10.22495/clgrv6i3p2