LAW ENFORCEMENT PROFESSIONAL ETHICS
ARIZONA STATE UNIVERSITY
PHI 307 - PHILOSOPHY OF LAW
WEEK 8
A.
Job Linkages and Professions :
Since ancient times even in ancient times, humans will do everything possible to survive.
Making efforts to survive because of their nature, which is a living creature, requires food.
Starting with hunting and gathering activities which then developed until the time of
farming. All of these activities are "work" activities.
The type of work done by humans in ancient times was very different from today.
Because in ancient times it was only centered on using energy or physicality. However, with
the existence of human evolution as explained by Charles Darwin, that living things
including humans experience biological improvements. One of the consequences of these
biological improvements is the development of the human brain. This causes humans to no
longer only use their physicality but also their intelligence. The work that is successfully
developed because of this human intelligence will eventually produce a profession.
A job itself according to Abdul kadir Muhammad can be divided into three types,
namely:
1.
Work in the general sense, i.e. any work that prioritizes physical abilities, whether
temporary or permanent with the aim of earning income (wages).
2.
Work in a specific sense, i.e. work that prioritizes physical or intellectual abilities,
whether temporary or permanent with the aim of dedication.
3.
Work in a specific sense, i.e. work in a particular field, emphasizing physical and
intellectual abilities, is permanent, with the aim of earning income.
There is a close relationship between work and profession. A profession is a job that a
person is engaged in. However, not all jobs can be classified as professions, because the
things that are done, which are classified as professions, have specificities, among others:
1.
Work as a profession.
Work or occupation covers a very broad field, and is not limited to certain fields. Not all
work can be classified as a profession. Only certain occupations, which are carried out
as a principal activity to earn a living and which rely on a skill can be called a
profession.
2.
General professions and specialized professions.
The main thing that distinguishes a specialized profession from other professions is its
emphasis on community service. People who practice a noble or specialized profession
also need to make a living from the activities of that profession. However, the main goal
is to serve and serve the community. The service and devotion is given and even lived
as a call from the one who calls and assigns them to convey love to those in need.
B.
Definition Profession:
A profession is a permanent job for a long period of time based on special expertise
obtained from certain educational results in accordance with the profession that is occupied,
in pursuing the work is done with full responsibility whose purpose is to earn income.
People who practice a profession are called professionals.
In carrying out a profession, a person must have an attitude of professionalism where
personal interests must be put aside and prioritize the interests of people in need. In this
case, apart from being inseparable from the purpose of a person doing a profession, namely
to earn income, it must not override the goal of self-service to the community.
A person is said to be professional if in obtaining knowledge about his professionalism
is obtained in a special education, through examinations and has obtained a professional
license in accordance with a certain field so that it is considered appropriate to carry out the
profession.
C.
Profession Characteristics:
According to Ignatius Ridwan Widyadharma, professions in general have characteristics,
namely the existence of special knowledge, the existence of moral standards and rules,
working with an orientation towards community service and interests, the existence of
special permits to carry out the profession, the existence of the professional organization. So
a person can be said to be a professional in a particular profession if he upholds and carries
out the code of ethics as agreed upon in his organization. A professionalism that is carried
out without ethics will result in professionalism becoming a controller and only directing or
likened to "free wings" (vleugel vrij).
Moving on from the previous definition of a profession, in general there are several
characteristics or traits that are always attached to a profession, namely:
1.
There is specialized knowledge, which usually comes from years of education, training,
and experience.
2.
There are very high moral rules and standards. This is usually every professional actor
bases their activities on a professional code of ethics.
3.
Serving the interests of society means that every professional must put personal
interests below the interests of society.
4.
There is a special license to practice a profession. Every profession will always be
related to the interests of society, where human values in the form of safety, security,
survival, and so on, so to carry out a profession there must first be a special license.
5.
Professionals are usually members of a profession.
E.
Sumaryono gives three specific characteristics in the general view of a profession,
namely:
1.
Special Preparation or Training
A preparation is an act in which there is a precise knowledge of the fundamental facts
on which professional measures are based, as well as the ability to apply that knowledge
in a practical way.
2.
It refers to a membership that is permanent, firm, and distinct from other memberships.
In this case, a professional profession can be carried out on the condition that each
bearer of the profession is required to have a certificate, business license, or license to
practice.
3.
Acceptability as a Service Motive
Acceptability, as opposed to the money-making motive, is the hallmark of all
professions. Therefore, the main purpose of a profession is not merely to make money
but to prioritize the interests of society in general. On the other hand, a profession is a
means of livelihood for a person and the person in the profession needs and is deemed
necessary to obtain compensation, which is a reward for his or her services.
D.
Definition of Profession Law:
There are various types of professions in the world, such as doctors, accountants, lawyers,
and so on. It can be seen that law is one of the types of professions available. However, the
thing that distinguishes it is clearly related to the field that is occupied, which is of course in
the field of law. Therefore, the legal profession is closely related to law enforcement. Parties
served by the legal profession are often referred to as clients.
From the previous descriptions, a legal profession is a job that is carried out
professionally and related to the law. Where in obtaining a license to carry out the legal
profession must take special education in accordance with the major or concentration of the
legal profession of interest, because in the legal profession itself there are several types of
work. For example, a lawyer, a person can carry out the legal profession as a lawyer if he
has taken the Advocate Professional Special Education (PKPA) stipulated in Article 2
paragraph (1) of Law Number 18 of 2003 concerning Advocates, has passed the Advocate
Professional Examination (UPA) held by an advocate organization in this case is Peradi
(Indonesian Advocates Association), the next stage is to carry out an internship in an
advocate's office for at least two consecutive years contained in Article 3 paragraph (1).
(1) letter g of the Advocate Law, and in Article 4 paragraph (1), (2), and (3) of the Advocate
Law, the last requirement is to take an advocate's oath at the State High Court in the area of
legal domicile with a minimum age of 25 years (Article 3 paragraph (1) letter d of the
Advocate Law). All the requirements here must be met if you want to carry out a profession
in the field of law as a lawyer or advocate. Other examples of the legal profession are in the
fields of Justice, Prosecution, and so on.
E.
Professionalism in the Profession Law:
In a community group, relationships occur with each other. Which in this relationship does
not rule out the possibility of a clash of interests between individuals who are one another.
This is one simple example of a problem that exists in society. Another more complex
example is the relationship between a State and its citizens, the State must be given limits of
authority so that it does not become authoritarian and forget the mandate of its citizens.
The legal profession has a role to assist relationships between communities and between
communities and the State. So that the interests and rights of one another continue to run
according to their respective portions. Then to carry out a legal profession in order to
achieve the ideals, spirit, and pure purpose of the existence of a legal profession, a person is
required to carry out his profession professionally. The existence of the legal profession
itself has the aim of helping to create legal goals (justice, certainty, and benefits) for the
community. Although in practice it is often the case that one of these legal objectives is felt
to be less obtainable. What often happens is the relationship between legal justice and legal
certainty which tend to contradict each other. But at least as a professional in the legal
profession will definitely try as much as possible to achieve these three legal objectives.
Therefore, someone with the legal profession acts as a pawn who must lead so that the legal
objectives can be achieved properly. Given that there are so many deviations that occur
today.
In its existence, every code of conduct or professional ethics of every profession, which
also includes the legal profession, has obligations for itself, namely:
1.
Obligation to oneself;
2.
A public obligation;
3.
Obligation to those served;
4.
Obligations to the profession.
As Ignatius Ridwan Widyadharma argues, in carrying out his profession a professional
must have the ability to have ethical awareness (ethical sensibility), the ability to think
ethically (ethical reasoning), act ethically (ethical conduct), and lead ethically (ethical
leadership). These abilities are a basic foundation so that a professional can carry out his
profession professionally.
An explanation of the foundation of the abilities that a professional must have in
carrying out his profession. The first is that a person is said to be able to have ethical
awareness if that person can determine what is or is not an ethical act. For example, it can
tell the opponent of the trial if in the case of examining witness testimony, the opponent
expresses remarks that direct the witness to a certain opinion. Second, being able to think
ethically means that as a professional, it should also be supported by intelligent thoughts
that will lead him to be able to act professionally. Third, acting ethically has a close
relationship with ethical thinking, this is because a professional's actions will certainly be
thought about in advance about good and bad, whether it should be done or not. This can be
exemplified by honesty, between a professional and the people he serves must uphold
honesty so that trust between the two can be created. And the last is having the ability to
lead ethically, a professional has a very good personality and leadership spirit, highly
respected and respected by its members. But not based on fear of his leadership but respect
for one's authority. A good leader can direct a group to achieve agreed goals effectively and
efficiently. The four foundations of ability have a relationship with each other that cannot be
separated, because between the foundations of ability one with the other support each other.
These abilities cannot be possessed instantly, which means it requires a long process in its
formation.
In its implementation, the legal profession often faces challenges that become obstacles
to the creation of professionalism in the legal field, namely:
1.
The qualities possessed by those in the legal profession;
2.
Abuse and malfeasance of the legal profession;
3.
The declining morality of those in the legal profession;
4.
Declining levels of social awareness and concern.
So a red thread can be drawn that a professional must have reliable and qualified
knowledge in the field of law. So that when people want to ask for help to use their services,
it can be carried out very competently and with quality. With the satisfaction obtained by
the community as clients in the legal profession, it will also greatly affect the existence of
the law itself.
F.
The Relationship between Ethics and Profession Law:
Ethics and the legal profession have a relationship with each other, that professional ethics
is an attitude of life, which is in the form of a willingness to provide professional services in
the field of law to the public with full involvement and expertise as a service in order to
carry out tasks in the form of obligations to people who need legal services accompanied by
careful reflection, and therefore in carrying out the profession there are main rules in the
form of professional ethics.
