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Articles published on Legal ethics

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  • Research Article
  • 10.35719/yga8ay27
Donor Sperm, Lineage, and Preventive Islamic Legal Reasoning: A Sadd al-Dharīʿah Analysis
  • Mar 26, 2026
  • Indonesian Journal of Islamic Law
  • Salma Salma + 3 more

Artificial insemination using donor sperm represents a significant challenge to the integrity of lineage (nasab) within contemporary legal and social systems. As a form of assisted reproductive technology, it enables non-conventional forms of procreation that raise complex ethical, legal, and social concerns, particularly regarding kinship, identity, and marital legitimacy. Among the most notable cases is the fertility fraud incident in Indianapolis, where a physician inseminated numerous patients with his own sperm without their knowledge or consent, resulting in extensive and unintended biological relations. This study examines the legal and ethical implications of donor sperm insemination through the framework of sadd al-dharīʿah as a form of preventive Islamic legal reasoning. Employing a qualitative approach based on library research and content analysis, the study draws on documentary materials, including the Our Father case, as well as relevant legal and theoretical literature. The analysis focuses on how reproductive technologies, when detached from normative constraints, generate risks that extend beyond individual cases to broader social structures and systems of lineage governance. The findings indicate that donor sperm insemination poses serious risks to the preservation of lineage (ḥifẓ al-nasl), potentially leading to genealogical ambiguity, inadvertent consanguinity, and disruptions in family structure. Within this context, sadd al-dharīʿah provides a relevant analytical framework for anticipating and preventing harm by restricting practices that may lead to legally and socially undesirable consequences. This article contributes to the ongoing discourse on Islamic legal reasoning by demonstrating the applicability of preventive principles in addressing emerging bioethical challenges, while situating lineage not only as a matter of individual rights but also as a concern of social order and legal ethics.

  • Research Article
  • 10.1007/s11196-026-10441-w
Legal Moralism Reconsidered: Vice Jurisprudence and the Limits of Liberal Neutrality
  • Feb 26, 2026
  • International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
  • Tristan J Rogers

Legal Moralism Reconsidered: Vice Jurisprudence and the Limits of Liberal Neutrality

  • Research Article
  • 10.29173/alr2886
Toward a Restorative Approach to Legal Ethics and Professional Responsibility
  • Feb 25, 2026
  • Alberta Law Review
  • Daniel Del Gobbo

This article explores the relationship between legal ethics and restorative justice. It argues that the legal profession should be reoriented around restorative justice as the moral foundation of a more progressive approach to legal ethics and professional responsibility. It translates concepts from restorative justice into ethical terms, grounding ideas about interdependence, community involvement, and public accountability into a list of restorative principles that can be readily applied in the practice of law, and recommending a series of practices and regulatory measures that are consistent with a restorative principles-based approach. Ultimately, the article shows that such an approach has the potential to raise the moral consciousness of lawyers, facilitate collaboration within communities and across systems, and redefine the role of lawyers in the administration of justice, transforming conditions of law and society in a more equitable direction.

  • Research Article
  • 10.65434/jst.v3i1.46
Abuse Of Investigator Authority In The Investigation Process Of Narcotics Crimes In Indonesia
  • Feb 18, 2026
  • Jurnal Sostekmas: Jurnal Ilmu Sosial, Teknologi, dan Pengabdian Masyarakat
  • Harry Pahlevi

Investigators play a crucial role in determining the direction of drug crime investigations. However, abuse of authority frequently occurs, resulting in human rights violations and a decline in public trust in law enforcement. This study aims to analyze the legal accountability of investigators for abuse of authority in drug crime investigations in Indonesia. Using a normative juridical approach, this study examines the legal, philosophical, and sociological aspects. Legally, investigators can be held accountable for criminal, ethical, and administrative offenses. Philosophically, abuse of authority contradicts the principles of justice and legal morality. Sociologically, this phenomenon reflects weak internal oversight and a culture of impunity within the police institution. The results indicate that the oversight mechanism remains weak and ineffective in upholding investigator accountability. Transparent and independent oversight system reform is needed to achieve substantive justice.

