IMPLEMENTATION OF THE CODE OF ETHICS AND GUIDELINES FOR JUDGES' CONDUCT TOWARDS A FAIR TRIAL PROCESS

Abstract

A fair trial is a universal principle contained in various international human rights instruments, procedural law, and professional codes of ethics that serve as guidelines for judges in examining, trying and deciding cases. To assess whether or not there is a fair trial, it can be identified through these instruments. The problems in this study: first, the tendency of violations of the Code of Ethics and Guidelines for Judges' Conduct (KE PPH). Second, the tendency of sanctions recommended and imposed during the 9 (nine) years of the KY (2005-2014). This study is classified as non-doctrinal legal research with a socio-legal approach. The results of the study concluded: first, in the first five-year period, there was no tendency for a significant increase in reports, while in the second five years there was a significant increase. Likewise with the areas supplying reports; DKI Jakarta is the court area with the highest number of reports. The types of KE PPH violations tend to be dominated by unprofessional, undisciplined, unfair and dishonest judges. Second, for the types of sanctions, the dominant sanctions are light and moderate sanctions. Severe sanctions in the form of dishonorable discharge, dismissal with pension rights and non-discharge for 1-2 years tend to increase from year to year.