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THE ROLE OF LEGAL PROFESSIONAL ETHICS AS AN EFFORT
FOR GOOD LAW ENFORCEMENT
Introduction
Ethical values do not only belong to one or two people, or a group of people but to
every group of society, even the smallest group, namely the family to a nation. With these
professional ethical values, a group is expected to have a value system to organize life
together.
Ethics is the concept of good or bad character or behavior. Ethics are ideas, ideals
about the desirability of good human actions or behavior. Ethics always provides good
examples, while morals always evaluate the implementation of the examples provided by
ethics. Therefore, an ethical person is one who sets an example of exemplary behavior, while
a moral person is one who acts on that example.
One of the aspects highlighted by ethics and morals regarding the behavior of a
person's actions is in the field of work expertise called a profession. Due to the profession as
a job about theoretical and technical expertise, which relies on honesty, so that the
dependence and expectations of people who need help are very large in order to implement a
system of justice, so that the bearers of a profession are required certain prerequisites in
carrying out and carrying out the duties and functions of their profession, in order to truly
work professionally in their field. This professional group is often the center of attention
because it has a written value system (namely the professional code of ethics). The public
spotlight becomes sharper when the behavior of some members of the profession is not based
on the values of a mutually agreed association (contained in the professional code of ethics).
The professions engaged in the field of law include judges, prosecutors, police,
advocates, notaries and various elements of agencies authorized by law. Legal professionals
are public officials in their respective fields. Therefore, the main task of the profession is to
provide public services to the public without discrimination based on applicable legal
provisions.
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Discussion
The Role of Ethics in the Profession
As a field of philosophical study, especially moral philosophy, ethics has long been an
intellectual discourse of philosophers. It has been the center of attention since the time of
Ancient Greece. Even today, ethics remains an interesting and actual field of study. It is even
considered increasingly important to not only be discussed in academia but also practiced in
the daily life interactions of every civilized human being.
Aristotle was the first great thinker and philosopher to speak about ethics in a critical,
reflective and comprehensive manner. Aristotle was also the first philosopher to place ethics
as a separate branch of philosophy. Aristotle, in this context, is more concerned about a good
life and how to achieve that good life. That is, a life that is meaningful, reassuring, and
dignified. In Aristotle's view, human life will become more quality/meaningful when humans
achieve what is the purpose of their life. By achieving the purpose of his life, it means that
man reaches his full self. Humans want to achieve what is called value, and that is the
ultimate goal of human life, namely happiness, eudaimonia. According to Hook, ethics is
concerned with the question of (moral) choice for humans. An ethical state is a choice
between good and bad, sometimes also a choice between vices. In the process of making the
decision to choose lies the ethical situation. For Thompson, ethics is a world of principles and
is governed by moral imperatives.
Ethics is a conception of the good or bad character or behavior of a person.
Meanwhile, morals are the good or bad behavior of a person. Ethics are ideas, ideals about
the goodness of human actions or behavior. Ethics always provides good examples, while
morals always evaluate the implementation of the examples given by ethics. Therefore,
people who are ethical A moral person is one who models exemplary behavior, while a moral
person is one who acts on that example.
Professional ethics is an ethical attitude as an integral part of the attitude of life in
living life as a professional bearer. Only the bearer of the profession concerned himself can or
knows best about whether his behavior in carrying out the profession meets the ethical
demands of his profession or not. Because they do not have technical competence, lay people
cannot judge that. This means that adherence to professional ethics will largely depend on the
character of the person in charge of the profession. In addition, profession bearers are often
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faced with situations that pose complicated problems to determine what behavior meets the
demands of professional ethics. Meanwhile, the behavior in the exercise of the profession can
have far-reaching (negative) consequences for justice seekers. The above-mentioned fact
shows that the professional bearers themselves need more concrete objective guidelines for
their professional behavior. Therefore, from within the environment of the profession itself, a
set of rules of behavior was raised as a guideline that must be obeyed in carrying out the
profession. The set of rules is called a professional code of ethics (code of ethics), which can
be written or unwritten. At present, the code of ethics is generally in a written form that is
formally established by the professional organization concerned. Basically, the code of ethics
aims to on the one hand maintain the dignity of the profession concerned, and on the other
hand to protect justice seekers (the public) from abuse of professional expertise and / or
authority. Basically, the code of ethics belongs to the group of positive moral rules.