Professional ethics itself is a science of rights and obligations based on certain expertise
education. This basis is necessary in professional ethics. So that there are no deviations that
cause discrepancies. Professionalism is very important in a job, not only loyalty but
professional ethics are very important. Ethics are very important in solving a problem, so
that if a profession without ethics there will be deviations that result in injustice. Injustice
felt by others will result in a loss of trust which has a very bad impact, because trust is a
basis or foundation used in a job. The professional code of ethics functions as a protector
and professional development. With the existence of a professional code of ethics, we still
encounter many violations or abuse of the profession. Moreover, if there is no professional
code of ethics, there will be more violations. There will be more and more There are many
abuses of the profession. Therefore, there are limits to professional ethics in the legal field
that can be used as guidelines so that deviations in the legal profession can be avoided,
namely as follows:
1.
The orientation must be a service that leads to one's devotion in the legal profession. If
this is applied then in carrying out the profession it will be done seriously and selflessly.
2.
Do not differentiate services to one individual from another. So that the perpetrators of
the legal profession will try to treat everyone the same.
3.
Together with colleagues to always cooperate and help each other in good things in
order to exchange ideas and lighten the burden.
From the description above, it can be seen that the existence of ethics, a code of ethics
for duty bearers in the legal profession in addition to being a professional must be fenced
off with a code of ethics that must be obeyed. If not, it will cause disharmony in the life of
society.
In the legal profession, there are several kinds of professions related to law, including
the following:
G.
Professional Ethics of Judges at Indonesia
Court Official Ethics
Court officials are required to be able to combine the character of their profession which
will display their personality in realizing the goals and objectives that have been
determined. So some attitudes or characteristics of court officials that should be realized
include:
1.
Piety and Tawakkal
Every time an officer starts to carry out his/her duties, he/she will be sworn in and one
of the main requirements is to be devoted to God Almighty. This is very important for
an apparatus considering that in carrying out daily tasks, they always face problems,
which ones are allowed and which ones are not.
should be done and which should not and should be avoided. A pious person must
always strive to be able to carry out all commands and at the same time try to avoid all
His prohibitions. So that in all good efforts his efforts are always based on devotion to
God Almighty, as well as surrender and tawakkal in all circumstances.
2.
Willingness and Ability to Self-Regulate
The nature or attitude of being willing and able to manage oneself is the beginning of
effective court leadership and management. To achieve this willingness and ability,
court officials need to know their strengths, skills and abilities in the field of their
duties, both with regard to managerial skills and technical justicial, and court
administration, and also need to be aware of their shortcomings, weaknesses and
limitations. Without the willingness and ability to self-regulate, all forms of knowledge
possessed and existing legal rules will not bring much meaning and benefit.
3.
Exemplary
Exemplary behavior is essential for court officials. Court officials should maintain their
behavior and actions both inside and outside the office, this is something that is very
important to engage and gain community support in realizing the goals and objectives to
be achieved. For example, a leader who wants his subordinates to work hard must first
demonstrate his own work ethic. High quality work by a leader will serve as a reference
for his subordinates and in turn will achieve all that is expected of him in every task he
undertakes.
4.
Responsible
When a complaint apparatus does not have a sense of responsibility, it will be easily
dragged and tend to attitudes and actions that refer to its "own account". This attitude of
responsibility is not only to the group of institutions, but also to oneself and to God
Almighty.
Every apparatus is required to have a responsible attitude and nature, which is shown by
working hard, being responsive, resilient and agile in carrying out their duties.
The consequence and consistency of court officials will always improve themselves
towards the imposition of duties and legal services provided to justice seekers which
will bring and display the image and authority of the court itself. This responsible
attitude, among others, stems from a sense of belonging (sense of belonging) career
orientation and awareness of the position held as a blessing and gift from God Almighty
that should be grateful.
5.
Fair
Fairness is one of the characteristics that must be possessed by court officials in order to
uphold the truth to anyone without exception. Viewed from the Islamic religious level,
etymologically fair (al-'Adlu) means not one-sided, impartial or equalizing something
with others. Other terms for al-'Adlu are al-'Qistu and al-Mislu (equal parts or equal).
Terminologically, fair means to equalize something with another, both in terms of value
and in terms of size, so that something becomes unbiased and does not differ from one
another. Fair is also taking sides or adhering to the truth. Justice emphasizes the notion
of putting things in their place. Therefore, every court official is required to be fair in
serving justice seekers, because basically everyone has the same rights before the court.
6.
Airy and Open
Court officials, as people in charge of the court environment, are of course required to
have an attitude of spaciousness, forgiveness, and openness to suggestions, even
criticism addressed to them and not be narrow, closed in all matters, as long as the
suggestions and criticism are constructive (positive). This means that when a problem is
posed, they must try to find a solution, even though the conclusion and decision lies
within the control of the leadership.
7.
Darma Bakti and Partnership
Court officials should be helpful and aware that they are essentially no different from
other officials. They work and are tasked with contributing to the common good in
order to achieve predetermined goals. The division of tasks given by the leadership
should be carried out as a fulfillment of a sense of responsibility.
The partnership between leaders and subordinates must be harmonized so as to create a
conducive climate, cohesiveness, togetherness, and loyalty, as well as solidarity for the
success of a predetermined work. There must be good teamwork between officials in
order to uphold the image and authority of the court in carrying out their duties.
8.
Obedient and Obedient to the Leader
Every government agency, in carrying out its duties, is certainly supported by all the
regulations needed by the agency concerned. But keep in mind that in implementing a
certain regulation, a leader still needs a policy, because basically a regulation is not
necessarily in accordance with the environmental atmosphere in which it is applied or a
regulation is not necessarily in covering all actual events and circumstances. So all laws
and regulations and leadership policies in order to achieve the desired goals require
compliance and obedience of the apparatus to the leadership. If this is neglected, then
the success point to be achieved in carrying out the task will be difficult to realize.
The reality that is developing in society today, seen from the ability of the community
to provide a reaction or response to the world of justice, there are complaints directed at
the judiciary for uncertainty, specifically aimed at the figure of the judge as a party that
is closely related to the legal products produced.
H.
Judges as Representation of Justice :
Law enforcement that can be carried out properly and effectively is one measure of the
success of a country in raising the dignity of its people in the field of law, especially in
providing legal protection to its citizens. This also means that there is a guarantee of legal
certainty for the people, so that people feel safe and protected in living their lives.
Conversely, law enforcement that does not run as it should is an indicator that a country
concerned has not been able to fully provide legal protection to its citizens.
The more modern a society is, the more complex and bureaucratic its law enforcement
process will be. As a result, those who play an important role in the law enforcement
process are not only humans who become law enforcement officers, but also organizations
that regulate and manage the operationalization of the law enforcement process. At a more
fundamental level, in general, law enforcement reform that begins with the reform of the
judicial system must be carried out gradually (gradual). Jimly Asshiddiqie asserted that the
reform of the judicial system must involve institutional arrangements, instrumental and
personal regulatory mechanisms, as well as the work culture of the judicial apparatus and
the behavior of society as a whole.
1.
Judges in Ethical Perspective:
Ethical rules are rules concerning morals or relating to moral attitudes concerning values
regarding good and bad, worthy and unworthy, appropriate and inappropriate. Morals are
internal instruments that concern personal attitudes, personal discipline. Morals reflect
character. The ethical rules of judges, commonly called the code of ethics (code of conduct),
are related to the work of judges who are classified as professional occupations. A
professional attitude must be maintained by always improving expertise, which includes
substantive and procedural expertise. Errors or omissions in applying substantive or
procedural expertise constitute unprofessional conduct.
Referring to the understanding of the main duties, positions and functions of judges as
regulated and formulated both in legislation and through the code of ethics of the judges'
profession, it is appropriate if the judge has a great and deep hope by the justiciable, namely
the justice-seeking community, so that all duties and functions can be realized, if this is
realized, it can be learned that the role of judges is really great in directing and fostering
public legal awareness. Legal justice for justice seekers must be the main goal and breath of
the judge in handing down his decision. A good judge will always place his/her legal
decision as the guardian of the dignity of his/her wisdom. The decision will also show his
identity, existence and ability. Therefore, a judge will always place every legal decision in a
place where his reputation as a judge is at stake. A judge will never and cannot afford to
play around with his own legal decisions. As an answer to seekers of justice, it is incumbent
upon a judge to always ensure that legislation is applied correctly and fairly, and if the
application of legislation will cause injustice, the judge is obliged to side with justice and
set aside the legislation.
Borrowing the opinion of Moh. Mahfud MD, who stated that "the law is a political
product that views the law as a formalization or crystallization of political wills that interact
and compete with each other," so it is very possible that there are some living legal values
and a sense of community justice that are neglected, so they are not included in the
formulation of the formulation of the law. On this basis, if there is a dispute between the law
and the living legal values and sense of justice of the community, then the sense of justice
of the community must be explored first.
The integrity of a judge must always be maintained and preserved by carrying out a task
or responsibility that is best to provide satisfaction for the party served. For judges, integrity
takes the form of, among others, impartiality, giving equal attention and treatment to
litigants (fireness), maintaining honor, both when carrying out their duties as a judge or in
social life.
2.
Judge Independence:
Judges are functionally the core personnel of law enforcement in the implementation of the
judicial process. The parameters of whether or not judges are independent in examining
cases can be seen from the ability and resilience of judges in maintaining moral integrity
and commitment to professional freedom in carrying out their duties and authority from
interference from other parties in the judicial process. If judges are affected by interference
from other parties in carrying out their judicial duties and authority, it means that the judge
is less or not independent. Conversely, if judges are not influenced and remain objective,
despite psychological pressure and intervention from other parties, then the judge is a judge
who has a firm stand in his/her duties.
It is difficult to avoid intervention or interference from other parties, such as the
government and other extra-judicial bodies. Interference can also be carried out by
complaints from superiors, justice seekers or their attorneys and supporters. The existence
of this interference is very prone to cause collusion, bribery, and mafia in the judicial
process. In addressing this issue, it is highly dependent on the conscience of the judges
themselves. Do judges still uphold their ideals by maintaining their freedom and
independence, or are they forced to fall by various interventions from parties who want
justice not to be realized.