  • Research Article
  • 10.61306/ijmea.v4i1.696
Size Matters in Legal Ethics: Contrasting Mediating Mechanisms of Reputational Capital
  • Jan 14, 2026
  • International Journal of Management, Economic and Accounting
  • Raja Frans + 3 more

The efficacy of digital signaling in credence goods markets remains paradoxical: while visibility tools are universal, their reputational impact is highly context-dependent. This study challenges the prevailing "one-size-fits-all" assumption in legal services marketing by examining firm size as a critical boundary condition. Drawing on a synthesis of Signaling Theory and Institutional Theory, we posit that the mechanism of building reputational capital differs fundamentally between market challengers (small firms) and incumbents (large firms). Data were collected from 126 strategic elites (partners/founders) in the Indonesian legal sector, representing a high-uncertainty emerging market context. The model was tested using Partial Least Squares Multi-Group Analysis (PLS-MGA). The results confirm a sharp strategic dichotomy. For small firms, professional ethics functions as an "offensive weapon," where digital signaling intensity yields a massive impact on ethical legitimacy , effectively overcoming the liability of newness. Conversely, for large firms, ethics serves merely as a "defensive shield" or hygiene factor, with a significantly lower conversion rate , as their reputation is already "embedded" in historical institutional structures. Theoretically, this research introduces the concept of "Signal Elasticity," demonstrating that the reputational yield of ethical signaling is structurally contingent. These findings provide tailored strategic prescriptions for "Davids" and "Goliaths" in the digital legal marketplace, suggesting that while challengers must prioritize high-fidelity signaling, incumbents should focus on maintaining institutional buffers.

  • Research Article
  • 10.5539/jel.v15n3p299
Good Governance Management for High-Performance Organization of The Faculty of Medicine Siriraj Hospital, Mahidol University
  • Jan 12, 2026
  • Journal of Education and Learning
  • Sunapa Ketkuntorn + 1 more

The purpose of this research is clearly defined: to study (1) the components of ethical governance in the organizational management of the Faculty of Medicine Siriraj Hospital, Mahidol University; (2) the components of an excellent organization within the Faculty of Medicine Siriraj Hospital; and (3) the fundamental principles of ethical governance that impact the excellence of the Faculty of Medicine Siriraj Hospital, Mahidol University. The researchers utilized a quantitative research tool, specifically a questionnaire, with a sample group of 400 administrators and staff members from the Faculty of Medicine Siriraj Hospital, Mahidol University. Convenience sampling was employed for sample selection. Data analysis in this research focused on percentages, means, and standard deviations, in addition to using confirmatory factor analysis and structural equation modeling. The research findings indicate the following: 1) Ethical Governance Components: The components of ethical governance in the organizational management of the Faculty of Medicine Siriraj Hospital, Mahidol University, consist of five factors, ranked in order of importance: legal ethics (primary factor), responsibility burden (second factor), transparency (third factor), participation (fourth factor), and responsiveness (fifth factor). 2) Excellent Organization Components: The components of an excellent organization within the Faculty of Medicine Siriraj Hospital, Mahidol University, consist of seven factors, ranked in order of importance: performance measurement, sustainable success orientation, emphasis on organizational leadership, emphasis on strategies, focus on service recipients and stakeholders, human resource management, and access and utilization of information. 3) Ethical Governance Principles and Excellence: The fundamental principles of ethical governance in management encompass legal ethics, responsibility burden, participation, transparency, and responsiveness. These principles align with the commonly accepted tenets of deontological ethics, which emphasizes that morally correct actions are those performed according to rules and duties (duty for duty’s sake). This involves performing duties without hidden agendas or pursuing concealed benefits, ultimately contributing to the excellence of the Faculty of Medicine Siriraj Hospital, Mahidol University as an organization.

  • Research Article
  • 10.18189/isicu.2025.32.3.159
대마 비범죄화(decriminalization)의 국제적 동향과 시사점 - 하트-데블린 논쟁과 관련하여
  • Dec 30, 2025
  • The Legal Studies Institute of Chosun University
  • Jong Goo Kim