The relationship between ethics and the profession, especially the legal profession,
that professional ethics is as an attitude of life, in the form of a willingness to provide
professional services in the field of law to the community with full involvement and expertise
as a service in order to carry out duties in the form of obligations to the community in need of
legal services with careful reflection. Keiser as quoted by M.Nuh said that professional ethics
is the ability to fulfill professional services for clients. The following are the main rules of
professional ethics:
The profession must be lived as a selfless service, that is, the considerations taken are
the interests of the client and the public interest, not the personal interests of the
professional bearer. If this is ignored, the exercise of the profession will lead to abuse
of the profession to the detriment of its clients.
Professional service puts the interests of the client first, which refers to the interests or
noble values of human beings that limit attitudes and actions.
Professionals must be oriented towards society as a whole.
Professionals must develop a spirit of solidarity with their peers.
This view points to the functional dimension of the professional code of ethics, which
can not only be used as a basis and foothold for optimizing and maximizing the ability of
professional organizer specifications for the benefit of the people (clients), serving with
acceptability and moral attitudes to individuals or groups who need their services, it can also
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be used as a personal moral reference to save professional bearers from the possibility of
being trapped in professional abuse. In addition, the professional code of ethics can be used
as a rule of game for professional bearers so as not to fall into unhealthy competence in their
community which can bring down the image and functional dimensions of their community.
The legal profession is one of the professions that demands the fulfillment of moral
values from its bearers. Moral values are the forces that direct and underlie noble actions.
Every legal professional is required to have strong moral values. Franz Magnis Suseno
suggests five criteria for strong moral values that underlie the personality of legal
professionals.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
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Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
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Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
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administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
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have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
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institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
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science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
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The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
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Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
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goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
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This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
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Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
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Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
17
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
18
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
19
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
20
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
21
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
22
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
23
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
24
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
25
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
26
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
27
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
28
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
29
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
30
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
31
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
32
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
33
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
34
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
35
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
36
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
37
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
38
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
39
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
40
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
41
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
42
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
43
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
44
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
45
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
46
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
47
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
48
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
49
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
50
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
51
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
52
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
53
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
54
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
55
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
56
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
57
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
58
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
59
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
60
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
61
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
62
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
63
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
64
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
65
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
66
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
67
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
68
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
69
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
70
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
71
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
72
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
73
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
74
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
75
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
76
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
77
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
78
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
79
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
80
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
81
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
82
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
83
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
84
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
85
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
86
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
87
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
88
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
89
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
90
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
91
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
92
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
93
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
94
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
95
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
96
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
97
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
98
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
99
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
10
0
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
10
1
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
10
2
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
10
3
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
10
4
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
10
5
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
10
6
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
10
7
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
10
8
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
10
9
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
11
0
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
11
1
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
11
2
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
11
3
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
11
4
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
11
5
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
11
6
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
11
7
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
11
8
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
11
9
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
12
0
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
12
1
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
12
2
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
12
3
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
12
4
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
12
5
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
12
6
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
12
7
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
12
8
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
12
9
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
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0
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
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1
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
13
2
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
13
3
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
13
4
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
13
5
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
13
6
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
13
7
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
13
8
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
13
9
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
14
0
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
14
1
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
14
2
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
14
3
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
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4
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
14
5
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
14
6
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
14
7
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
14
8
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
14
9
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
15
0
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
15
1
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
15
2
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
15
3
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
15
4
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
15
5
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
15
6
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
15
7
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
15
8
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
15
9
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
16
0
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
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1
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
16
2
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
16
3
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
16
4
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
16
5
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
16
6
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
16
7
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
16
8
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
16
9
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
17
0
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
17
1
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
17
2
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
17
3
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
17
4
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
17
5
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
17
6
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
17
7
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
17
8
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
17
9
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
18
0
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
18
1
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
18
2
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
18
3
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
18
4
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
18
5
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
18
6
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
18
7
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
18
8
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
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9
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
19
0
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
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1
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
19
2
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
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3
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
19
4
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
19
5
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
19
6
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
19
7
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
19
8
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
19
9
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
20
0
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
20
1
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
20
2
