It is considered time for Indonesia to have a special institution to handle ethical violations, namely the National Ethics Court, in order to improve the fragility of the ethics of state administrators.
This was emphasized by the Chief Justice of the Constitutional Court 2003-2008, Jimly Asshiddiqie, in a focused discussion forum (FGD) with the theme “The Fragility of State Administrators’ Ethics: A Legal Culture Perspective” held by the Pancasila Ideology Development Agency (BPIP) at Hasanuddin University, Makassar, South Sulawesi, on Tuesday (17/9/2024).
Jimly said that since 2009, he has repeatedly promoted the importance of organizing an ethical system in Indonesia. However, until now, there has been no real effort from the government to realize the recommendations that have been stated in MPR Decree Number 6 of 2001 concerning the Ethics of National Life.
The decree explicitly mandates the president, state administrators, and the public to uphold the ethics of national and state life.
“I have held three national conventions on the ethics of national life. Even during President Jokowi’s inauguration in 2019, the MPR Chairman supported the idea of establishing a National Ethics Court. It has been approved, but no one has worked on the technicalities,” said Jimly in the latest discussion.
According to the former Chairman of the Election Organizer Honorary Council (DKPP), the current momentum is very appropriate to start the formation of the National Ethics Court. This institution is expected to be able to answer the ethical issues that plague various public sectors in Indonesia. He believes that the Ethics Court will be an institution that plays an important role in maintaining the integrity of public officials and state administrators.
Also read: Ethics Court Needed to Address Fragility of State Administrators’ Ethics
“I believe the timing is right. We will create a law on national ethics and the National Ethics Court. This law will regulate the substance of ethics and its supporting infrastructure, not only concerning state administrators, but also all public positions,” he stressed.
Jimly added that ethical violations do not only occur among state administrators, but also in various professional organizations and other public sectors.
“Public office ethics are broader than just the ethics of state administrators. There are serious problems in various sectors, from the police to political parties, even in the world of health and professional organizations,” Jimly explained.
Supreme Court Justice and Professor of Law at Krisnadwipayana University, Topaen Gayus Lumbuun, emphasized the importance of ethics in national life. According to Gayus, ethics emerge when the law is no longer able to resolve the problems that occur, especially when facing a multidimensional crisis such as that experienced by Indonesia in 1998.
“Ethically, it is very possible for a policy to be wiser than simply following the rule of law. However, does the policy of state administrators always work well? Apparently not,” said Gayus.
He quoted Jimly’s writing which stated that laws enforced as statutes are indeed good, but the law should not be used as a tool by individuals or groups to enforce personal power.
Gayus also highlighted how social, legal, economic, political, and environmental ethics must be upheld as part of national and state life. He reminded about the importance of MPR Decree Number 6 of 2001 which contains recommendations on enforcing ethics in various fields.
Hasanuddin University Law Professor Andi Pangerang Moenta underlined the importance of a legal culture based on ethics in community life. According to Andi, the legal culture in Indonesia is still at the stage of “compliance” or obedience due to fear of sanctions, while ideally, legal compliance should be rooted in the internalization of ethical values.
“We are still at the level of compliance because of fear, the journey towards internalization is still long. Even if the law is good and the apparatus is also good, if the legal culture is not supported, it cannot work,” Andi explained.
He also reminded that the main cause of legal problems in Indonesia is a pragmatic and materialistic culture of thinking. Andi said that the six principles of Bugis life can also be one way to enforce ethics in Indonesia. The six principles are lempu’ (honesty), getting (firmness), acca (wisdom), asitinajang (appropriateness), reso (hard work), and siri’ (self-esteem).
Constitutional Justice 2003-2014, Harjono, said that Pancasila as the source of all laws in Indonesia actually includes ethical values that must be implemented in all sectors of life. However, he reminded that the ethical crisis currently experienced by Indonesia shows a fundamental problem in the implementation of Pancasila values.
“The Pancasila issue has two dimensions: outlook on life and ethical crisis. We are already in an ethical crisis, and if not addressed, future generations could be trapped in a deeper crisis,” said Harjono, who also served as Deputy Chief Justice of the Constitutional Court in 2008.
He emphasized that Pancasila must become the nation’s philosophy of life that is not only spoken, but also implemented concretely in daily life, especially in the administration of the state.
In accordance with its duties and functions, BPIP is committed to following up on the formation of the National Ethics Court through a comprehensive study until the proposed bill is born. (Z-8)
#Discourse #Establishing #Ethics #Court #Supervise #State #Administrators #Emerges
Values
Table of Contents
Establishing an Ethics Court in Indonesia: A Step towards Improving State Administrators’ Integrity
Indonesia is considering the establishment of a special institution, the National Ethics Court, to tackle ethical violations among state administrators. This proposal has been emphasized by the Former Chief Justice of the Constitutional Court, Jimly Asshiddiqie, who has been advocating for an ethical system in Indonesia since 2009. The idea of creating an Ethics Court has been around for a while, but it has yet to be realized.
The Need for an Ethics Court
Jimly believes that the current momentum is ideal for forming the National Ethics Court, which will play a crucial role in maintaining the integrity of public officials and state administrators. He stressed that ethical violations are not limited to state administrators but also occur in various professional organizations and public sectors. The Ethics Court is expected to address these issues and promote ethical values in national life.