This article re-examines the legitimacy of criminal regulation of cannabis use within the theoretical framework of the Hart-Devlin debate, with a view to clarifying the limits of criminal law intervention in cases of so-called “harmless immorality.” To this end, it first compares and analyzes Hart’s liberal theory of criminalization, which inherits John Stuart Mill’s harm principle, with Devlin’s legal moralism, which justifies the exercise of the penal power on the basis of majority morality and social cohesion. On that basis, it offers a theoretical account of how the competing values of individual self-determination, public health, and the protection of minors are structured in contemporary debates over cannabis regulation. The article then examines the processes of decriminalization and legalization of cannabis, as well as the associated constitutional debates, in jurisdictions such as the United States, Canada, and Germany, and explores their tensions with the international drug control regime established under United Nations conventions. It further surveys empirical research on the extent to which criminal law-centered drug policies have in fact contributed to reducing drug use, lowering crime rates, and improving public health outcomes. On the domestic front, the article analyzes the structure of blanket criminalization of cannabis use and possession under the Korean Narcotics Control Act, together with the reasoning of the Constitutional Court and the Supreme Court, and identifies the points at which the current legislative scheme either conflicts with, or operates in a manner that undermines, core modern principles of criminal law such as ultima ratio, the prohibition of excessive punishment, and the protection of adult individuals’ freedom in self-regarding conduct. Building on this analysis, it proposes a phased decriminalization strategy that clearly distinguishes between mere use/possession and profit-motivated distribution/ trafficking, and that shifts the regulatory model for the former toward an administrative, treatment- and education-oriented public health approach. Overall, by taking the debate over cannabis regulation as a focal case, the article reconstructs the classical confrontation between liberalism and legal moralism regarding the justification and limits of criminalization, and, through the integration of comparative and empirical analysis, argues for a fundamental reconsideration of Korean criminal law at both the legislative and interpretive levels.

  • Research Article
  • 10.24843/kp.2025.v47.i03.p06
Hypocrite : Moral Legal Criticism of State Officials
  • Dec 30, 2025
  • Kertha Patrika
  • Yogi Prasetyo + 2 more

This study examines the hypocritical attitudes of officials in this country from a critical juridical perspective with a moral dimension. The method used in this study is a literature study method with a legal philosophy approach. This study also uses relevant empirical and normative legal data to support the research. The urgency of this research is the increasingly disturbing hypocritical attitudes of officials in this country, which have a negative impact on the life of the nation. Law is an instrument that plays a crucial role in improving this situation. This research differs from previous research that has focused more on the study of cases of violations of positive law by state officials. Meanwhile, this study has a critical dimension through legal morality towards the hypocritical attitudes of officials. The novelty of this research is also evident in the issue of hypocrisy of officials, which is the main topic of study, rather than violations of laws and regulations. The dimension of moral attitudes that is rarely touched by the law becomes a separate and different study in this study.

  • Research Article
  • 10.64268/jilhs.v1i2.57
Maqāṣid al-Syarī‘ah and Constitutional Accountability in Urban Governance: An Islamic Legal Reflection on Public Safety Policy in Banjarmasin City
  • Dec 29, 2025
  • Journal of Islamic Law and Humanitarian Studies
  • Atti Janiah

Background: The placement of U-turn lanes near traffic lights in Banjarmasin City reveals how local administrative decisions can affect citizens’ constitutional rights to safety and order. Within Islamic legal ethics, such policies must reflect maqāṣid al-syarī‘ah to preserve life and promote public welfare. Aims: This study explores the constitutional and Islamic legal dimensions of urban traffic governance, focusing on how the Banjarmasin City Government exercises its authority in public safety regulation. It seeks to demonstrate that local policies should embody the principles of maqāṣid al-syarī‘ah as a form of humanitarian accountability in modern governance. Methods: Adopting an empirical qualitative design, the research gathered data through interviews, field observations, and document reviews. The analysis combined constitutional law theory with maqāṣid al-syarī‘ah reasoning, emphasizing maslahah ‘ammah (public benefit) and justice in local decision-making. Results: The findings indicate that the current U-turn policy, although intended to improve mobility, often leads to congestion and higher accident risks. Such outcomes suggest weak alignment with the objectives of ḥifẓ al-nafs (protection of life) and ḥifẓ al-māl (protection of property). Broader community participation and evidence-based policymaking are required to realize just and beneficial governance. Conclusion: The study concludes that integrating maqāṣid al-syarī‘ah with constitutional accountability offers a comprehensive framework for ethical urban governance. By aligning public policy with Islamic humanitarian principles, local governments can ensure justice, compassion, and the protection of human dignity in serving society.