The judge's attitude in the judicial process will determine the objectivity in deciding a
case. Sahlan Said, a senior judge from the Magelang District Court in his writing stated that
the only position or profession that can represent God is a judge, because the authority
given to him is not only to imprison but also to take a person's life. Some expressions that
give a special position to judges include The last bastion for justice seekers. There is also an
extreme expression that all parts of society can be corrupted as long as the judges are not,
then everything will be fine.
As a follow-up to the above, the independence of judges supported by adequate
expertise is highly expected and increasingly important considering that in making
decisions, judges do not solely base themselves on the wording of articles of legislation.
The process of making a decision is a process of processing intellectual abilities, mastery of
substantive techniques and legal procedures, as well as the judge's knowledge of social
values that exist and develop in society. Furthermore, under certain conditions, judges are
required to make legal discoveries, namely in the event of a problem for which no answer is
found in the existing laws and regulations.
Judges who have high moral integrity in maintaining their independence, will be able to
function as good law enforcers in carrying out their judicial duties and authority are always
guided by fair and accountable legal principles. The litigants as seekers of justice also tend
to accept the decisions that have been handed down, and will even voluntarily carry out the
decisions, because they are considered to be in accordance with the feelings of public
justice. Conversely, for judges who are not or lack independence in the process of
implementing justice, it means that the judge is not a good and professional type of law
enforcer.
Because the judge is apparently unable to enforce the law objectively and
independently, but has harassed the dignity of his profession and polluted the world of law
enforcement. The judge does not have good moral integrity, is subjective, a priori, and even
tends to favor one of the litigants, as a result of the judge's lack of independence and
professional attitude, it will have an impact on justice seekers as victims and disadvantaged
parties.
As long as the judicial process is objective, the results of the judge's decision will also
be objective, regardless of whether the justice seekers are satisfied with it, is something that
is relative to one of the parties. A judge's decision may contain a high level of legal
certainty, but may not necessarily be perceived as fair and beneficial to justice seekers.
Conversely, a fair decision does not necessarily adhere to legal certainty, but whatever the
circumstances, moral integrity, objectivity, and professional attitudes and intellectual power
for judges are something that is ideal and must be found in judges.
I.
Position, Function, and Duties of Judges:
Judges are officials who carry out the duties of judicial power (Article 11 of Law Number 7
of 1989, Article 12 paragraph (1) of Law Number 5 of 1986), namely court officials who
are authorized by law to adjudicate (Article 1 of Law Number 8 of 1981). The term official
carries heavy consequences because its authority and responsibility are formulated in a
series of duties, authorities, obligations, characteristics, and certain attitudes, namely law
enforcement and justice.
A judge can also be defined as an official who presides over a trial. He or she decides
the punishment for the party charged. Judges must be respected in the courtroom and
violation of this can lead to punishment. Judges usually wear black. His powers vary in
different countries.
The Criminal Procedure Code in Chapter I on general provisions, Article 1 paragraph 8,
defines judges as state judicial officials authorized by law to adjudicate.
The word law is derived from the word "hakama" which means to review and determine
a fair thing with no bias, so fairness and justice are the purpose and core of law. Fairness
implies putting something in its place, to uphold the law and justice is charged with the
actions of judges as a consequence of the rule of law. As mandated in the constitution of
this country, namely the 1945 Constitution of the Republic of Indonesia CHAPTER I on
Form and Sovereignty Article 1 paragraph (3) which emphasizes that Indonesia is a state of
law and as we know that the law has three objectives, namely certainty, justice, and
expediency.
The rule of law, equality under the law, the principle of legality, limitation of powers,
independent executive organs, administrative courts, democratic judiciary, means to realize
the goals of the state, transparency and social control, as well as the protection of human
rights, free and impartial judiciary are important characteristics of the rule of law. A free
and impartial judiciary means that the judicial power is independent and detached from the
influence of government power and therefore there must be guarantees about the position of
judges.
Given the importance of the position of judges, Article 25 of the 1945 Constitution of
the Republic of Indonesia emphasizes that the conditions for becoming and being dismissed
as a judge are stipulated by law. In making decisions, judges are only bound by the relevant
facts and legal rules that become or are used as the juridical basis for their decisions. But the
determination of which facts include relevant facts and the choice of legal rules which will
be used as a basis for resolving the case at hand is decided by the judge concerned himself.
Thus, it is clear that the judge or judges have a great deal of power over the parties
(judiciary) with regard to the problem or conflict that is brought before the judge or judges.
However, this also means that judges in carrying out their duties bear a great
responsibility and must be aware of that responsibility, because the judge's decision can
have far-reaching consequences on the lives of the justiables and other people affected by
the reach of the decision. Unfair judicial decisions can even result in physical and mental
suffering that can remain with the justiables concerned for the rest of their lives.
The obligations of judges as one of the organs of the judiciary are contained in
CHAPTER IV Articles 27-29 of Law Number 14 of 1970 concerning Basic Provisions of
Judicial Power. While regarding the responsibility of judges, it is implied in Article 4
paragraph (1) Article 14 paragraph 1 of this Law sets out the obligations of judges, namely
that they must not refuse to examine and try a case submitted on the grounds that the law is
not or unclear, but are obliged to examine and try it.
In the explanation of Article 4 paragraph (1) it is stated that judges as organs of the
court are considered to understand the law. If they do not find written law, judges are
obliged to explore unwritten law to decide based on the law as a wise and fully responsible
to God Almighty, themselves, society, nation and state. In this regard Bisman Siregar,
argued that the law clearly emphasizes the responsibility of judges not to the state, not to the
nation, but first to God Almighty, and then to themselves expressed again that "if this is the
basis of the judge's responsibility, will he hesitate to test if necessary cancel regulations that
are contrary to Pancasila and God Almighty".
Regarding the obligations of judges, Law No. 14/1970 on the Basic Provisions of
Judicial Power is explained as follows:
1.
Judges are obliged to explore, follow, and understand the legal values that live in
society.
2.
In determining the severity of the punishment, the judge should take into account the
good and bad qualities of the accused.
3.
A judge must recuse himself/herself if the case he/she is hearing involves a member of
his/her family by blood up to the third degree or by consanguinity.
4.
Before taking office, judges are required to take an oath according to their religion and
beliefs.
French Bacon in Essays Or Counsels Civil and Moral: Of Judicalture, as translated by
Arief Sidharta, says as follows: judges should be more learned (intellectual) than clever
with the tongue, more useful than just being reasonable, and more living and knowing
relevant factors of the issue at hand rather than just beliefs. Above all, they must have
integrity and dignity.
It can be added that the issue of judges' responsibility is regulated in various laws and
regulations, among others:
1.
Law Number 8 of 1981 concerning Criminal Procedure;
2.
Law Number 14 Year 1985 on the Supreme Court;
3.
Law Number 2 of 1986 concerning General Courts;
4.
Law Number 5 of 1986 concerning State Administrative Courts; and
5.
Law Number 7 of 1989 concerning Religious Courts.
The position of Judge is a profession, because it meets the criteria, namely permanent
employment, a specific field (examining, adjudicating, and resolving cases), based on
special expertise (law), carried out responsibly (to God, the state, justice seekers, and to
conscience) and earning income.
In the history of the development of the code of ethics of judges, the professional ethics
of judges were first formulated by decree No. 2 of 1966 at a working meeting of high courts
and district courts together with the Supreme Court of the Republic of Indonesia using the
term Code of Honor of Judges which means all inner characteristics and outward attitudes
that must be owned and practiced by judges to ensure the upholding of the authority and
honor of the corp of judges which was further re-established in a joint decree of the
chairman of the Supreme Court of the Republic of Indonesia and the Minister of Justice,
March 1988. In subsequent developments, the code of ethics for judges that is used as a
reference today is based on the results of the 13th IKAHI national meeting, March 30, 2001
in Bandung.
The qualities that judges must have are symbolized by the five duties of judges, namely:
1.
The nature of Kartika (star) symbolizes the judge's devotion to God Almighty with their
respective beliefs according to the basis of civilized humanity.
2.
The nature of the Chakra (a powerful weapon of justice) symbolizes fairness, both
inside and outside the office. Within the office, judges are fair, unprejudiced or
impartial, earnestly seek truth and justice, make decisions based on conscience, and are
accountable to God. Outside the office, judges are respectful, orderly, and
straightforward, broad-minded, and seek mutual understanding.
3.
Candra (moon) symbolizes wisdom and authority. In the office, judges must have
personality, be wise, knowledgeable, patient, firm, disciplined, and devoted to their
profession. Outside the office, judges must be trustworthy, responsible, respectful,
graceful, and authoritative.
4.
Sari (fragrant flower) depicts a judge who is virtuous and behaves impeccably. In his
official life, he is trustworthy, polite, motivated to improve his service, eager to
progress, and tolerant. Outside of his office, he is always careful, polite and moral,
pleasant in social intercourse, tolerant, and tries to be a role model for the surrounding
community.
5.
Tirta (water) depicts the nature of a judge who is honest (clean), stands above all
interests, free from anyone's influence, selfless, and steadfast. Meanwhile, outside the
office, he must not abuse his trust and position, not be vain, and always be vigilant.
J.
Implementation of the Code of Ethics Judges
As a rule that must be used as a guide for a judge, the judge's code of ethics must be
implemented in the practice of daily life, both in the context of carrying out duties (in
court), peer relations, relations with subordinates or employees, community relations, and
family or household relations.
1.
Implementation in court
a. In a trial a judge must behave and act according to the lines specified in the law.
applicable procedures, with due regard to the principles of good justice, namely:
1)
Upholding a person's right to a decision where everyone has the right to file a
case and is prohibited from refusing to hear it unless otherwise provided by law
and the decision must be made within a reasonable time and not too long.
2)
All litigants are entitled to the same opportunity and treatment to be heard,
given the opportunity to defend themselves, submit evidence, and obtain
information in the examination process (affair hearing).
3)
Decisions are carried out objectively without being tainted by personal interests
or other parties (nobias) by upholding the principle (nemo judex in resua).