The Fragility of State Administrators’ Ethics
The discussion on establishing an Ethics Court comes at a time when the fragility of state administrators’ ethics is a pressing concern. Jimly highlighted that the current momentum is ripe for creating a law on national ethics and the National Ethics Court, which will regulate the substance of ethics and its supporting infrastructure. This law will not only concern state administrators but also all public positions.
The Importance of Ethics in National Life
Supreme Court Justice and Professor of Law, Topaen Gayus Lumbuun, emphasized the importance of ethics in national life. He quoted Jimly’s writing, which stated that laws enforced as statutes are good, but the law should not be used as a tool by individuals or groups to enforce personal power. Gayus also highlighted the need to uphold social, legal, economic, political, and environmental ethics as part of national and state life.
Legal Culture and Ethics
Hasanuddin University Law Professor, Andi Pangerang Moenta, underlined the importance of a legal culture based on ethics in community life. He emphasized that legal compliance in Indonesia is still at the stage of “compliance” due to fear of sanctions, while ideally, legal compliance should be rooted in the internalization of ethical values.
Pancasila and Ethical Values
Constitutional Justice, Harjono, said that Pancasila, as the source of all laws in Indonesia, includes ethical values that must be implemented in all sectors of life. However, he reminded that the ethical crisis currently experienced by Indonesia shows a fundamental problem in the implementation of Pancasila values.
Conclusion
The establishment of a National Ethics Court in Indonesia is a crucial step towards improving the integrity of state administrators and promoting ethical values in national life. This institution is expected to address ethical violations in various public sectors and maintain the integrity of public officials. It is high time for Indonesia to take concrete steps towards realizing the recommendations stated in MPR Decree Number 6 of 2001 concerning the Ethics of National Life.
Keywords: National Ethics Court, State Administrators, Ethics, Integrity, Indonesia, Jimly Asshiddiqie, Pancasila, Legal Culture, Ethical Values.
Meta Description: Discover the importance of establishing a National Ethics Court in Indonesia to promote ethical values and improve the integrity of state administrators. Learn more about the fragility of state administrators’ ethics and the need for a legal culture based on ethics.
Header Tags:
H1: Establishing an Ethics Court in Indonesia: A Step towards Improving State Administrators’ Integrity
H2: The Need for an Ethics Court
H2: The Fragility of State Administrators’ Ethics
H2: The Importance of Ethics in National Life
H2: Legal Culture and Ethics
H2: Pancasila and Ethical
Public administration and governance in Indonesia.
Establishing an Ethics Court: A Crucial Step towards Improving State Administrators’ Ethics in Indonesia
In the midst of Indonesia’s ongoing efforts to strengthen good governance and promote ethical behavior among state administrators, the call for the establishment of a special institution to handle ethical violations has grown louder. TheNational Ethics Court, as proposed by former Chief Justice of the Constitutional Court, Jimly Asshiddiqie, aims to address the fragility of ethics among state administrators and promote a culture of integrity in public service.
The necessity of an Ethics Court in Indonesia was highlighted during a focused discussion forum held by the Pancasila Ideology Development Agency (BPIP) at Hasanuddin University, Makassar, South Sulawesi. The forum, themed “The Fragility of State Administrators’ Ethics: A Legal Culture Perspective,” brought together prominent figures, including Jimly Asshiddiqie, Supreme Court Justice Topaen Gayus Lumbuun, and Hasanuddin University Law Professor Andi Pangerang Moenta.
The Fragility of Ethics among State Administrators
Jimly Asshiddiqie emphasized that the establishment of an Ethics Court is long overdue, given the repeated ethical violations committed by state administrators. Since 2009, he has consistently advocated for the importance of organizing an ethical system in Indonesia, yet the government has shown little progress in realizing the recommendations outlined in MPR Decree Number 6 of 2001 concerning the Ethics of National Life.
The decree explicitly mandates the president, state administrators, and the public to uphold the ethics of national and state life. However, despite repeated calls for action, the government has failed to take concrete steps to establish an Ethics Court, leading to a pervasive culture of impunity among state administrators.
The Need for a National Ethics Court
Jimly Asshiddiqie believes that the current momentum is ripe for the formation of a National Ethics Court, which will play a crucial role in maintaining the integrity of public officials and state administrators. This institution will be responsible for investigating and sanctioning ethical violations, ensuring that those found guilty are held accountable for their actions.
Moreover, the Ethics Court will not only focus on state administrators but also address ethical issues plaguing various public sectors, including professional organizations and other public institutions. By doing so, it will promote a culture of accountability and transparency, essential for building trust in public institutions.
The Importance of Ethics in National Life
Topaen Gayus Lumbuun, a Supreme Court Justice and Law Professor, emphasized the significance of ethics in national life. He noted that ethics emerge when the law is no longer able to resolve the problems that occur, especially when facing a multidimensional crisis such as Indonesia experienced in 1998.
Furthermore, Gayus quoted Jimly’s writing, which stated that laws enforced as statutes are indeed good, but the law should not be used as a tool by individuals or groups to enforce personal power. This highlights the importance of upholding social, legal, economic, political, and environmental ethics as part of national and state life.
The Role of Legal Culture in Promoting Ethics
Hasanuddin University Law Professor Andi Pangerang Moenta stressed the importance of a legal culture based on ethics in community life. He noted that the legal culture in Indonesia is still at the stage of “compliance” or obedience due to fear of sanctions, rather than internalization of ethical values.
Andi suggested that the six principles of Bugis life, including lempu’ (honesty), getting (firmness), and acca (courtesy), can serve as a valuable framework for promoting ethics in
