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The Criminal Procedure Code (KUHAP) as an Instrument for Assessing Judges’ Compliance with the 10 Points of the Code of Ethics and Guidelines for Judges’ Conduct (KEPPH) in Criminal Trials Junaidi Syamfran
Journal of Mathematics Instruction, Social Research and Opinion Vol. 5 No. 1 (2026): March
Publisher : MASI Mandiri Edukasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58421/misro.v5i1.1068

Abstract

This study analyzes the position of Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP 2025) as an instrument for assessing judges’ compliance with the 10 Points of the Code of Ethics and Guidelines for Judges’ Conduct (KEPPH) in criminal trials. The KUHAP update is not only intended as a technical adjustment to the enactment of the new KUHP, but also as a means of integrating judicial ethical values into binding criminal procedure law norms. This study uses normative legal methods, drawing on statutory, conceptual, and Critical Legal Studies (CLS) approaches. The results show that the 2025 KUHAP has systematically internalized the KEPPH principles into various procedural provisions, ranging from justice, honesty, and wisdom to independence, integrity, responsibility, judicial dignity, discipline, humility, and the professionalism of judges. However, from a CLS perspective, this integration has not fully dismantled the structural power relations in the criminal justice system. Juridified ethical norms still have the potential to be reduced to formal compliance if they are not accompanied by judges’ critical awareness of the structural inequalities inherent in judicial practice. Therefore, the effectiveness of the 2025 Criminal Procedure Code as an instrument for evaluating judicial ethics depends heavily on the transformation of judicial awareness toward substantive justice.
Synergy of PERMA No. 3 of 2017 and the 10 Points of the Code of Ethics for Judges in Realizing Fair Trials for Women Facing the Law Junaidi Syamfran
Journal of Mathematics Instruction, Social Research and Opinion Vol. 4 No. 4 (2025): December
Publisher : MASI Mandiri Edukasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58421/misro.v4i4.956

Abstract

This study examines the implementation of Supreme Court Regulation (PERMA) Number 3 of 2017 and the 10-Point Code of Ethics and Guidelines for Judges' Conduct in realizing fair trials for women in Indonesia. Although the principle of gender equality has been normatively guaranteed, trial practice shows that women still face structural and cultural discrimination. A qualitative normative legal approach is used through analysis of documents, legal literature, and court decisions to assess the application of substantive norms and judicial ethics. The results show that PERMA No. 3 of 2017 provides substantive guidelines emphasizing non-discrimination, respect for women's rights, and substantive justice, while the judicial code of ethics serves as a moral foundation that guides judicial behavior. The synergy between these two instruments enhances gender sensitivity in judicial decisions, though its implementation remains influenced by differences in judicial understanding, patriarchal legal culture, and limited resources. This study emphasizes the importance of internalizing ethics and gender sensitivity training as strategies to ensure fair, humane, and non-discriminatory trials.