Decisions must contain reasons and be consistent with systematic legal
reasoning (resones and argumentations of decision), where the argumentation
must be monitored (controleer-baarheid) and followed and can be accounted
for (accountability) in order to ensure transparency and legal certainty in the
judicial process.
4)
Uphold human rights.
b. It is not permissible to show partiality or sympathy or antipathy to the litigants,
either in speech or behavior.
c. Must be courteous, firm, and discreet in presiding over the session, both in word
and deed.
d. Must maintain the dignity and solemnity of the trial by, among other things, being
serious in examining, not harassing the parties, either by word or deed.
e. Earnestly seek truth and justice.
2.
Towards fellow colleagues. Judges whose main task is to examine, try and resolve cases
will carry out these tasks in the form of a panel even though they are not in the same
position as their peers. It is possible to conduct trials with a single judge. Similarly, as a
judge, he or she cannot be separated from communicating with fellow judges.
Therefore, fellow judges must maintain and cultivate good working relationships with
each other; they must have a sense of comradeship, tolerance and respect for each other;
as well as awareness, loyalty, and respect for the corps of judges; in addition to
maintaining the good name and dignity of colleagues, both inside and / or outside the
office.
3.
Towards subordinates/employees. A judge as a law enforcer must be able to be a role
model; hence, he/she must have leadership qualities, and be able to guide subordinates
or employees to increase knowledge. He/she must have the attitude of a good
father/mother, and maintain a familial attitude towards subordinates/employees, and a
judge must be able to set an example of discipline.
4.
Towards the community. In life, a judge is part of the surrounding community, therefore
a judge must respect and appreciate, not be arrogant and not want to win alone. As part
of the community, the simple life that is felt by the majority of the community must also
be reflected in the judge.
5.
Against the family/household.
a. Safeguarding the family from reprehensible acts according to the legal norms of
decency.
b. Maintain family peace and needs.
c. Adapting home life to the circumstances and views of society.
A professional group is not only regulated by its own ethical rules/code of ethics, but
also by the rule of law. According to Article 1 of Law No. 8 of 1981 concerning the
Criminal Procedure Code (KUHAP), judges are State judicial officials authorized by law to
adjudicate. Then the word "adjudicate" as a series of actions of judges to receive, examine,
and decide cases based on the principles of the law free, honest, and impartial in the trial of
a case by upholding 3 (three) judicial principles namely simple, fast, and light costs. Judges
in Indonesia are located in the Supreme Court and four judicial bodies under the Supreme
Court consisting of general courts, religious courts, state administrative courts, and military
courts with absolute judicial power owned by each of these judicial bodies and regulated in
law as a legal umbrella for each of these judicial bodies.
Indeed, judges in Indonesia act as the main interpreters of legal norms that are still
abstract generalists into concrete events that occur. The profession of Judge is a profession
with humanitarian work that must not fall into dehumanizing logic mechanical that can fall
into the abyss of alienation of law from humans and humanity itself. Judges are responsible
for returning the law to the owner of the law, namely humans. Law for humans as a tool to
realize human welfare, not law for the law itself. Meanwhile, in the realm of ethics, the code
of ethics for judges is intended to maintain, uphold and defend professional discipline.
There are several elements of discipline that are regulated, maintained, and enforced on
the basis of the code of ethics as follows:
1.
Guarding, maintaining against professional acts or omissions.
2.
Maintain and preserve the integrity of the profession.
3.
Maintain and preserve discipline, which consists of several elements, namely:
a)
Obey the provisions or rules of law.
b)
Consistent.
c)
Always act as a good manager in managing cases, from the examination of files to
the reading of decisions.
d)
Loyalty.
Furthermore, in the code of ethics of judges or commonly referred to as the Code of
Honor of Judges, it is stated that judges have 5 (five) nature, both inside and outside the
officialdom. What is meant by in the office includes the judge's attitude in court, towards
fellow colleagues, subordinates, superiors, the attitude of the leadership towards fellow
judges, and attitudes towards other agencies. Outside the office includes the judge's attitude
as a person, in the household, and in society.
Structurally, a judge must have internal and external relationships, which basically
involve a lot of communication, both directly and indirectly. For the smooth running of
internal and external relations, it is necessary to place people whose attitudes are able to
protect themselves and the institution in which they are placed. This is how a judge who is
considered to have an honorable position should be.
Specifications of internal relations among judges include fostering and improving
harmonious relations with fellow judges and employees, paying attention to and improving
good working relationships in order to create harmony and peace so that it does not result in
cases that are adjudicated which are then very worried about the psychological influence of
judges in deciding cases, maintaining and improving relations with fellow law enforcers
(prosecutors, police, and advocates), reminding each other of the responsibilities they bear,
in order to prevent external influences that can hinder or confuse the realization of justice in
society.
K.
Professional Ethics of Legal Counsel (Advocates) in Indonesia:
Since the enactment of Law No. 18/2003 on Advocates, Advocates seem to separate
themselves from the interference of other judicial institutions. Previously, the appointment
of an advocate went through the Minister of Justice after passing an examination conducted
by the Minister of Justice. Meanwhile, Article 2 paragraph (1) of the Advocates Law states
that "those who can be appointed as Advocates are graduates with a background in legal
higher education and after attending special education for the Advocate profession
conducted by the Advocates Organization". And in paragraph (2) it is stated that "The
appointment of Advocates is carried out by the Advocates Organization". Meanwhile, the
requirements to be appointed to become an Advocate (based on Article 3 paragraph (1) of
the Advocates Law) are as follows:
a.
INDONESIAN CITIZEN;
b.
residing in Indonesia;
c.
is not a civil servant or State official;
d.
at least 25 (twenty-five) years old;
e.
a bachelor's degree with a background in legal higher education as referred to in Article
2 paragraph (1);
f.
passed the examination held by the Advocate Organization;
g.
at least 2 (two) years of continuous internship at an Advocate office;
h.
has never been convicted of a criminal offense punishable by 5 (five) years or more
imprisonment;
i.
behave well, be honest, responsible, fair and have high integrity.
To maintain professionalism in the legal profession, Article 26 of the Advocates Law
states that:
(1)
To maintain the dignity and honor of the Advocate profession, a code of ethics for
the Advocate profession is prepared by the Advocate Organization.
(2)
Advocates must submit to and comply with the Advocate professional code of ethics
and the provisions regarding the Advocate Organization Honor Council.
Article 1 letter (a) of the Indonesian Advocates Code of Ethics states that "an advocate
is a person who practices providing legal services, both inside and outside the court who
meets the requirements under applicable law, either as an advocate, lawyer, legal advisor,
practicing lawyer, or as a legal consultant". Advocates have a position that tends to be very
free in the legal profession. Because it does not only work in the courtroom, but can also
freely outside the court. Advocates are considered an honorable profession (officium
nobile), which in carrying out its profession receives protection from the law, laws, and
codes of ethics.
In some countries advocates have a very large role in society. Advocates can be directly
involved in providing legal aid, not only for those who can afford it but also for those who
cannot also for those who are less well-off. An advocate who upholds his code of ethics will
not refuse or differentiate the treatment of his clients. So in this case the role of the
existence of a code of ethics for an advocate is very strong. The role of the code of ethics in
advocates that seems to limit the space for advocates to move is actually created to provide
goodness not only for the advocates themselves but also for the community.
The Code of Ethics for Advocates passed on May 23, 2002 has XII chapters consisting
of:
I. General Conditions
II. Advocate Personality
III. Client Relationship
IV. Relationship with Peers
V. About Foreign Peers
VI. How to act in handling cases
VII. Other Provisions of the Code of Ethics
VIII. Implementation of the Code of Ethics
IX. Honor Council
X. Code of Ethics and Honor Council
XI. Transitional Rules
XII. Closing Change I
L.
Professional Ethics of Prosecutors at Indonesia:
Ethics are the values and moral norms that guide a person or group in regulating their
behavior. This meaning is also referred to as the "value system" in individual human life or
social life. For example, ethics in the Javanese environment and so on. This ethics is then
formulated in the form of written rules (code).
Systematically, ethics is deliberately created based on existing moral principles and
when needed, it can function as a tool to judge all kinds of actions that are considered to
deviate from the common sense logic code ethics, a reflection of what is called "self
control". Because everything is made and applied from and for the benefit of the social
group (profession) itself as well as the prosecutor profession which is one of the elements of
law enforcement.
Professional Ethics in Prosecutors:
Prosecutors are functional officials authorized by law to act as public prosecutors and
implement court decisions that have obtained permanent legal force and other powers based
on the law. The functional position of prosecutor is a position of technical expertise in the
prosecutor's organization which, due to its function, enables the smooth implementation of
prosecutorial duties. Prosecutors are appointed and dismissed by the Attorney General who
is the highest leader and responsible for the prosecutor's office and controls the
implementation of the prosecutor's duties and authority.
Furthermore, the Attorney General is a state official who is appointed and dismissed by
the President with certain requirements based on the law. Because the Attorney General is
appointed by the President, in carrying out his duties the Attorney General carries out state
duties. This is because the President appoints the Attorney General as the head of state
(federative power) and not as the head of government (executive power). Likewise,
prosecutors appointed by the Attorney General in carrying out their duties are carrying out
state duties and not government duties.
The functional position of prosecutor is a technical expertise that conducts prosecution.
In order to realize prosecutors who have personality integrity and high discipline to carry
out law enforcement duties in realizing justice and truth, it is necessary to have a code of
ethics for the prosecutor profession. The code of ethics of the prosecutor profession is
regulated in the regulation of the Attorney General of the Republic of Indonesia Number:
PER- 067/A/JA/07/2007, concerning the Code of Ethical Conduct of Prosecutors.
In principle, in performing professional duties, prosecutors shall: Article 3
1.
Adhere to the rule of law, laws and regulations, and applicable official regulations.
Prosecutors must follow the current regulations.
2.
Respect the principle of fast, simple, low cost in accordance with established
procedures.