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
20
3
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
20
4
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
20
5
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
20
6
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
20
7
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
20
8
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
20
9
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
21
0
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
21
1
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
21
2
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
21
3
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
21
4
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
21
5
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
21
6
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
21
7
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
21
8
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
21
9
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
22
0
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
22
1
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
22
2
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
22
3
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
22
4
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
22
5
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
22
6
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
22
7
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
22
8
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
22
9
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
23
0
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
23
1
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
23
2
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
23
3
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
23
4
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
23
5
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
23
6
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
23
7
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
23
8
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
23
9
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
24
0
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
24
1
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
24
2
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
24
3
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
24
4
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
24
5
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
24
6
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
24
7
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
24
8
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
24
9
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
25
0
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
25
1
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
25
2
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
25
3
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
25
4
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
25
5
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
25
6
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
25
7
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
25
8
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
25
9
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
26
0
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
26
1
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
26
2
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
26
3
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
26
4
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
26
5
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
26
6
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
26
7
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
26
8
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
26
9
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
27
0
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
27
1
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
27
2
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
27
3
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
27
4
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
27
5
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
27
6
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
27
7
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
27
8
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
27
9
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
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0
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
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1
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
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2
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
28
3
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
28
4
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
28
5
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
28
6
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
28
7
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
28
8
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
28
9
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
29
0
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
29
1
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
29
2
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
29
3
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
29
4
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
29
5
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
29
6
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
29
7
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
29
8
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
29
9
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
30
0
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
30
1
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
30
2
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
30
3
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
30
4
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
30
5
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
30
6
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
30
7
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
30
8
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
30
9
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
31
0
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
31
1
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
31
2
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
31
3
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
31
4
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
31
5
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
31
6
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
31
7
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
31
8
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
31
9
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
32
0
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
32
1
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
32
2
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
32
3
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
32
4
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
32
5
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
32
6
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
32
7
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
32
8
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
32
9
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
33
0
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
33
1
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
33
2
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
33
3
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
33
4
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
33
5
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
33
6
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
33
7
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
33
8
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
33
9
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
34
0
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
34
1
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
34
2
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
34
3
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
34
4
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
34
5
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
34
6
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
34
7
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
34
8
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
34
9
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
35
0
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
35
1
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
35
2
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
35
3
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
35
4
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
35
5
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
35
6
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
35
7
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
35
8
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
35
9
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
36
0
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
36
1
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
36
2
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
36
3
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
36
4
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
36
5
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
36
6
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
36
7
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
36
8
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
36
9
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
37
0
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
37
1
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
37
2
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
37
3
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
37
4
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
37
5
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
37
6
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
37
7
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
37
8
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
37
9
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
38
0
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
38
1
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
38
2
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
38
3
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
38
4
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
38
5
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
38
6
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
38
7
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
38
8
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
38
9
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
39
0
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
39
1
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
39
2
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
39
3
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
39
4
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
39
5
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
39
6
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
39
7
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
39
8
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
39
9
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
40
0
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
40
1
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
40
2
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
40
3
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
40
4
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
40
5
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
40
6
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
40
7
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
40
8
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
40
9
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
41
0
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
41
1
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
41
2
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
41
3
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
41
4
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
41
5
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
41
6
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
41
7
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
41
8
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
41
9
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
42
0
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
42
1
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
42
2
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
42
3
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
42
4
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
42
5
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
42
6
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
42
7
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
42
8
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
42
9
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
43
0
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
43
1
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
43
2
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
43
3
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
43
4
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
43
5
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
43
6
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
43
7
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
43
8
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
43
9
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
44
0
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
44
1
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
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Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
Honesty
Honesty is the ultimate foundation. Without honesty, legal professionals deny the
mission of their profession, so they will become hypocritical, cunning and deceitful. The
attitudes contained in honesty are:
Open attitude, regarding client service, willingness / sincerity to serve or free of charge
This pertains to conduct that is not excessive, not authoritarian, not overbearing, not
rude, not oppressive, not extortionate.
