Justifikasi Pelembagaan Peradilan Etik

Abstract

This study examines the justification of institutionalize the court of ethic. This type of research is normative juridical. The approach used is a historical, statue, and conceptual approach. The results show that urgency of institutionalization court of ethic is justified by three things. First, philosophical justification. Philosophically, as staatsfundamental norm, Pancasila as the source of rule of ethic in nation and state. Second, juridical justification. After the amendment of UUD 1945, the constitution provides assurance of the importance of the rule of ethic in the body of the Constitution. It is based on the imperative phrase of the Constitution which provides a good behavior prerequisite for becoming a state official. Third, sociological justification. The proliferation of ethical supervisory body after the amendment of the Constitution requires institutional consolidation, due to the weak internal adjudication process conducted by each supervisory institution at this time. Therefore, the institutionalization of court of ethic can be an alternative to enforce the function of adjudication of ethical violations in an integrated manner.