3.
Based on conviction and valid evidence to achieve justice and truth.
4.
Be independent, free from direct or indirect influence, pressure or threats of public
opinion. A prosecutor must stand up for himself or herself without interference from
others and must not be afraid of threats from anyone.
5.
Act objectively and impartially. The prosecutor must not favor one of the suspects
because the suspect is still related to the prosecutor.
6.
Inform and/or provide the rights of the suspect or accused and the victim.
7.
Build and maintain functional relationships between law enforcement officers in
realizing an integrated criminal justice system.
8.
Resign from handling cases that have personal or family interests, have employment,
party, or financial relationships or have economic value directly or indirectly.
9.
Keeping and holding something secret that should be kept secret.
10.
Respect freedom and dissent as long as it does not violate the provisions of laws and
regulations.
11.
Respect and protect human rights and freedoms as enshrined in laws and universally
accepted human rights instruments.
12.
Respond to criticism wisely and thoughtfully.
13.
Responsible internally and tiered, in accordance with established procedures.
14.
Externally accountable to the public in accordance with government policy and public
aspirations for justice and truth.
In addition to the obligations that must be carried out in accordance with the above
provisions, in carrying out professional duties, Prosecutors are prohibited:
Article 4
1.
Using his/her position and/or power for personal interests and/or other parties. In this
case the prosecutor must not abuse the job because the prosecutor must be professional.
2.
Engineering legal facts in case handling. In determining the legal basis that will be
imposed on the suspect or defendant in the case handling process, it must be in
accordance with the existing juridical facts and must not manipulate or distort the facts
which result in weakening or nullifying the criminal provisions that should be charged
and proven.
3.
Using their capacity and authority to exercise physical and/or psychological pressure.
Prohibition to suppress by threatening/scaring in order to gain personal or other party
benefits.
4.
Requesting and/or receiving gifts and/or benefits and prohibiting his/her family from
requesting and/or receiving gifts and/or benefits in connection with his/her position.
Attempts to request and/or receive even if there is no follow-up in the form of gifts or
gifts constitute an offense under this paragraph. The prohibition on requesting and/or
receiving gifts and/or benefits, including for family members, to or from certain parties
is intended to avoid the existence of certain intentions that may influence the prosecutor
in carrying out his/her professional duties. In addition, it is also intended to maintain the
integrity of the prosecutor.
5.
Handling a case that has personal or family interests, has an employment, party, or
financial relationship, or has direct or indirect economic value. A prosecutor shall not
handle a case in which the prosecutor has a family relationship, a spousal relationship
even if divorced, a friendship relationship, and a work relationship outside of his/her
position as a prosecutor with the party being processed, and financial interests that
could influence the course of the legal process being handled by the prosecutor.
6.
Acting discriminatory in any form. Prosecutors for any reason are not allowed to
differentiate the treatment of a person based on religion, tribe, race, ethnicity, group,
class, social status, economic status, gender, language, political beliefs, which results in
the reduction, deviation, or elimination of recognition or violation of their legal rights.
7.
Forming public opinion that may harm the interests of law enforcement. In carrying out
duties as a prosecutor solely in order to uphold law and justice, there are things that do
not need to be known by the public because they can affect the law enforcement
process, therefore prosecutors are not allowed to make statements that can harm law
enforcement to the public.
8.
Providing information to the public except limited to technical matters of the case being
handled.
A profession can only gain the trust of the public, if there is a strong awareness within
the professional elite to heed professional ethics when they want to provide professional
expertise services to the people who need them. What is known as an honorable profession
will soon be degraded into an occupation that is not colored in the slightest by idealism and
will ultimately end with no respect or trust being given to these elite professionals.
Similarly, prosecutors must have a code of ethics as a guideline in carrying out their
profession and moreover to gain the trust of the public and maintain the dignity of their
profession.
The Role of Advocates as Law Enforcers:
According to Law No.18 of 2003 concerning Advocates, an Advocate is a person whose
profession is to provide legal services, both inside and outside the court with the conditions
set out in Article 3 of the Advocates Law.
Normatively, the Advocates Law also emphasizes that advocates are law enforcers who
have an equal position with other law enforcers (judges, prosecutors, and police). However,
although both are law enforcers, the roles and functions of these law enforcers differ from
one another. In the trias politica concept of the separation of state powers consisting of
legislative, judicial and executive powers. Law enforcers consisting of judges, prosecutors
and police have judicial and executive powers. In this case, judges as law enforcers who
exercise judicial power represent the interests of the state and prosecutors and police who
exercise executive power represent the interests of the government. What about Advocates?
Advocates in this case are not included in the scope of these three powers (executive,
legislative and judicial). Advocates as law enforcers carry out their roles and functions
independently to represent the interests of the community (clients) and are not influenced by
state power (judiciary and executive). In representing the client's interests and defending
legal rights, the advocate's way of thinking must objectively assess it based on the expertise
possessed and the professional code of ethics. For this reason, the code of ethics stipulates
that advocates may refuse to handle cases that according to their expertise have no legal
basis, are prohibited from providing misleading information and promising victory to
clients.
The free profession of Advocates means that in carrying out their profession to defend
the community in fighting for justice and legal truth, they do not get pressure from
anywhere. This freedom must be guaranteed and protected by law, namely Law No. 18 of
2003 concerning Advocates so that their status and position in society are clear, so that they
can function optimally.
The role of the Advocate will never be separated from the problem of law enforcement
in Indonesia. The pattern of law enforcement is influenced by the level of development of
society, where the law applies or is enforced. In a simple society, the pattern of law
enforcement is carried out through simple procedures and mechanisms as well. However, in
a modern society that is rational and has a high level of specialization and differentiation,
the organization of law enforcement is carried out through simple procedures and
mechanisms. law enforcement becomes so complex and very bureaucratic. The more
modern a society is, the more complex and bureaucratic its law enforcement process will be.
As a result, what plays an important role in a law enforcement process is not only humans
who become law enforcement officers, but also organizations that regulate and manage the
operationalization of the law enforcement process.
Sociologically, there is a type of law that has a stronger selling power than other laws. It
is found that the law as a product of power is not in accordance with the real law that lives
in society. Based on this phenomenon, the role of advocates in upholding the law will be
tangible, namely:
•
Encourage the application of the right law to each case or
Case.
•
Encourage the application of laws that do not conflict with the demands of decency,
public order, and a sense of individual and social justice.
•
Encourage judges to remain neutral in examining and deciding cases, not the other way
around to take all means so that judges are not neutral in applying the law. Therefore,
one of the important principles in defense, if a client believes that he is guilty, then the
advocate as a law enforcer will offer the principle of "clemency" or simply plead for
justice.
In addition to the above roles, Advocates also have a role in supervising law
enforcement, guarding judicial power, and as social workers. These roles will be described
as follows:
1.
Advocates' role as supervisors of law enforcement
The supervisory function of law enforcement is mainly carried out by the bar
association. This supervision covers two things, namely:
Internally, the role of the association of advocates must be an effective means of
monitoring the behavior of advocates in the law enforcement profession or the
application of law. There must be effective ways to control advocates who do not heed
professional ethics and rules to carry out the duties of advocates properly and correctly.
Externally, both the association of advocates and individual advocates must be
supervisors so that the judiciary can run correctly and appropriately. Instead of the
opposite, advocates become part of efforts to obstruct a judicial process.
2.
The role of Advocates as guardians of Judicial Power
The protection or guarantee of an independent judiciary should not simply be
interpreted as being free from influence or pressure from the powers of the State or
government. An independent judiciary must also be free from public influence or
pressure, whether organized into an infrastructure or incidental. Such pressure may take
the form of exerting actual pressure, forming untrue public opinion, threats and
destruction of judicial infrastructure and facilities. Such pressure can also be
individualized in the form of bribing law enforcers to take sides. Advocates as law
enforcers, especially those involved in the administration of justice, should participate
in maintaining the independent judicial power.
3.
Advocate's role as a social worker
Social workers in this case are social workers in the legal field. As we know, there are
many people who face legal problems, but are powerless. They are not only
economically powerless but may also be powerless in the face of power. Based on this,
the legal problems faced by the small and weak people need assistance, including from
advocates. Article 21 of the Advocates Law in this regard explains that advocates are
obliged to provide free legal aid to poor justice seekers.
The various roles of advocates provide an understanding that an advocate is a legal
expert who provides legal services or assistance to his clients. The legal assistance can be in
the form of legal advice, defense, or representing (accompanying) his client in litigation and
resolving cases submitted to the court.
Rights and Obligations of Advocates:
The rights and obligations as well as prohibitions for Advocates are regulated in Law
Number 18 Year 2003 on Advocates, as follows:
Article 14
"Advocates are free to issue opinions or statements in defending the case they are
responsible for in a court session while adhering to the professional code of ethics and
laws and regulations".
Article 15
"Advocates are free in carrying out their professional duties to defend the cases they are
responsible for while adhering to the professional code of ethics and laws and
regulations".
Article 16
"Advocates cannot be prosecuted either civilly or criminally in carrying out their
professional duties in good faith for the benefit of the Client's defense in a court
session".
Article 17
"In carrying out their profession, Advocates have the right to obtain information, data,
and other documents, both from Government agencies and other parties related to the
interests necessary for the defense of the interests of their Clients in accordance with
statutory regulations".
Article 18
1.
Advocates in carrying out their professional duties are prohibited from distinguishing
the treatment of Clients based on gender, religion, politics, descent, race, or social and
cultural background.
2.
Advocates cannot be identified with their Clients in defending the Client's case by the
authorities and/or the public.
Article 19
1.
Advocates are obliged to keep confidential everything known or obtained from their
clients due to their professional relationship, unless otherwise provided by law.
2.
The Advocate is entitled to confidentiality of his/her relationship with the Client,
including protection of his/her files and documents against seizure or inspection and
protection against eavesdropping on the Advocate's electronic communications.
Article 20
1.
Advocates are prohibited from holding other positions that conflict with the interests of
their professional duties and dignity.