  • Research Article
  • 10.64268/jilhs.v1i2.54
Bridging Islamic Legal Ethics and Humanitarian Values in Judicial Governance: Exploring the Ethical Role of Indonesia’s Judicial Commission in Preserving Integrity and Human Dignity
  • Dec 29, 2025
  • Journal of Islamic Law and Humanitarian Studies
  • Urwatul Wutsqah

Background: Judicial integrity serves as the moral backbone of justice and the cornerstone of citizens’ confidence in legal institutions. The establishment of Indonesia’s Judicial Commission reflects a constitutional intent to secure ethical accountability and maintain the dignity of the judiciary. Aims: This study explores the ways in which the Judicial Commission safeguards the ethical and professional standards of judges while examining its influence on rebuilding public trust in the judicial process. Methods: Adopting a qualitative legal framework through extensive library research, the analysis draws from constitutional articles, legislative texts, and academic writings to develop a normative interpretation of how independent oversight enhances judicial ethics and integrity. Result: The inquiry reveals that the Judicial Commission operates under two principal duties: recommending appointments and supervising judges’ conduct. Although institutional limitations and jurisdictional overlaps with the Supreme Court persist, the Commission contributes meaningfully to transparency, accountability, and ethical discipline within the judiciary. Constructive coordination between both institutions remains crucial to preserve judicial independence and legitimacy. Conclusion: Maintaining integrity in the judiciary requires more than procedural compliance; it calls for moral awareness and collaborative governance. Indonesia’s experience illustrates that consistent ethical supervision can elevate judicial credibility, strengthen the rule of law, and nurture enduring public confidence. Continued empowerment of the Judicial Commission is essential for realizing justice grounded in ethics and integrity.

  • Research Article
  • 10.21564/2225-6555.2025.28.346818
Earnings Management in Corporate Accounting as a Legal Problem: a Conceptual Framework
  • Dec 26, 2025
  • Theory and practice of jurisprudence
  • Collins Ngwakwe

The relevance of this paper lies in the interplay between accounting policies and legal ethics, which remains at the forefront of contemporary discretionary accounting practices and the attendant earnings management. The paper's quest for understanding the legal consequences is relevant for corporate managers and investors, as it provides insight into the consequences of exceeding the boundaries of allowed accounting discretion, which brings regulatory oversight to the illegality of deceitful management of corporate earnings. Accordingly, the purpose of this paper is to analyse the legal repercussions of corporate engagement in earnings management. It also aims to investigate the causative factors of managerial engagement in earnings management and to develop a framework for the phenomenon. The methodological approach focused on critical reviews and the application of doctrinal and comparative research methods to analyze related documents, including those from regulatory bodies, associated cases, and published journal articles, employing a thematic framework. The results show, on the one hand, that earnings management beyond policy limits may result in financial fraud and/or filing deceits, and that such actions could attract various legal enforcement consequences, including fines, penalties, job loss, company closures, and imprisonment, among others. On the other hand, the results also indicate that corporate management may be lured into illegal earnings management primarily to promote the company's financial outlook and to serve management's economic interests. The paper presents some promising avenues for further research. Such a future could explore the different levels of legal consequences when management exploits accounting policy loopholes, mainly to deceive investors into believing that the company is financially buoyant, versus the legal repercussions when such exploitation is primarily for management's self-financial gain, such as in earnings management and tunneling engagements. A comparison of regional differences in earnings management and differences in legal consequences could offer investors insights into which regions have more substantial legal repercussions and, therefore, stronger deterrents for managers to engage in earnings management

  • Research Article
  • 10.59963/jglegar.v3i2.538
Moralitas Humanis dalam Hukum Pidana Indonesia: Analisis Pasal 463 KUHP Baru tentang Aborsi Korban Peekosaan Berbasis Formula Radbruch
  • Dec 16, 2025
  • Journal of Global Legal Review
  • Mohamad Deden Mutakin

