Ethics in the profession as a profession either law enforcement , military , Police and so very needed . Ethics is a limit to the law enforcement agencies , especially the Police for not abusing authority as law enforcement .
Indonesian National Police ( INP ) in the role of law enforcement at the age of 63 years to always continue to strive to give good results . Symptoms of the decline of the legal profession looks of the emergence of the term " judicial mafia " , and people began to feel that it is better to resolve a case as much as possible not to court with the help of the legal profession . What does it mean to say that the profession in decline ( seriouly impaired) ? What size to judge that? The answer is that if the code of professional conduct is not adhered to by the majority of the pengembannya . But , what the professional code of ethics , and why the profession requires a code of ethics ? The answer will depend on our understanding of the profession itself .
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The words of the profession and professionals have often used and has several meanings . In everyday speech , the word profession is defined as work ( fixed ) to earn a living ( Netherlands ; baan ; juicer : job or occupation) , which is legal and which are not . Thus , the profession is defined as any activity to earn a living and equipment are carried out with regard to the way skilled work and the work of high quality with a high get paid . The expertise gained through experience , learning on educational institutions ( higher ) specific , intensive training , or a combination of all of it . In relation to this notion , often distinguished professional understanding and professionalism as opposed to amateurs and amateurism , for example in the world of sports , which are often also linked to the definition of a regular job as opposed to odd jobs .
Profession carrier is a person who has expertise in a particular field berkeilmuan . Because of this , he is able to independently meet the needs of people who require care in a field that requires expertise berkeilmuan it . Bearers profession concerned themselves decide on what to do in carrying out his professional developing of action . He was personally responsible for the quality of services being operated . Therefore , the nature of the relationship between the carrier and the patient or his client's profession is a personal relationship , namely the relationship between the subject of supporting values .
Such a personal relationship that was the horizontal relationship between the two parties formally juridical same status . Nevertheless , the actual substance of the relationship between the carrier and the client 's profession as a socio - psychological imbalance there . In the developing of his profession , a profession carrier owns and runs the professional authority against his client , which rests on the authority of technical competence superior .
The client does not have the technical competence or are not in a position to be able to objectively assess the implementation of the technical competence of the requested bearer service professional profession . Therefore , if a client came to call the carrier or profession to request services or professional services , then the client essentially has no choice but to provide quality care professional and dignified manner . Previous description shows that the relationship between carrier horosontal profession and his clients are also a relationship of trust . This means that the client is requesting professional services , carrier came profession concerned with the full confidence that the bearers of the profession will not abuse the situation , that it is a dignified profession carrier will deploy the knowledge and expertise in running berkeilmuannya professional services .
Because it is a social function that is directly related to the value that determines the degree of realization of basic human dignity , the actual developing of a profession or a professional service that requires public supervision . But in general , are not the bearers of the profession in question , does not have the technical competence to be able to assess and conduct effective oversight of developing of the profession . Including the government bureaucracy is difficult to implement surveillance and social control ( social control ) against professional services effectively . A range of social control by the government bureaucracy with a very limited rule of law , either because of personal characteristics on the relationship between the carrier and the client as well as the profession bearers profession has certain powers and authority to run against his client .
Law Enforcement
That professional ethics are the attitudes of professional services to meet the needs of the client with the involvement and expertise as a service within the framework of society as a whole obligation of members of the public who need to be accompanied careful reflection , based on the sense of the presence of the principal rules of professional ethics as follows :
Profession must be seen ( and lived ) as a service ;
Professional services in referring to prioritize the interests of the client or the interests of the great value as criticism norms that motivate attitudes and actions ;
Bearer profession should always be oriented to the community as a whole ;
To be competitive in the service must take place in a healthy manner to guarantee the quality and improvement of developing of the profession.