2.
Advocates are prohibited from holding other positions that require service in a way that
is detrimental to the Advocate profession or reduces the freedom and independence in
carrying out their professional duties.
3.
Advocates who become state officials, do not carry out the duties of the Advocate
profession while holding such positions.
Article 21
1.
Advocates are entitled to receive honorarium for legal services rendered to their clients.
2.
The amount of Honorarium for Legal Services as referred to in paragraph (1) shall be
determined reasonably based on the agreement of both parties.
Limit of Advocate's Authority:
The sociological problem of the existence of advocates in the midst of society is like a
simalakama fruit. The undeniable fact is that the existence of advocates is needed by the
community, especially people who stumble upon legal cases. But there are also some people
who think that the existence of advocates in the law enforcement system is not needed, this
negative research is inseparable from the actions of advocates themselves who sometimes
carry out their duties and functions as law enforcement officials not in accordance with
expectations and the most unfortunate is that a small part of advocates become part of the
judicial mafia.
The position of advocates in the law enforcement system as law enforcers and
honorable professions. In carrying out their functions and duties, advocates should be
equipped with the same authority as other law enforcers such as police, prosecutors and
judges.
The authority of advocates in the law enforcement system is very important to maintain
the independence of advocates in carrying out their profession and also to avoid
arbitrariness committed by other law enforcers.
Law enforcement officers such as judges, prosecutors, and police in carrying out their
duties and functions are given authority but advocates in carrying out their profession are
not given authority. Seeing this reality, it is necessary to grant authority to advocates. The
authority is needed not only to create parity among law enforcement officials but also to
avoid multiple interpretations among other law enforcement officials and advocates
themselves related to authority. Meanwhile, Law No. 18/2003 on Advocates does not
regulate the authority of Advocates in carrying out their functions and duties as law
enforcement officers. Thus, there is a vacuum of legal norms related to the authority of the
Advocate. It should be noted that the advocate profession is a state organ that carries out
state functions. Thus, the Advocate profession is the same as the Police, Prosecutor's Office,
and Judiciary as state organs that carry out state functions. The difference is that the
Advocate is a private institution that functions publicly while the Police, Prosecutor's
Office, and Judiciary are public institutions. If Advocates in carrying out their functions and
duties are given authority in their status as law enforcement officers, their position is equal
to other law enforcement officers. With this alignment, a balance will be created in order to
create a better law enforcement system.
Advocates' authority in terms of judicial power Advocates in the judicial power system
are placed to protect and represent society. Meanwhile, judges, prosecutors and police are
placed to represent the interests of the state. In this position, the position, function and role
of advocates are very important, especially in maintaining the balance between the interests
of the state and society. There are two functions of advocates towards justice that need
attention. The first is the importance of representing clients to uphold justice, and the role of
advocates is important for the clients they represent. Secondly, by helping clients, an
advocate maintains the legitimacy of the justice system and the function of the Advocate. In
addition to the two Advocate functions that are no less important, namely how Advocates
can provide enlightenment in the field of law in the community. This enlightenment can be
done by providing legal counseling, socialization of various laws and regulations, legal
consultation to the public either through print, electronic, or direct media. It is an undeniable
fact that the existence of Advocates is needed by the community, especially people who
stumble upon legal cases, to support the existence of Advocates in carrying out their
functions and duties in the law enforcement system, it is necessary to have the authority that
must be given to Advocates. The authority of the Advocate is needed in order to avoid acts
of arbitrariness committed by other law enforcement officials (Judges, Prosecutors, Police)
and can also provide clear limits on the authority of advocates in carrying out their
profession. In practice, the existence of advocates in carrying out their profession is often
negated (ignored) by law enforcement officials. This results in the position of advocates
"not equal" with other law enforcement officers.
From this condition, it appears the urgency of the advocate's authority in carrying out
his functions and duties in the law enforcement system. The advocate's authority is given to
support the implementation of law enforcement properly.
M.
Police Professional Ethics at Indonesia:
Actually, scholars have not agreed on what exactly is the definition of a profession because
there is no standard (which has been agreed upon) what kind of work/task is said to be a
profession. As a guide, the opinion expressed by Dr. J. Spillane SJ. in "Ethical Values and
Utopian Power", namely that a profession can be defined briefly as a person's position if the
profession is not commercial, mechanical, agricultural, and so on. The legal profession is a
profession to realize just order that allows humans to live their lives naturally (no need to
depend on physical or financial strength). This is because just order is a basic human need;
and justice is the most sublime value and virtue and is an essential element and human
dignity. The legal profession includes 4 (four) fields of legal work, namely:
1.
Formal conflict resolution (courts involving judges, advocates and prosecutors);
2.
Conflict prevention (legal drafting);
3.
Informal conflict resolution (mediation, negotiation); and
4.
Application of law outside the conflict.
The legal profession in Indonesia includes all major legal functionaries such as Judges,
Prosecutors, Advocates, Notaries, Police, and other Positions. If there is a deviation or
violation of the code of ethics, then they must be willing to take responsibility for the
consequences in accordance with the demands of the code of ethics. Usually in professional
organizations there is a board of honor that will correct violations of the code of ethics. The
legal profession is one of the professions that demands the fulfillment of moral values and
their development. Moral values are the forces that direct and underlie noble actions. The
police code of ethics is regulated in Perkapolri Number 14 of 2011 concerning the Code of
Ethics of the Indonesian National Police ("Perkapolri 14/2011") whose scope consists of
(Article 4 Perkapolri 14/2011):
1.
State Ethics;
2.
Institutional Ethics;
3.
Societal Ethics; and
4.
Personality Ethics.
The National Police of the Republic of Indonesia is an instrument of the state in the
framework of the National Universal Development Plan towards the achievement of a just
and prosperous society based on Pancasila. Law Number 2 of 2002 concerning the
Indonesian National Police states as follows:
1.
Article 1 paragraph (1): Police is all matters relating to the functions and institutions of
the police in accordance with laws and regulations.
2.
Article 4: The National Police of the Republic of Indonesia aims to realize domestic
security which includes the maintenance of security and public order, order and law
enforcement, the implementation of protection, protection and services to the
community, and the fostering of public peace by upholding human rights.
3.
Article 5: The Indonesian National Police is a state instrument that plays a role in
maintaining public security and order, enforcing the law, and providing protection,
protection and services to the public in the context of maintaining domestic security.
As law enforcers, the police as well as judges, prosecutors, lawyers also have duties,
which are of course noble. Article 13 states that the main duties of the Indonesian National
Police are:
1.
Maintain security and public order.
2.
Enforce the law; and
3.
Provide protection, protection and service to the community.
Then in order to carry out the tasks referred to in Articles 13 and 14 the Indonesian
National Police are generally authorized:
1.
Receive reports and/or complaints;
2.
Help resolve community disputes that may disrupt public order;
3.
Prevent and mitigate the growth of community diseases;
4.
Keep an eye on streams that can cause division or threaten national unity;
5.
Issuing police regulations within the scope of police administrative authority;
6.
Carry out special examinations as part of police action in the context of prevention;
7.
Perform first actions at the scene;
8.
Taking fingerprints and other identification and photographing a person;
9.
Search for information and evidence;
10.
Organizing the National Criminal Information Center;
11.
Issuing licenses and/or certificates required in the context of community service;
12.
Provide security assistance in the trial and implementation of court decisions, activities
of other agencies, and community activities;
13.
Receive and temporarily store found items.
In connection with the main task of the police is to maintain security and public order,
then the task is addressed to all people and groups of Indonesian citizens, and also includes
foreigners who are in Indonesia. This means that the police as law enforcers should not or
are not allowed to be indiscriminate against lawbreakers. Then the police authority in
preventing and overcoming the growth of community diseases is aimed at community
diseases that will or have become crimes / violations. What is meant by community disease
is:
1.
Begging;
2.
Prostitution;
3.
Gambling;
4.
Compaction, intoxication;
5.
Human trafficking;
6.
Suction;
7.
Homelessness.
In dealing with the aforementioned societal ills, of course the police will not be able to
do it alone. Although it must be honestly admitted that our society today is eager for the
presence of an ideal police force that really sides with the interests of the community, not
being a tool of the authorities. The criteria for an ideal police according to R.E. Barimbing
are: 1. Knowing the limits of his authority; 2. Understanding and skillful in implementing
the law; 3. Not expecting monetary rewards in his duties; 4. Having pride in his profession
(R.E. Barimbing, 2001: p. 58) 8 police work, according to Satjipto Rahardjo is law
enforcement work in optima forma. The police are the living law. Through this police, the
promises and goals of the law to secure and protect society become a reality. The
Indonesian National Police is also included in independent institutions whose basic
establishment is regulated in the 1945 Constitution. Satjipto Rahardjo's view is indeed in
accordance with the reality of the duties and authority of the police as organizers of the
legal profession. This is because the purpose of the law, which among other things relates to
the protection of public security and the renewal of its life, will be understood, practiced and
empowered by the community if the police have first set a real example of the need to obey
the law. Why are the police referred to as "living law"? Because the duties and
responsibilities of the police extend to real problems that have been, are being, and will
even be faced by the community. Various problems in society, both categorized as crimes
and still classified as social diseases (social desease) require a real (empirical) police
message. Because of this praxis social role, there is a juridical attachment to the police. This
means that the dynamics of the police profession cannot be separated from the quantity and
quality of its relationship with the problems faced (afflicting) society. The ideals of social
order and civilization (civilization and social order) will be realized thanks to the
constructive role shown by the police. In this constructive role position, the presence of the
police is able to bring benefits that are not small. In fact, if examined closely, through
substantial police duties, it will be known that the police are not just law enforcers, but can
enter the level of legal philosophers. In general, the constructive role of the police can be
observed in Law Number 13 of 1961 concerning the Indonesian National Police, among
others as follows:
1.
Maintain order and ensure public safety.
2.
Maintaining the safety of persons, property and society, including providing protection
and assistance.
3.
Maintaining the safety of the country against internal disturbances.