Authentic
Authentic means living and showing oneself according to one's authenticity, one's true
personality. The authentic personality of a legal professional includes:
Do not abuse authority;
Putting the client's interests first;
Dare to take initiative and act wisely on your own, not merely waiting for superiors;
Not isolating oneself from social interactions.
Responsible
In carrying out their duties, legal professionals must be responsible, meaning :
Willingness to perform to the best of one's ability any task that falls within the scope of
one's profession;
act proportionally, without distinguishing between paid and free cases (prodeo);
willingness provide report accountability on implementation of its obligations.
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Moral Independence
Moral independence means not being easily influenced or not easily following the
moral views that occur around it, but rather forming judgments and having your own stance.
Moral independence means not being bought off by majority opinion, not being influenced
by considerations of profit and loss (selfishness), adjusting to the values of decency and
religion.
Moral Courage
Moral courage is loyalty to the voice of conscience that expresses a willingness to risk
conflict. Such courage includes:
Reject all forms of corruption, collusion bribery, extortion.
Reject any form of settlement through unauthorized backdoors.
According to Sumaryono as quoted by Abdulkadir Muhammad mentioned five
problems faced as a serious obstacle, Some of the problems of the legal profession, among
others:
Quality of Knowledge of Legal Professionals
Every legal professional must have knowledge of law as a determinant of the quality
of professional legal services. This has become the goal of higher education in the field of
law. According to the provisions of article 1 of the Decree of the Minister of Education and
Culture No. 17/Kep/O/1992 concerning the National Curriculum for the Field of Law, the
undergraduate education program in the field of law aims to produce law graduates who:
Mastering United States law;
Able to analyze the law in society;
able to use law as a means to solve concrete problems wisely and still based on legal
principles;
Mastering the scientific basis for developing law and legal science;
Recognize and be sensitive to justice and social issues;
This goal can be achieved not only through higher legal education programs, but also
based on experience after law graduates work according to each legal profession in society.
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Laws are norms that regulate all aspects of people's lives. The main task of legal
professionals is to interpret the law carefully and precisely. In addition, legal professionals
must also be able to form new laws in accordance with the spirit and formulation of the
existing legal system. The skills required are theoretical and technical abilities rooted in a
deep knowledge of the meaning of law, and proven ability to instill a sense of law in society
as part of the nation's culture.
Abuse of the Legal Profession
Abuses can occur due to the rivalry of individual legal professionals, or due to a lack of
self-discipline. in the legal profession two things can be seen that often contradict each other:
on the one hand, ethical ideals that are too high, and on the other hand, the practice of
lawyering that falls far below these ideals. In this regard, no legal professional wants his or
her career to be hampered because of too high professional ideals and therefore provide
services that tend to be self-serving. Many legal professionals use their professional status to
create money or for political purposes. Abuse of the legal profession can also occur due to
pressure from clients who want their cases to be completed quickly and of course win.
Clients do not hesitate to offer quite lucrative fees either to legal counsel or to the judge
hearing the case. In this case, there is a fight, who pays dearly is the one who will win. law
enforcement is used as a business arena for brutal legal abuse. On the one hand, law enforcers
switch from justice to income, and on the other hand, clients undermine the authority of the
law and law enforcers win.
