PERSPEKTIF KEADILAN BERMARTABAT DALAM PARADOKS ETIKA DAN HUKUM

  • Fradhana Putra Disantara Master of Law, Faculty of Law, University of Jember

Abstract

 
The law and ethics have a relationship between the two. However, there are often conflicts between law and ethics. This phenomenon is as happened in the case of cancellation by the State Administrative Court (PTUN) of the Presidential Decree as a follow-up to the ethical decision that is final and binding from the Election Organizing Honorary Council (DKPP). This study uses a statutory and conceptual approach by using primary and secondary legal materials. The two legal materials are inventoried to obtain a prescriptive legal analysis and provide a holistic conceptual study of the legal issues discussed. This legal research aims to analyze the position of ethics in legal instruments in Indonesia concerning infrastructure and ethical decisions and to investigate the enigma between law and ethics in one case in the perspective of a dignified justice theory. The study results show that the DKPP decision's position is equivalent to a legal court decision. On the other hand, the role of ethics in legal instruments in Indonesia is equal; and is based on the 1945 Constitution of the Republic of Indonesia. Based on the perspective of the theory of dignified justice, the cancellation of the Presidential Decree as a follow-up to the ethical judgment of the DKPP has ‘abused’ the three legal functions. Thus, it is necessary to distinguish between Presidential Decrees, which are products of administrative law and the Presidential Decree, which is a follow-up to the decision of the DKPP ethical court.
Keywords: Law and Ethics, Dignified Justice, DKPP, Ethics Court.

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Published
Oct 7, 2021
How to Cite
DISANTARA, Fradhana Putra. PERSPEKTIF KEADILAN BERMARTABAT DALAM PARADOKS ETIKA DAN HUKUM. JURNAL LITIGASI (e-Journal), [S.l.], v. 22, n. 2, p. 205-229, oct. 2021. ISSN 2442-2274. Available at: <https://journal.unpas.ac.id/index.php/litigasi/article/view/4211>. Date accessed: 28 june 2022. doi: http://dx.doi.org/10.23969/litigasi.v22i2.4211.
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Articles