4.
Prevent and eradicate the spread of community diseases.
5.
Seeking citizens' and communities' obedience to state regulations.
The duties and authority of the police, as stated in the law, are more focused on
community issues. This means that the presence of the police holds an important key in
playing the role of protector, educator, and eradicator of various difficulties faced by the
community.
In relation to their function as organizers of the legal profession, the police are entrusted
with introducing, socializing, and providing praxis examples of the imperative power of
legislation. In the hands of the police, the law will have social power that is able to bridge
the legal aspirations of the community. Interaction with the macro society allows the police
to more freely convey to the public about the existence of law, both sociologically and
philosophically. In addition to this active community function, the police also place their
identity as a vital element of a judicial process. Legal management will be able to run
proportionally and can bridge the justice-seeking community (functionalization) when the
police can place their duties in accordance with the lines of legislation that regulate it.
1.
Definition of Police:
According to Simons in his book Learboek Nederlands Strafrecht: "The police are the
spearhead of the integrated criminal justice system. It is in the hands of the police that they
are first able to reduce the darkness of crime cases." Meanwhile, according to Moylan
(1953: 4), argues that: "The term police throughout history has turned out to have different
meanings in the sense originally given. Also the term given by each country to the notion of
"police" is different because each country tends to give the term in its own language. For
example, the term "contable" in the UK has a specific meaning for the notion of police,
namely countable has two meanings. First as a unit for the lowest rank in the police (police
countable) and second means the police office (office of constable) ".
Furthermore, according to Satjipto Raharjo, the police is a state instrument in charge
of maintaining security and public order, providing protection to the community (Satjipto
Raharjo, 2009: 111). Furthermore, Satjipto Raharjo who quotes Bitner's opinion states that
if the law aims to create order in society, among others against crime. Finally, the police
will determine concretely what is referred to as the enforcement of order (Satjipto Rahardjo,
2009: 117).
Law No. 2 of 2002 concerning the Indonesian National Police in Article 1 paragraph (1)
explains that the Police is all matters relating to the functions and institutions of the police
in accordance with statutory regulations. The term police in this law contains two meanings,
namely police functions and police institutions. In Article 2 of Law Number 2 of 2002
concerning the Indonesian National Police, the police function is one of the functions of
state government in the field of maintaining public security and order, law enforcement,
protecting, protecting and serving the community. Meanwhile, a police institution is a
government organ that is designated as an institution and given the authority to carry out its
functions based on laws and regulations (Sadjijono, 2008: 52-53).
Furthermore, Article 5 of Law No. 2 of 2002 concerning the Indonesian National Police
states that:
a.
The Indonesian National Police is an instrument of the State that plays a role in
maintaining public security and order, enforcing the law, and providing protection,
protection and services to the public in the context of maintaining domestic security.
b.
The Indonesian National Police is the National Police which is a unit in carrying out the
role referred to in paragraph (1).
The Police we know today is the Police that has been formed since August 19, 1945, the
Police tried to use a federal police system under the Ministry of Home Affairs with
compartmentalized powers between provinces and even between prefectures. So
As of July 1, 1946, the Indonesian National Police (Polri) adopted the National Police
system. This system of policing was felt to be very suitable for Indonesia as a unitary state,
so in a short time the National Police could form its commands down to the sector (sub-
district) level. And this system is used by the National Police until now.
2.
Legal Basis of Police
The legal basis or laws governing the Police are as follows:
•
Law Number 2 of 2002 concerning the Police;
•
Government Regulation of the Republic of Indonesia Number 2 of 2003 concerning
Disciplinary Regulations for Members of the Indonesian National Police;
•
Presidential Decree of the Republic of Indonesia Number 7 of 1974
on Police Duties.
•
PERKAP NUMBER 14 YEAR 2011, concerning Professional Code of Ethics
Police Department.
3.
Police Professional Code of Ethics
Ethics is the science of human behavior related to norms and values or good measures that
apply in society. While the definition of the police is essentially a law enforcement officer
who is responsible for public order, safety, and security of the community. So police ethics
are norms about police behavior to be used as guidelines in realizing the implementation of
good duties for law enforcement, public order and public safety.
The benefits of ethics actually strengthen the good and right conscience of individuals,
so that they truly feel that their life, their service, the performance of their duties, and their
behavior are useful, beneficial to society, and therefore they are appreciated, accepted, and
even placed honorably in their society. Police ethics can elevate the dignity of the police in
society if implemented properly.
Police ethics have not yet become as traditional as other ethics, even though they are
older. This is because since the beginning of police ethics, it has continued to develop and
change, so that the content and form of the police profession itself has not been uniform,
from one country to another. So that in the application, thinkers and police leaders often
forget some characteristics or characters of police actors or often called police culture
(Police Cultura) which dominantly influences the failure of their actions. These tendencies
include:
a.
Action orientation often prioritizes achieving optimal results (effectiveness), often
neglecting efficiency.
b.
Police are taught to always be suspicious, so they must ask detailed questions. This
suspicious attitude implies vigilance with a basic sense of ethics.
c.
On the one hand, the police are seen as unfair, dishonest and unprofessional, while on
the other hand, there are many indications that the police should support and show
solidarity with the neighborhood.
d.
Pragmatism, which has brought many successes, often lulls the police and then neglects
the roots of pragmatism itself.
The aim is to try to put police ethics in proportion in relation to society. The
professional code of ethics is a means to help the executor as a professional person so as not
to damage professional ethics. In the code of ethics for the police profession there are
principles of professional ethics, the principles are contained in articles that include the four
principles below:
a.
Principle of Responsibility. Responsibility is one of the core principles for
professionals.
b.
Principle of Justice. This principle includes that professionals should not harm the
rights and obligations of certain parties, especially the people they serve. They should
also not discriminate against anyone including people who cannot pay for their
professional services.
c.
Principle of Autonomy. This principle is what professionals demand from the outside
world so that they are given complete freedom in carrying out their profession.
d.
Principle of Moral Integrity. A professional person is one who has high personal or
moral integrity.
The development of police ethics can be done, grown, built, and nurtured so that it can
flourish and develop well is in the following ways:
a.
Building community
Realizing a society that is able to act ethically is not easy, because it must take into
account all the supporting elements of its existence which have very broad dimensions.
Assuming that there are many dimensions of good community behavior that support
good police ethics, the most significant of these dimensions for police work is the legal
dimension, their adherence to the law, and their resistance to security disturbances or
violations of the law.
From good law, commendable public ethics or behavior can be formed, which in turn
will develop the application of police ethics.
b.
Making a good cop
Good police candidates are well educated, trained, equipped and provided with
adequate welfare. Good candidates can only be obtained from a well-educated society,
high standard entry requirements, honest and fair testing, and adequate aptitude based
on psychological tests.
c.
Forming good police leaders
Basically, it is the same and similar to the process of forming a good police individual
above. However, for leaders who are officers, higher standards must be demanded. The
higher the rank, the higher the standard requirements, especially the leadership element.
A true, good and solid police ethic will be the means to:
a. Realize confidence and pride as a police officer, which can then become a source of
pride for the community.
b. Achieving assignment success.
c. Fostering togetherness and partnership as the basis for community participation.
d. Realizing a professional, effective, efficient and modern police force, which is clean
and authoritative, respected and loved by the community.
4.
Analysis:
Police ethics is a norm or set of rules established to guide officers in determining whether
their personal behavior is right or wrong.
By understanding the basic understanding of police ethics, which is the root and
guideline, which supports a solid ideal form of behavior of the police in carrying out their
service, it will make them firm in their stance, so that they can take the right attitude in
every action. Where that attitude stems from deep integrity in his heart and conscience. That
is the basis of the essential morality of police ethics.
Without understanding this basis, a police officer can waver when faced with problems
encountered in the line of duty. That wavering attitude will encourage them to behave in
ways that deviate from the police ethics they are supposed to uphold.
A half-understanding will make them compliant only when there is supervision. It can
be interpreted as a shaky attitude, an unstable attitude, an unsteady attitude, and even an
abuse of police ethics.
A well-applied and correct police ethics will help the police in their daily problem
solving. The police can correctly determine whether it is good or bad to act in the course of
their duties. Whether to accept money in return for their work or to reject it expressly
mentioned in the oath of office. The professional and exemplary attitude will be
immediately visible and felt when he determines his actions.
With a code of ethics, development will be more focused, coordinated, and bring
maximum benefit and support from the community. All codes of conduct are essentially
rules and regulations precipitated from ideals and activities to realize ideals.
5.
Duties, Functions and Authority of the Police
a.
Police Duties:
According to G. Gewin (Djoko Prakoso, 1987: 136) Police duties are as follows: "Police
duties are part of the duties of state legislation and implementation to ensure orderly peace
and security, uphold the state, instill understanding, obedience, and compliance".
Basically, police duties are part of the state's duties and to achieve the overall task, a
division of tasks is held so that it is easy to implement and also coordinate, which is why a
police organization is formed which then has the aim of securing and providing protection
to interested people, especially those who commit a crime.
The duties of the police in Law Number 1 of 1961 concerning the Basic Provisions of
the Indonesian State Police, have been determined in it, namely in Article 1 of Law Number
1 of 1961, (1985: 2) which states as follows:
1)
The National Police of the Republic of Indonesia, hereinafter referred to as the National
Police, is a state law enforcement instrument that is primarily tasked with maintaining
domestic security.
2)
The National Police in carrying out their duties always uphold the rights of the people
and the laws of the country.
In the Presidential Decree of the Republic of Indonesia Number 7 of 1974 in point 31
item a (Djoko Prakoso, 1987: 183) states the duties of the police are as follows:
"The National Police of the Republic of Indonesia, abbreviated as Polri, is tasked and
responsible for carrying out: all efforts and activities as an instrument of the state and
law enforcement, especially in the field of fostering security and public order, in
accordance with Law Number 13 of 1961 and Presidential Decree Number 52 of 1969".