The Legal Profession Becomes a Business Activity
What is meant by business activity is an activity whose main purpose is to seek as
much profit as possible. If the activity is the activity of the legal profession, then it is said that
the legal profession is a business activity. So, the measure to state that the legal profession is
a business service activity or a public service activity lies in its main purpose. It is recognized
that in terms of its purpose, the legal profession is distinguished between the legal profession
engaged in business services and the legal profession engaged in public services. Business
service legal professions carry out work based on business (commercial) relationships, the
rewards received are determined according to business standards. Examples are consultants
who handle trade contracts, patents, brands. Whereas the public service legal profession
carries out work based on the public interest either with pay or without pay. Examples of
public service legal professions are courts, notaries, LBH, even if there is a fee, it is a work or
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administrative fee.
Currently, it can be said that the legal profession tends to turn to business activities with
the main objective: how much to pay, not what to do. This has become pervasive in all types
of legal professions in the field of public services, the cost of making notarial deeds is
expensive, the cost of cases in court is expensive, because it is businessized. Whereas the
purpose of the creation of laws regulating the public interest is to improve the welfare of the
community, not to torment the community. Thus, public services provided by legal
professionals have changed from being ethical to being businesslike.
Lack of Social Awareness and concern
Social awareness and concern are service criteria for legal professionals. This is
manifested in the fact that the interests of the community take precedence over personal
interests, service takes precedence over payment, and moral values are emphasized over
economic values. However, the symptoms observed now seem to be different from what
should be carried out by legal professionals. These symptoms show the fading of confidence
in the authority of the law. Among the symptoms is that legal professionals have begun to sell
their services for higher incomes. In society, they provide themselves for the welfare of
humanity, in their professional activities they become hired guns who are paid handsomely
by their clients. Legal professionals spend a lot of time advising private business clients on
how to enforce the law in ways that violate the law, such as how to collude to resolve credit
problems through backdoor deals, avoiding expensive taxes. Regardless of the type of legal
profession, legal professionals are public servants and servants of the law who are oriented
towards the interests of society, not just personal interests.
Continuation of Obsolete System
Legal professionals are part of the justice system, helping to disseminate a system that
is considered outdated because it contains many provisions of law enforcement that are no
longer appropriate. In fact, legal professionals serve the interests of people who live in a
modern society. In the past, various contraceptives were not known, which are now actually a
necessity for the followers of the family planning program, but they are not supported by the
criminal law provisions on the offense of decency which are still in effect today. Progress
science and technology in the field of computers that can lead to new models of crime, the
field of medicine that leads to illegal drugs such as ecstasy, the perpetrators of these crimes
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6
have not been able to be reached by the current criminal law.
Professional Code of Ethics
The professional code of ethics is a guideline for attitudes, behavior and actions in
carrying out tasks in everyday life. A professional code of ethics can be a counterweight to
the negative aspects of a profession so that a professional code of ethics is like a compass that
shows the moral direction of a profession.8 As well as ensuring the moral quality of the
profession in society. In order for the code of ethics to function properly, the absolute
requirement is that the code of ethics is made by the profession itself. The code of ethics will
not be effective if it is simply dropped from above, namely government agencies or other
agencies, because it is not imbued with the ideals and values that live in the professional
circles themselves. Outside agencies can only recommend creating a code of ethics and can
also assist in formulating it. To function properly, a professional code of ethics must be a
self-regulation of the profession.
By creating a professional code of ethics, a profession will set black on white to
realize the moral values it considers essential. Only a code of ethics that contains values and
ideals accepted by the profession itself can be ingrained and become the foundation of hope
to be implemented diligently and consequently. Another requirement that must be met in
order for the code of ethics to work well is that its implementation is monitored continuously.