The policy of criminalizing abortion often causes moral tension between protecting the right to life of the fetus and protecting the humanity of rape victims. Therefore, the presence of Article 463 paragraph (2) of the New Criminal Code (KUHP), which exempts rape victims from criminal punishment, is crucial to examine, in order to observe the shift in Indonesia's criminal law paradigm from rigid positivism toward a more humanistic and just approach. This study analyzes Indonesia's criminal law response to the moral dilemma of protecting victims (humanity) and protecting life (the fetus), to the moral dilemma of protecting victims (humanity) and protecting life (the fetus), focusing on the extent to which this exemption from criminal abortion reflects a fundamental shift towards a more humanistic and just legal morality (Substantive Justice). This study uses a literature review method, which uses credible books and journals as references. This study aims to explore the article in responding to and accommodating the protection of fetuses and victims, as well as how the reciprocal relationship between law and morality is implemented in Indonesia's new criminal justice system. The results of the study show that: 1) Article 463 paragraph (2) of the New Criminal Code accommodates the demands of human morality by explicitly excluding criminal liability for female victims of rape or other sexual violence that results in pregnancy, provided that the pregnancy is no more than 14 (fourteen) weeks old or there are indications of a medical emergency; 2) This exemption is a progressive response that explicitly recognizes the physical and psychological trauma experienced by victims, placing the protection of victims' human rights and dignity as a primary consideration in the enforcement of criminal law; 3) This exception reflects a fundamental shift from rigid and positivistic legal morality (which previously punished all forms of abortion) towards a more humanistic and fair legal morality (Substantive Justice); 4) This shift is evident in the recognition of the status of the victim as a factor that negates the material unlawfulness of the act of abortion, and in a context-based approach that prioritizes substantive justice for the most vulnerable individuals; and 5) Thus, the New Criminal Code moves beyond formal procedural justice towards justice that takes into account the existential conditions and trauma of the victim.

  • Research Article
  • 10.23939/law2025.48.531
Responsibility for errors of generative AI in legal practice: analysis of "hallucination" cases and professional ethics of lawyers.
  • Dec 12, 2025
  • Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki
  • Oleksii Shamov

The rapid adoption of generative artificial intelligence (AI) in legal practice has created a significant challenge. While AI tools promise unprecedented efficiency, they are prone to "hallucinations" generating plausible but entirely fabricated information. Recent court cases demonstrate a trend of holding lawyers strictly liable for submitting AI-generated falsehoods, creating an unsustainable professional risk. Purpose: This article aims to analyze the current liability framework for errors made by generative AI in legal practice and, based on identified gaps, to propose a new, more balanced model of distributed liability. Methods: The research methodology includes a doctrinal analysis of landmark court cases (Mata v. Avianca, Park v. Kim), a systematic analysis of ethical rules and guidance from professional bar associations, and a content analysis of academic publications indexed in Scopus and Web of Science. Conclusion: The findings indicate that the current model, which places the entire burden of liability on the lawyer, is untenable. This is due to the empirically proven unreliability of even specialized legal AI tools and the significant legal shields protecting AI developers from liability. The article proposes a novel hypothesis advocating for a shift to a distributed liability model. This model is built on three pillars: (1) a certification system for legal AI tools to guarantee baseline accuracy: (2) a "safe harbor" provision within ethical rules to protect lawyers who use certified tools and follow reasonable verification protocols; and (3) a framework for proportional liability for developers, particularly when their products fail to meet advertised standards. Further research should focus on developing specific criteria for AI certification and detailed verification protocols for legal practitioners. Keywords: generative AI, legal ethics, lawyer liability, AI hallucinations, distributed liability.

  • Research Article
  • 10.32505/politica.v12i2.13102
Dari Dosen ke Advokat: Telaah Putusan Mahkamah Konstitusi Nomor 150/PUU-XXII/2024 dalam Perspektif Siyasah Qadhaiyyah
  • Dec 11, 2025
  • Politica: Jurnal Hukum Tata Negara dan Politik Islam
  • Mukhsin Mukhsin + 2 more

Civil servant lecturers are required to fulfil the Tri Dharma of Higher Education, including community engagement, which may take the form of providing legal assistance. In practice, this obligation encounters a legal barrier because Article 3 paragraph (1)(c) and Article 20 paragraph (2) of Law Number 18 of 2003 on Advocates prohibit civil servants from practising as advocates. This restriction has triggered debate over whether law lecturers, as civil servants, may exercise their constitutional rights to participate in advocacy work. This study seeks to examine the Constitutional Court’s legal reasoning in Decision Number 150/PUU-XXII/2024, which authorises civil servant lecturers to act as advocates within certain limits, and to assess the relevance of this decision through the lens of siyasah qadhaiyyah. Employing a qualitative research design supported by a statute approach and analytical approach, the study analyses pertinent primary and secondary legal sources. The findings reveal that the Constitutional Court issued a conditionally unconstitutional ruling on the contested provisions of the Advocate Law, clarifying that civil servant lecturers may undertake advocacy activities solely for pro bono services through university legal aid institutions. This ruling affirms the protection of constitutional rights guaranteed in Articles 28C and 28D of the 1945 Constitution and resonates with principles of substantive justice in siyasah qadhaiyyah, particularly the pursuit of the public good (maslahah ammah) through the involvement of legal scholars. The study concludes that constitutional justice and Islamic legal ethics can be synergised to balance individual rights with the professional responsibilities inherent to state officials.

