印尼法官的建构性道德问题与战略加强

Achmad Musyahid Idrus, Hisbullah Hisbullah, S. Sofyan, Mulham Jaki Asti
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引用次数: 1

摘要

法官的存在已被定位为印度尼西亚执法的基本和有影响力的工具。法官在审查、审判甚至判决案件中的作用实际上依赖于法律和其他衍生法规充分概述的伦理和道德。本研究旨在从法学的角度揭示法官的伦理理想、法官伦理问题的现实以及加强印尼法官的策略。这种类型的研究使用图书馆研究或通过审查相关的图书馆资料进行图书馆研究。研究结果表明,法官伦理的范围包括人格伦理、履职伦理、对法官同事或同事的伦理、对社会或正义追求者的伦理,这些伦理作为一个整体是作为进步和人格形成的手段,作为社会控制的手段,作为法官道德提升的保障。然而,法官的伦理道德却面临着诸多问题,其根源在于法官自身人格的薄弱和法官监督制度的紧张与无效。因此,实行强有力的监督政策,由最高法院作为内部监督,由司法委员会作为外部监督,是克服法官廉正和道德下降的战略对策,并得到建设性努力的支持,例如加强名誉法官小组在审查和决定涉嫌违反道德守则的行为方面的基本表现。激励联络小组及法官督导助理的工作表现,加强配合奖惩政策的严厉制裁,并建立积极回应的法律价值观及文化。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
CONSTRUCTIVE ETHICS OF JUDGES IN INDONESIA; PROBLEMS AND STRATEGIC STRENGTHENING
The existence of judges has been positioned as a fundamental and influential instrument for law enforcement in Indonesia. The role of judges in examining, adjudicating and even deciding cases actually relies on ethics and morality which have been fully outlined by the Law and other derivative regulations. This study aims to unravel the ethical ideals of judges from a juridical perspective, the reality of ethical problems of judges and strategies to strengthen judges in Indonesia. This type of research uses library research or library research through a review of relevant library materials. The results of the study show that the scope of judge ethics includes personality ethics, ethics in carrying out their duties, ethics for colleagues or fellow judges and ethics towards society or seekers of justice which as a whole are intended as a means of progress and personality formation, as a means of social control, and as a guarantee increase in the morality of judges. Despite the fact, the ethics and morality of judges are faced with problems stemming from the weaknesses in the personality of judges internally and the tension and ineffectiveness of the supervisory system externally. Therefore, the realization of a strong oversight policy by involving the Supreme Court as internal oversight and the Judicial Commission as external oversight is a strategic answer to overcoming the decline in the integrity and morality of judges, and is supported by constructive efforts such as strengthening the essential performance of the Honorary Panel of Judges in examining and deciding alleged violations of the code of ethics, stimulated the performance of the liaison team and judge supervisory assistants, strengthened strict sanctions in line with reward and punishment policies and built responsive legal values and culture.
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