Professional ethics is an ethical stance as an integral part of life attitude in life as a professional carrier . Only a professional carrier in question can or most know about whether their conduct in carrying out the profession meet the demands of professional ethics or not . Because it does not have the technical competence , the layman can not judge it . This means , adherence to professional ethics will largely depend on the moral character and profession concerned bearers . Besides bearers profession often faced with situations that pose a thorny issue to determine what behavior that meets the demands of professional ethics . While the behavior in the developing of the profession can bring negative consequences that far to the client , which may indicate the fact that the bearers of the profession itself requires the presence of a more concrete objective guidelines for professional behavior . Because of this , the bearers of the environmental profession itself raised a set of behavioral rules as guidelines to be followed in carrying out the profession. Devices that rule is referred to as a code of professional conduct ( commonly abbreviated as : code of ethics ) , which can be written or unwritten . At the present time , a code of conduct that is generally in the form of written formally defined by each respective professional organizations . Basically , a code of conduct that aims to preserve the dignity of the profession in question , and on the other hand to protect the clients ( citizens ) of abuse or expertise and professional authority . That the further development of the code of conduct , including a group of positive moral code .
These conditions , both the reign of the new order and post-reform governments , including the current government in the context of technical , the existence of " code of conduct " in serving the lives of many people , not total self-image and identity as a public service . In other words , they show the abuses committed by the professional ethics of the profession bearers are individualistic .
Moreover, the demands associated with the aspirations of the people who want a total reform of the whole order of the public service , and we are still hoping against hope to get the evidence , whether in fact the carrier of this profession is based on common sense and good morals or a selfless devotion to the profession ?
The reality is , the clients ( citizens ) still have to bear the burden in the wound twists any problems it faces when done by a professional carrier even though he is able to pay , but he will continue to be haunted by the shadow of anxiety when faced problems can not be solved completely . In fact , in reality the process is expensive to be paid , both morally and materially .
Even so , the process must be calculated weaknesses , both formal judicial and psychologically , without it we would be trapped again by the arrogant behavior and culture of arbitrariness in completing each process in developing of the profession. Still fundamental problems that we face today , not in spite of a series of moral behavior of the carrier professions closely with colonialist feudal culture . And the reaction , came to light after the client ( citizens ) in various regions have the courage to fight back their rights and obligations in the legal community patterns .
At the very least , they were able to control and structuring of the public , the profession that deviant behavior is performed by each carrier of the profession in order to function in society, which require professional services and professional proportionally in solving problems that arise in the life of society as a true fairy and complete .
Legal profession and realize the issues related to maintaining order in which justice in society . Order that justice is a basic human kebutuhab , because only in such a situation people can live their lives naturally , ie according to the value of humanity . The value and virtue of justice is the most sublime and is an essential element of human dignity .
Law , the rules of positive law , legal awareness , awareness of ethical and justice rooted in respect for human dignity . Respect for human dignity is the starting point or foundation bertumpunya and final goal of the law . As a means to achieve a just order , rule of law embodied in various social behavior so-called rule of law . Overall positive legal norms prevailing in a society structured in a system called the rule of law . There is a rule of law and the functioning of the rules of law and its enforcement is a product of human struggle in an effort to overcome various problems of life in the community , including tackling and direct negative tendencies to be positive and actualize or memproduktifkan positive tendencies that exist within humans .
In every struggle , people try to understand , process and creatively accommodate various social reality on the values espoused and expressed in structuring the system behavior and life together in the form of legal norms , making it useful for the protection of human dignity in accordance with the level of development of civilization which has been reached . It could be argued that the dynamics of human life , the law and the legal system is one very important factor in the process of refining the manners of mankind . Quality of life laws and ordinances of the law of a society reflects the level of moral or cultural situation of the people concerned .
Implementation and enforcement of equitable order in the common life as a basic human need in order to remain dignified human life is a function of society . At the level of civilization that has been compounded , organizing social functions and equitable enforcement of the order in his daily life embodied by the legal profession . The social role of the legal profession can be divided into four areas of legal work , namely :
1 . Completion of a formal conflict ( justice ) .
2 . Prevention of conflict ( legal drafting , legal advice) .
3 . Informal conflict resolution .
4 . Application of law outside the conflict .
At the present time , which is included in part of the legal profession that typically embody field work is legal positions of judges, lawyers and notaries . Any positions to which it aspires , one of the legal profession in carrying out its functions should always refer to the purpose of the law to provide shelter to every human being to realize a just order , which is based on respect for human dignity .
