Gagasan Pembentukan Mahkamah Etik (Court Of Ethics) bagi Penyelenggara Negara di Indonesia

Abstract

The Court of Ethics is an idea in establishing an ethical judicial body for state administrators in Indonesia. The establishment of the Court of Ethics is expected to be able to answer the challenges of ethical enforcement of state administrators with certainty, benefit and justice in the life of the nation and state in Indonesia. The formulation of the problem in this paper is whether the urgency of the establishment of the Court of Ethics for state officials in Indonesia and how the application of the Court of Ethics for state officials in Indonesia. The purpose of this writing is to find out the urgency of the establishment of the Court of Ethics for state officials in Indonesia and to find out how the concept in the application of the Court of Ethics for state officials in Indonesia. The method used in writing this thesis is a normative juridical research method using a statutory approach, conceptual approach, and strengthened by a comparative state approach. This research is prescriptive, which is a research aimed at getting suggestions on what to do to overcome certain problems that can produce new arguments, theories or concepts as prescriptions in solving the problems at hand. The data collection tools used are document studies or library materials, namely looking for data from books, laws and regulations, and journals. The results of this study found that there was a development in the understanding and position of ethics which was not initially contained in formal rules into a code of ethics that has legal force in Indonesia. The development of this understanding then forms an ethical enforcement system in Indonesia, but there are gaps in the current ethical enforcement of state administrators starting from regulation and enforcement that have not fulfilled the basic principles of legal objectives. So that a new ethical enforcement system is needed to answer the above problems, namely through the establishment of the Ethics Court and the State Organiser Ethics Law as an ethics court and regulation of the ethics of state administrators in Indonesia.