LEGAL PROFESSION

ETHICS AND PROFESSIONAL

RESPONSIBILITY

BY
HERU SUSETYO, SH. LL.M. M.SI. PH.D.
Legal Profession Ethics and Professional Responsibility

Credit : 2
Status : Faculty of Law Mandatory Course (2013
Curricula)
Prerequisites :
All FH mandatory courses except PLKH, Philosophy
of Law, Law & Human Rights
 Legal Professions
Public/ Government Judges/ Justices
Private Public Prosecutors
Civil Society Advocate
Public Notary
Legal Officers/ Corporate
Lawyers
Etc.
KPK set to bring Akil Mochtar
to court
Disgraced former Constitutional Court (MK) chief
justice Akil Mochtar will soon stand trial, with
Corruption Eradication Commission (KPK)
investigators saying on Wednesday they had
completed their investigation into his case.
 Prosecutor Arrested
for Graft
http://www.thejakartapost.com/news/2013/12/16/prosecutor-arrested-graft.html

Hard evidence: An investigator (left) along with Corruption

Eradication Commission (KPK) deputy chairman Bambang
Widjojanto (right) and spokesperson Johan Budi exhibit US$100
bills, which the KPK seized in a raid in Praya, Central Lombok, West
Nusa Tenggara, in Jakarta on Sunday. The KPK arrested Praya’s chief
prosecutor and a businesswoman in a hotel room along with Rp 213
million worth of US dollar bills and rupiah in the falsification of land
certificate case in Praya. JP/Wendra Ajistyatama
The Corruption Eradication Commission (KPK) has named M. Subri,
the chief of the Praya Prosecutor’s Office in West Nusa Tenggara, and
a businesswoman, identified as Lusita Ani Razak, suspects in a
bribery case centering on a land certificate forgery case.
This course studies scope and areas of responsibility
of legal profession as well as rules applied to legal
practitioners. In addition, the rules that govern the
legal professionals in carrying out their duties,
namely Legal Ethics and Code of Conduct, will also
be discussed.
Professional Responsibility
Ethics
Legal Profession
Rules
Codes of conduct
A code of conduct is intended to be a central guide
and reference for users in support of day-to-day
decision making. It is meant to clarify an
organization's mission, values and principles,
linking them with standards of professional
conduct. As a reference, it can be used to locate
relevant documents, services and other resources
related to ethics within the organization.
http://www.ethics.org/resource/why-have-code-
conduct
Code of Conduct
Can refer to a listing of required behaviors, the
violation of which would result in disciplinary action.
In practice, used interchangeably with Code of
Ethics.
 COMMON CODE OF ETHICS PROVISION
Employment
 Practices Public Information/Communications


Workplace Harassment
 Advertising and Marketing


Equal Opportunity
 Development and Fundraising

Clarity of Information

Diversity

Access to Information

Fair Treatment of Staff

Transparency of Information

Work-Family Balance

Discrimination
 Conflicts of Interest

Illegal Drugs and Alcohol
 Gifts and Gratuities


Use of Organization Property

 Political Activity

Outside Employment


Employee,
 Client and Vendor Family Members


Information
Relationships with vendors

Maintaining Records and Information

Procurement

Privacy and Confidentiality

Negotiating Contracts

Disclosure of Information

Environmental Issues
Commitment to the Environment
Employee Health and Safety

Ethical Management Practices

Accuracy of books and records and expense reports
Proper use of organizational assets
Protecting proprietary information

Employment Practices
Proper Exercise of Authority
Employee Volunteer Activities

Conflicts of Interest
Disclosure of Financial Interests

Political Involvement
Political Activities
Relationships with vendors
Procurement
Negotiating Contracts
Environmental Issues
Commitment to the Environment
Employee Health and Safety
Ethical Management Practices
Accuracy of books and records and expense reports
Proper use of organizational assets
Protecting proprietary information
Employment Practices
Proper Exercise of Authority
Employee Volunteer Activities
Conflicts of Interest
Disclosure of Financial Interests
Political Involvement
Political Activities
 EXAMPLE : Academic Integrity Rules Northwestern University

Eight Cardinal Rules of Academic Integrity

Know Your Rights. Do not let other students in your class diminish the value of your achievement by
taking unfair advantage. Report any academic dishonesty you see.
Acknowledge Your Sources. Whenever you use words or ideas that are not your own when writing a
paper, use quotation marks where appropriate and cite your source in a footnote, and back it up at the
end with a list of sources consulted.
Protect Your Work. In examinations, do not allow your neighbors to see what you have written; you
are the only one who should receive credit for what you know.
Avoid Suspicion. Do not put yourself in a position where you can be suspected of having copied
another person's work, or of having used unauthorized notes in an examination. Even the appearance of
dishonesty may undermine your instructor's confidence in your work.
Do your own work. The purpose of assignments is to develop your skills and measure your progress.
Letting someone else do your work defeats the purpose of your education, and may lead to serious
charges against you.
Never falsify a record or permit another person to do so. Academic records are regularly audited
and students whose grades have been altered put their entire transcript at risk.
Never fabricate data, citations, or experimental results. Many professional careers have ended
in disgrace, even years after the fabrication first took place.
Always tell the truth when discussing your work with your instructor. Any attempt to deceive
may destroy the relation of teacher and student. 
 NORTHWESTERN UNIVERSITY