To carry out its duties and foster public security and order, the Indonesian National
Police is obliged with all work efforts and activities to foster public security and order. The
police as protectors of the community who provide protection and services to the
community for the enforcement of the provisions of the legislation, are inseparable from a
binding rule to take an action in the implementation of their duties which have been outlined
in Law Number 13 of 1961 in Chapter III, that the obligations and authority of the police in
carrying out their duties must be willing to be placed anywhere in the Territory of the
Republic of Indonesia.
Furthermore, more clearly regarding the duties of the Police in question are regulated in
Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia, as stated in
Article 13 states that the main duties of the National Police of the Republic of Indonesia are:
1)
Provide security and public order;
2)
Enforce the law;
3)
Provide protection, protection and service to the community.
To support the main tasks mentioned above, the police also have certain tasks as stated
in Article 14 paragraph (1) of Law No. 2 of 2002 concerning the Indonesian National Police
as follows:
1)
Carry out guarding, escorting, and patrolling arrangements for community and
government activities as needed.
2)
Organizing all activities in ensuring the safety, order and smoothness of traffic on the
road.
3)
Fostering the community to increase community participation, public legal awareness,
and citizens' obedience to laws and regulations.
4)
Participate in the development of national law.
5)
Maintaining order and ensuring public security: coordinating, supervising and providing
technical guidance to special police forces, civil servant investigators and forms of
private security.
6)
Coordinating, supervising, and providing technical guidance to special police, civil
servant investigators, and forms of private security.
7)
Conduct investigations into all criminal offenses in accordance with the criminal
procedure law and other laws and regulations.
8)
Organizing police identification, police medicine, forensic laboratories, and police
psychology for the benefit of police duties.
9)
Protect the safety of body and soul, property, society, and the environment from
disturbances of order and/or disasters including providing assistance and help by
upholding human rights.
10)
Serving the interests of citizens temporarily before being handled by agencies / or
authorities.
11)
Provide services to the public in accordance with the interests within the scope of police
duties.
12)
Carry out other duties in accordance with laws and regulations.
If identified, the description of the duties of Article 13 of Law Number 2 Year 2002 in
the form of tasks, roles and authorities is quite extensive, even exceeding 40 (forty)
sections, not to mention special tasks such as being involved in the implementation of world
peace, then those provided by various laws and regulations, including witness protection as
specified in the Terrorist Act and the Law on the Eradication of Money Laundering.
From these police duties, it can be stated that basically there are two police duties,
namely the duty to maintain security, order, guarantee, and maintain the safety of the state,
people, objects, and society, as well as to seek the obedience of citizens and society to state
regulations. This task is categorized as a preventive task and the second task is a repressive
task. This task is to take action against anything that can disrupt the security of the
community, nation and state.
b.
Police Functions:
The function of Polri, as specified in Article 2 of Law No. 2 of 2002, is part of the state
government in the field of maintaining security, public order, law enforcement, protection,
protection, and service to the community.
Thus, the police function as one of the functions of government is inseparable from the
objectives set out in the Preamble of the 1945 Constitution of the Republic of Indonesia,
namely the function of protecting the entire Indonesian nation and the entire Indonesian
blood sphere, advancing the general welfare, and educating the nation's life, and
participating in implementing world order based on independence, lasting peace and social
justice.
The police function as referred to in Article 2 of Law Number 2 of 2002 concerns the
police function in the juridical and sociological dimensions.
a.
Police functions in the juridical dimension include:
I. The general police function, which is carried out by the National Police as part of a
government institution.
The general police function, which is part of state administration, is thus attached to
the main functions of state administration which include:
a) regulatory function, which concerns the formulation of laws and regulations
relating to the implementation of police duties;
b) licensing function, which is a function related to the regulatory function in the
context of issuing/granting permits, including procedures and organizational
units or units authorized to issue such permits;
c) the function of carrying out the main task, based on general police obligations
and the provisions of certain laws and regulations;
d) The function of managing state ownership entrusted to Polri is through the
efficient processing of Polri inventory derived from the state budget;
e) The supervisory function of Polri's main tasks, namely to evaluate its main
tasks;
f) dispute resolution function, which resolves administrative cases or disputes that
are not within the competence of the court.
II. Special Police Functions, which are special administrative duties in accordance
with the law on which they are based.
b.
Police functions in the sociological dimension,
This is the formulation of the police function that is carried out, which is independently
formed, grows, and develops in the community life system.
In connection with the above in article 3 paragraph 1, the bearer of the police function is
the Indonesian National Police assisted by:
a)
specialized policing;
b)
civil servant investigator;
c)
forms of self-directed security.
c.
Police Authority:
The police have general authority which is regulated in Article 15 paragraph (1) of Law No.
2 of 2002 concerning the Indonesian National Police, which is as follows:
a.
Receive reports and/or complaints;
b.
Help resolve community disputes that may disrupt public order;
c.
Prevent and mitigate the growth of community diseases;
d.
Keep an eye on streams that can cause division or threaten national unity;
e.
Issuing police regulations within the scope of police administrative authority;
f.
Carry out special examinations as part of police action in the context of prevention;
g.
Perform first actions at the scene;
h.
Taking fingerprints and other identification and photographing a person;
i.
Search for information and evidence;
j.
Organizing the National Criminal Information Center;
k.
Issuing licenses and/or certificates required in the context of community service;
l.
Provide security assistance in the trial and implementation of court decisions, activities
of other agencies, and community activities;
m.
Receive and temporarily store found items.
The authority possessed by the police to carry out tasks in the field of criminal
proceedings according to Article 16 of Law No. 2 of 2002 concerning the Indonesian
National Police is:
a. Make arrests, detentions, searches, and seizures.
b. Prohibit any person from leaving or entering the scene of the crime for the purpose of
investigation.
c. Bringing and presenting people to investigators for the purpose of investigation.
d. Make the suspected person stop and ask for and check identification.
e. Conducting mail checks.
f. Calling people to be heard and examined as suspects or witnesses.
g. Bringing in experts who are needed in connection with the examination of the case.
h. Terminate the investigation.
i. Submit the case file to the public prosecutor.
j. Submitting a request directly to the authorized immigration official at the immigration
checkpoint in an urgent or sudden situation to prevent or deter a person suspected of
committing a criminal offense.
k. Providing instructions and assistance in investigations to civil servant investigators for
submission to the public prosecutor.
l. Take any other responsible action according to law.
The police, in accordance with other laws and regulations, are also authorized:
a.
License and supervise public gatherings and other community activities;
b.
Organizing motor vehicle registration and identification;
c.
Providing motor vehicle driving licenses;
d.
Receive notifications about political activities;
e.
Grant operational licenses and conduct supervision of firearms, explosives, and sharp
weapons;
f.
Providing operational licenses and supervising business entities in the field of security
services;
g.
Instructing, educating and training special police officers and self-directed security
officers in the technical field of policing;
h.
Cooperate with other countries' police forces in investigating and combating
international crimes;
i.
Conduct functional police supervision of foreigners residing in Indonesian territory in
coordination with relevant agencies;
j.
Representing the government of the Republic of Indonesia in international police
organizations;
k.
Carry out other authorities included in the scope of police duties.
6.
Challenges in the Police Profession
Challenges or Barriers Affecting Police Services:
The mission of the police as stated in the law above which includes: security services and
public order, law enforcement, protection, protection, and community service, the forms of
services provided by the police in the future must be of quality (service quality) as expected
by the community. Service quality not only services that meet internal specifications, but the
specifications used must refer to community specifications. If the service specifications
expected by the community are not appropriate, then the police need to conduct community
education about the ideal form of Police Service Quality as well as the specifications for the
form of police services that have been determined by law.
However, as a sub-system that does not stand alone in the large Indonesian
constitutional system, the police are faced with current conditions that should be considered
as determining factors for service success. Some of the factors that can be identified include
the various challenges and changes that are developing both regionally and globally,
including the impact of regional autonomy as an implication of change and the role of the
police as a civilian institution that should be prioritized in managing policing as part of
universal standards that can be accepted by society.
Various changes are experienced by people in this world, even the changes are
increasingly felt to be running faster in an unpredictable direction. These changes include
various things, from the visible to the invisible but felt. Such as changes in public
expectations of the taste of police services and changes in other community aspirations. The
changes that occur require changes in the way the police perceive and build relationships
with the community. This is due to the growing aspirations of the community who want a
democratic relationship pattern where it has consequences for the community's desire to
make the police a state institution that works transparently and accountably.
Challenges in the Police Profession:
Police as law enforcers will be very vulnerable to influences from other people who deviate
from their duties and responsibilities. As is the case in the form of bribery deliberately
carried out by certain individuals to cover up their mistakes in committing criminal
offenses.
The police are prone to abuse their police power, violate their professional code of
ethics, and violate human rights. The police are required to carry out their duties and
professions, especially in law enforcement, in accordance with legal certainty and justice for
the community. The attitude and behavior of police officers must reflect the true character
of the police in accordance with Tribrata, hence the need for Police Ethics.
The conclusion is that the biggest challenge for a police officer as a law enforcer is the
temptation or incitement by certain parties to influence police morality to accept bribes or
other forms of violations. This is related to the principles in the police code of ethics,
namely the principle of responsibility and the principle of moral integrity.
Speaking of ethics, it will be closely related to the manner of behavior in carrying out a
profession. This is inseparable from the form of discipline possessed by each individual.
The discipline in question is embedded in the morals of each individual. Not morals that are
necessarily related to religious nature but morals based on responsible attitudes. This form
of responsibility is formed outwardly not inwardly.
In addition, another challenge of the police profession is its existence, which is still
considered by some people as an antagonistic law enforcer. While the police are faced with
the task of protecting the community, to always be patient, obedient, and can be invited to
communicate, a soft figure is displayed. However, on the one hand the police must also
have a firm and responsible attitude. In dealing with defiance/attack the police are given
dispensation to use coercion, violence, and even the use of firearms but within the limits
allowed by law. However, some people find it easier to grasp the context of the violence
without paying attention to the problem.
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