Against the possibility of bad things happening, namely professional demoralization, it is
appropriate if the profession is followed by a moral foundation or normative rules that can be
appointed as a code of ethics. Some functions of the code of ethics include:
The code of ethics is intended as a reference for moral control or a kind of behavioral
supervision whose sanctions are more concentrated psychologically and
institutionally. Professional actors who violate, in addition to violating the applicable
statutory provisions can also be morally responsible based on their professional code
of ethics. Therefore, in connection with the values of values and interests involved in
it, professional bearers are required to carry out professional services imbued with an
ethical attitude.
The professional code of ethics leads to the formation of strong moral integrity among
professional bearers. With this strong integrity, it is expected that the complexity and
accumulation of challenges can be answered without the need to damage the
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institutional image.
The dignity or identity of a professional organization will also be determined by the
quality of empowerment of the organization's own professional code of ethics. With a
code of ethics, not only can clients articulate their rights, but the interests of the state
in general can also be safeguarded.
The professional code of ethics is a reference so that members of the profession
remain dignified in their profession. With this code of ethics, a profession that is
carried out will avoid communities and interactions that are wild and tend to tolerate
various ways of violating norms.
The code of ethics becomes even more important when the challenges facing the legal
profession are increasingly severe and complex. The functional aspect of the legal profession
associated with the code of ethics is more entrusted with its application or empowerment to
the organizers of the legal profession itself, while the community (clients) is limited to
playing its control function. The choices, decisions, creations, and mobility of the legal
profession will not be able to fulfill their results if the organizers of the legal profession lack
and do not have good intentions to empower them.
The role of legal professional ethics in good law enforcement
The counter manifestation of a code of ethics is the implementation of guidelines or
behavioral guidance that has been outlined by a code of ethics in the profession. The
implementation of a profession that is a work of community service. This results in the
implementation of professional ethics in the code of ethics related to the culture that develops
in society.
This culture, in its idiomatic form, is a collection of ideas and values that give direction
to and regulate human behavior in society. This manifestation includes ethics in general.
Besides that, culture has elements, including science. Based on this: science is related to
culture, then the application and development of science is related to the culture of the
community concerned.
The above is associated with the implementation of a desired by professional ethics
requires the application of certain knowledge to solve / solve community problems, then the
application of science is also related to the cultural values of society. So the utilization of
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science in the implementation of the profession must not contradict the values (ethics) within
the cultural framework of society, so that the profession concerned brings society to its
people. Although in science in certain professions it is possible, this does not have to be done
if ethics limit it, for example; for the purposes of science in new medicine must be tested
which is most appropriate for humans, of course this is unethical if humans are used as
guinea pigs. In the field of law, for example; investigations carried out by the police, in police
science are required to successfully uncover every crime, known various techniques in the
examination to obtain factual information, then used by coercion and even torture. Of course
this is ethically unacceptable.
Professional ethics basically contains values that provide demands for behavior, as does
the law. Professional ethics and law can both be seen as part of culture. Furthermore, when
compared, the law requires that human behavior be in accordance with the rules of law
applied. Ethics, on the other hand, seeks to ensure that people's inner attitudes are in good
order. Here the aim is not the fulfillment of the outward attitude of action but the inner nature
of man which is sourced in conscience, therefore it is expected to create a virtuous human
being. It can be emphasized again that the law and professional ethics have similarities and
differences. Both have normative properties and contain ethical norms, which are binding. In
addition, they have the same social purpose, which is for humans to do good in accordance
with the norms of society, and those who violate them will be sanctioned. The difference is
that sanctions in professional ethics only apply to members of certain functional groups /
members of a profession. Legal sanctions apply to all people in a society certain area, all
citizens/society. If there is a violation in professional ethics, it is handled by the tools in the
professional organization concerned, for example by the Honorary Council. Violations in the
field of law, this can be seen with the existence of regulations regarding professions generally
contain fundamental rights and have rules regarding behavior in carrying out their profession.