In the dynamics of everyday life are not infrequent conflicts of interest among members of the community , it is often a conflict of interest can not be resolved either by the parties concerned , because each party will of course tend to try by all means to defend its interests . Such a way that will cause tension in society and can lead to the creation of atmosphere " bellum omnium contra omnes " by the law of jungle : " who is strong he who wins " . To be able to regularly resolve conflicts of interest for the sake of maintaining good order in society , it is necessary to have the institution ( institutional ) that is able to provide closure particular impartially ( impartiality ) and based on objectively valid benchmark . To resolve conflicts of interest formally with fair certainty , then formed a complete judicial institution with the procedural rules and related positions , ie judges , lawyers and prosecutors .
Principal authority of the judiciary is to act examination, evaluation and determination of the value of certain human behavior and determine the value of a concrete situation and solve the problem ( conflict ) posed impartially based on the law in this case can be used as an objective benchmark . That authority is called authority ( authority ) of the judiciary , where decision-making in realizing the judicial authority in concrete reality , carried out by the judiciary officials called the judge .
Basically , the task of the judge is to give a decision on every case ( conflict ) that confronted him . That is , the judge in charge to establish a legal relationship , the value of behavioral law and legal position of the parties involved in the situation that confronted him . In order to resolve the problem or conflict that confronted him impartially based on the law , then the decision-making process , judges should be independent and free from the influence of any party , including the government though . In taking the decision of the judges is only tied to the relevant facts and legal norms be used as a foundation or juridical decision , in addition to the ethical stance or professional ethics of judges should be cored : attitude of piety to God Almighty , honest , fair , wise , impartial ( unbiased) , polite , patient , firm hold confidential positions , and true solidarity . And the responsibility between judge and advocate or legal counsel is the responsibility and authority alone , the judge is limited to one area of legal work , namely conflict resolution and formal issues , while advocates or legal counsel can play a role in all areas of law in carrying out the work of the profession . An advocate or legal counsel should always refer to the efforts to establish order and rule of law with justice . Because of this , basically professional ethics of judges also apply to lawyers . Ethically , lawyers or attorneys are obligated to uphold the principles of law and human dignity .
The description above portrait of the code of ethics of the legal profession in the form of an ideal , although in fact we can find deviations that occur in this context . It is unusual , in fact it means almost nothing concrete hadil something in its ideal form . However , if these distortions is quite far and covers many aspects and extends all, then maybe we can talk about a crisis or a fundamental change with any consequences and logical consequences in social life . This description actually begins by showing the symptoms that show the possibility of a crisis in the world of our profession which may include all the professions that exist today .
The ultimate goal ( essential goals) the carrier of the profession in carrying out the work of his profession is realizing the objective (objective achievement) and recognition . In fact there are some things that are very important not only as a symbol of recognition alone , but in other contexts . For example , apply for the money . Because money is important in relation to what it can buy , but is also important in its role as a symbol of the real recognition of the quality of the work of the profession ideal profesionalnya.Gambaran only applies to situations in which there are aspects of the work objective and well -integrated . If the actual reality deviates from the ideal condition , the objective work that has value and acquisition of various institutional recognition emblem will not articulated or properly processed . The quality of the legal profession will decline if the political establishment to master the profession in order to neutralize potential sources of criticism , the legal profession is trapped by the client's interests , for fear of losing clients , professional carrier subjectively involved too much in kepentigan client , and ultimately the quality of the judiciary is very low and alarming condition.
From what has been said , it can be said that the profession is an institutional framework in which there are a number of the most important social functions run , especially the development and teaching of science and the humanities and As a practical application in other fields of science terutana in the legal field . It needs to be cultivated in order to professions is capable mempertahanlkan autonomy , for example through professional organizations yangkemandiriannya recognized and respected by the public authorities and the public , and supported by processes and methods that also includes efforts to systematically cultivate ethical stance in accordance with the dynamics of people's lives now this .
Therefore , to build this discourse in a society that is still being emotionally reactive , the role of the legal profession and the professional will determine the proportionate . If you are not able to portray themselves and their identity , people will not be affected to comply with and obey the law . Because what we need is the legal profession who can portray elements of idealism and realistic in applying each performance , so that all forms of hope and reality between morals and devotion in the code of ethics of the legal profession will manifest itself ,