A. Basic Standards of Academic Integrity                      

Plagiarism: submitting material that in part or whole is not entirely one's own work without attributing those same
portions to their correct source.
Fabrication: falsifying or inventing any information, data or citation; presenting data that were not gathered in
accordance with standard guidelines defining the appropriate methods for collecting or generating data and failing to
include an accurate account of the method by which the data were gathered or collected.
Obtaining an Unfair Advantage: (a) stealing, reproducing, circulating or otherwise gaining access to examination
materials prior to the time authorized by the instructor; (b) stealing, destroying, defacing or concealing library
materials with the purpose of depriving others of their use; (c) unauthorized collaborating on an academic assignment
(d) retaining, possessing, using or circulating previously given examination materials, where those materials clearly
indicate that they are to be returned to the instructor at the conclusion of the examination; (e) intentionally
obstructing or interfering with another student's academic work or (f) otherwise undertaking activity with the purpose
of creating or obtaining an unfair academic advantage over other students' academic work.
Aiding and Abetting Academic Dishonesty: (a) providing material, information, or other assistance to another
person with knowledge that such aid could be used in any of the violations stated above, or (b) providing false
information in connection with any inquiry regarding academic integrity.
Falsification of Records and Official Documents: altering documents affecting academic records; forging
signatures of authorization or falsifying information on an official academic document, grade report, letter of
permission, petition, drop/add form, ID card, or any other official University document.
Unauthorized Access to computerized academic or administrative records or systems: viewing or
altering computer records, modifying computer programs or systems, releasing or dispensing information gained via
unauthorized access, or interfering with the use or availability of computer systems or information.
The Case of Anggito Abimanyu

Kasus plagiarisme, Anggito Abimanyu mundur

 dari UGM
Merdeka.com –

Anggito Abimanyu akhirnya menyatakan mundur sebagai dosen Fakultas

Ekonomi dan Bisnis Universitas Gadjah Mada (UGM). Pengunduran diri ini
terkait dengan plagiarisme pada tulisannya 'Gagasan Asuransi Bencana' di
kolom Opini Kompas edisi 10 Januari 2014.

"Demi mempertahankan kredibilitas UGM sebagai universitas dengan

komitmen pada nilai-nilai kejujuran, integritas dan tanggung jawab
akademik, saya, Anggito Abimanyu , telah menyampaikan permohonan
pengunduran diri sebagai dosen UGM kepada Rektor UGM," kata Anggito
dalam pernyataan persnya di Kampus UGM, Yogyakarta, Senin (17/2)
 Lord Macmilan on Advocate Responsibility

“In the discharge of his office the advocate

has a duty to his client, a duty to his
opponent, a duty to the court, a duty to
himself and a duty to the state (the art of
the advocate by Richard du Cann)”

(taken from Todung Mulya Lubis Presentation)

 Pledge of Advocate/ Lawyer in the US

I will not wittingly promote or sue any false

groundless of unlawful suit nor give aid and I
consent to the same…”

I will delay no man for lucre or malice, but I will

conduct myself in the office of an attorney within
the court according to the best of my knowledge and
discretion, and with all good fidelity as well to the
courts as my client. So help me God…”
Sources of Code of Conduct/ Ethical Coce

Customary
Practice Religi0n/Belief
laws

Agreements/
State Laws
Convention
 Legal Force of an Ethical Code

How strong?
Soft Law or Hard Law?
Administrative sanction/ punishment or penal
punishment?
 What is law?

T.O. Ihromi: Law as the aspects of culture, has

two functions
First, Pedoman Bertingkah laku  set the rules for
the society how to behave.
Second, the mechanism of social control.  law
should be sosialized and internalized so the
norms become as a part of the personality and
behavior of community members. Internalization
process is not always smooth, there is also a
denial of the norm .
 What is law?(2)

The denial / violation of norms  will be rewarded

with a soft reproval or moral sanction. If the
violation get heavier, the authorities in the society
will give hard penalties / sanctions for the
perpetrator (e.g. fine, physical punishment).

Sanctions: positive (rewards), negative

(punishment)
 What is law? (3)

Sulistyowati Irianto: living anthropological

documents. This means that law are not only state
law, but also "laws" that live in the community,
namely: the values​​, norms, institutions, rules relating
to religion, customs and habits, and contracts. Law
must be placed in reality context.
 What is law?(4)

Pospisil, there are four attributes of law:

authority,
universality,
obligatio (not obligation!),
sanction.
 What is law (7)

Maria Farida Indrati:

The rule of law is heteronomous because it
comes from outside of us;
Legal norms are always connected with penal
sanctions or physically sanctions;
Penal sanctions in the norm of law implemented
by the state;