And this is realized in the Professional Code of Ethics as a must, obligation. Thus the
provisions in the code of ethics can be qualified as normative ethics that have a relationship
with the law, and contain provisions regarding:
Obligation to yourself,
Obligations to the general public,
Pressurization obligations,
Obligation to the person or profession being served.
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The implementation of the law in everyday life has a very important meaning because
what is the purpose of the law lies precisely in the implementation of the law. The
relationship between social order and normative factors as one of the instruments transforms
into legal order, in addition to the interests of community life for order in the fields of
politics, economy, security, culture and others. Legal order wants to create a safe and secure
atmosphere in society, therefore the rules must be enforced and implemented firmly through
legal certainty efforts. Logeman has clearly illustrated that legal certainty does not mean that
it must take shape in mere regulations, but may also take shape in the decisions of authorized
officials. Because in a real situation the law is in the form of a decision and in the abstract the
law is a regulation. The rule of law in its application to a particular event always has an
assessment to be resolved by a decision.
In law enforcement efforts in a country, there are several main actors whose roles are
very important, including judges, prosecutors, advocates, and police. Or better known as the
chess nation of law enforcement. Judges as executors of judicial power are law enforcement
agencies that represent the interests of the state, while prosecutors and police are law
enforcement agencies that represent the interests of the government, then advocates are law
enforcement agencies that represent the interests of the state representing the interests of
society. In this position, the role of advocates becomes important because they can maintain a
balance between the interests of the state and the government. Through the legal services they
provide, advocates carry out professional duties for the sake of upholding law and justice for
the benefit of the justice-seeking public.
A country must hope to have good law enforcers or organizers of the legal profession.
Through these legal organizers, juridical problems that befall the community can be expected
to be resolved. Organizers of the legal profession become the center or center of community
dependence. As a party that is the center of orientation, the organizers of the legal profession
need various requirements that can be prophetic completeness. Thus, the legal profession
becomes qualified. On the other hand, the state and society do not want the presence of legal
profession organizers who do not have ethical and juridical attitudes, because the vacuum of
ethical and juridical attitudes will result in the retreat of various concerning social problems
that threaten the resilience of society and state life.
45
0
Laws that are produced by hard work and spending large funds really need law
enforcers who are able to work hard in realizing juridical normative imperatives into reality
in the life of society and the state. One proof of realizing the law is when the legal profession
is able to show its power, when dealing with various crimes, both those classified as
conventional crimes and white-collar crimes.
The main benchmark for being a good organizer of the legal profession lies in the
independence of the organizers of the profession and the strength of their moral integrity or
having technical skills and having ethical maturity when facing the crimes they are
responsible for. To be a good organizer of the legal profession requires the presence of legal
scholars and legal practitioners who have the following attitudinal qualifications:
Humanitarian attitude, in law enforcement humans are always treated as human beings who
have personal nobility. Before the law, humans must be humanized and respected for their
rights, meaning that in law enforcement humans must be respected as individuals and at the
same time as social beings. Human dignity contained in human rights becomes the basic
principle of law, namely the basis of just and civilized humanity.11 In order not to respond
(respond) to the law formally only, that is, as a legal scholar, it is required from an early age
to be fond of analyzing and juridical interpretation in accordance with the aspirations and
dynamics of society, so that he does not lose, let alone displaced or degraded human
discourse. The demand to have a human attitude does not appear immediately, but through a
process that requires concentration in terms of synergy and intellect. If this attitude can be
possessed, then a legal scholar will be able to become a legal profession organizer who is not
classified as a "mouth / mouthpiece of the law" (la bauche de laloi), but as a humanist legal
profession organizer who has technical skills and ethical maturity.
An attitude of justice that is oriented towards human values. The provisions of the law that
have been successfully studied and delivered as a party that is the center of community
dependence are supposed to be if the attitudes aimed reflect and articulate the demands of the
community. Fulfillment of the demands of the community, which are actually their rights,
will determine whether they deserve to be called good organizers of the legal profession or
not. The attitude aimed at handling a legal case, for example, is not motivated by demands for
personal gain such as wealth and position stability, but is fulfilling the call of justice.
Showing a good attitude is not an easy thing for legal organizers. Things that lead to
45
1
goodness are often faced with various challenges that aim to kill the light of goodness. If
there are those who are passionate and firm in upholding the code of ethics, On the other
hand, there are usually a number of bullies who become empowered. The fair attitude aimed
by the legal profession organizers can be categorized as an expression of conscience that is
quite brave and noble, considering that with this attitude, the legal profession organizers
mean not to lose their identity and remain a winner because they are able to defeat various
challenges that try to tame their fair attitude.
Able to see and place objective values in a case handled. Legal organizers who are faced with
a client's case, what needs and must be put forward first is to examine and examine carefully
the chronology of the case. When the client conveys the background of the emergence of the
case (conflict), the legal organizer is required to be able to question, dialogue and conclude
the case until it arises and what is desired after the case occurs, including explaining the final
possibilities of the case based on the core objective issues and juridical footing that he
already knows. The discourse of objectivity is very important for legal organizers,
considering that this can not only be used as material to help resolve the cases they face, but
they will also be able to maintain their intellectual consistency in developing the discipline of
law. Such an organizer will be able to balance between da sollen and das sein. The discipline
of law that he has achieved remains confident and able to illuminate the interests of society,
and not the other way around, displaced by interests and ambitions that forget the normative
side and scientific references.
An attitude of honesty.
Law enforcers must be honest in upholding the law or serving justice seekers and
refrain from cheating. Honesty is related to truth, justice, decency, all of which express the
clean attitude and personal sincerity of a person who is aware of self-control over what
should not be done. Honesty directs law enforcement to act truthfully, fairly and
appropriately. Honesty is the control to act according to what is in accordance with the truth
of reason and the truth of conscience. Right according to reason, good according to
conscience. Right according to reason is accepted by conscience. Honest law enforcers carry
out the law as it should be, and it is in his or her judgment good. Honesty is evidenced by:
Actions are rational (correct), Service to justice seekers is humane (civilized), Speech is
gentle and friendly (polite), Women are treated reasonably and politely (respectful),
Considerations based on law and facts (appropriate).
45
2
This attitude can be said to be the highest moral guide for organizers of the legal
profession. as a supreme guide, there will certainly be risks and impacts that are quite
complementary to the life of society and the state if the attitude is not owned by legal
organizers. As an attitude that must be upheld in the implementation of the profession, the
responsibilities associated with it will be determined because of it. Legal cases will be
overcome and will not avoid the possibility of inviting new socio-juridical problems if the
commitment of honesty is still enforced by the organizers of the legal profession. cases that
arise in the midst of society, whether categorized as a form of violation of law or morals, not
a few of them are due to dishonesty committed by a person or social group. This honest
attitude is the basis for the implementation and establishment of national stability. The
community, especially the small people, will be able to enjoy a prosperous and harmonious
life if honesty is not eroded in the big people, including the organizers of the legal profession,
one of whose duties is to bridge the aspirations of the small people.
Conclusion
Legal professional ethics (professional code of ethics) is an integral part in regulating
the behavior of law enforcers as a form of good law enforcement as well as justice. Law
enforcement requires an attitude of moral integrity, this attitude is an asset for organizers of
the legal profession in carrying out their professional duties. The main benchmark for
organizing the legal profession in upholding the law lies in the independence of professional
organizers and the strength of moral integrity when facing various problems that are their
responsibility. To be a good organizer of the legal profession in carrying out its professional
duties in upholding the law requires practitioners who have qualifications of attitude,
humanitarian attitude, attitude of justice, able to see and enforce the law placing objective
values in a case, being honest, and having technical skills and ethical maturity.