  • Research Article
  • 10.23917/qist.v4i3.13941
Thrifting Import in the Perspective of Qur'anic Muamalah Exegesis, Social Fiqh, and Environmental Ethics within the SDGs Framework
  • Dec 10, 2025
  • QiST: Journal of Quran and Tafseer Studies
  • Enjen Zaenal Mutaqin + 3 more

This study investigates the legality, socio-environmental implications, and policy relevance of imported second-hand clothing (thrifting import) using an integrative theoretical framework that explicitly combines ecotheology, fiqh sosial Kiai Sahal Mahfudh, and fiqh muamalah. The research addresses the central problem of how thrifting imports intersect with Islamic legal norms, sustainability ethics, and state regulations amidst rising concerns over waste, illegal trade, and threats to local industries. Using qualitative library research supported by hermeneutic and content analysis methods, this study examines classical and contemporary fiqh sources, Qur'anic exegesis on muamalah, literature on circular economy and sustainable consumption, as well as regulatory documents and statistical reports. The findings show that thrifting import does not fulfill key requirements of a valid sale (ma‘qūd ‘alayh), contains elements of gharar and bāṭil, contributes to ecosystem degradation, and disrupts the textile industry. The study also formulates policy implications by proposing a maqāṣid-oriented regulatory design, including empowerment strategies for affected small traders, strengthening domestic industry, and environmental sustainability measures. These recommendations highlight the importance of integrating Islamic legal ethics with national economic and ecological policies.

  • Research Article
  • 10.54476/ioer-imrj/877619
Legally Grounded Ethical Practices and Conflict Management Strategies: Developing a Capacity-Building Program for School Leaders
  • Dec 8, 2025
  • International Multidisciplinary Research Journal
  • Wei Jingting

This study examined the legally grounded ethical practices and conflict management strategies of school leaders as assessed by teacher-respondents across diverse academic units and employment profiles. Anchored on the premise that ethical leadership plays a crucial role in fostering professional conduct and harmonious school environments, the research explored dimensions such as professional identity development, inclusive policy implementation, legal literacy, and the integration of ethics in emerging and creative fields. Conflict management strategies were evaluated in terms of emotional literacy, mindfulness, peace education, negotiation, deliberation, and leadership capacity-building. Using quantitative descriptive and inferential methods, data were gathered from a diverse group of teachers categorized by length of service, employment status, and school affiliation. The findings revealed that school leaders were generally perceived to practice legally grounded ethics and conflict management strategies at commendable levels. Notably, emotional literacy and peace education ranked highest among conflict strategies, while negotiation for productivity and capacity-building showed lower ratings. There were no significant differences in the respondents’ assessments across demographic profiles, indicating uniform leadership behavior. Significant positive correlations were identified between specific ethical practices—such as interdisciplinary legal integration and contextual legal literacy—and conflict resolution strategies, particularly in the domains of dialogue-based deliberation and leadership development. These results underscore the importance of embedding legally grounded ethical principles into leadership development programs to enhance school leaders’ capacity to manage conflicts constructively and equitably. The study concludes with the recommendation to institutionalize structured capacity-building initiatives, emphasizing legal ethics education and adaptive conflict resolution strategies tailored to contextual needs. This is vital to cultivating reflective, inclusive, and legally compliant leadership in contemporary educational settings. Keywords. Capacity Building, Conflict Management, Leadership Capacity Building, Legally-grounded Ethical Practices

  • Research Article
  • 10.58578/ahkam.v4i4.7515
Urgensi Etika Profesi Hakim dalam Pandangan Hukum Islam sebagai Upaya Penegakan Keadilan di Indonesia
  • Dec 5, 2025
  • AHKAM
  • Muhamad Raka Putra Satriya + 1 more

Judicial ethics as articulated in the Code of Ethics and Guidelines for Judges’ Conduct (KEPPH) is a fundamental instrument designed to safeguard the independence, integrity, and objectivity of the judiciary in Indonesia, particularly amid disparities in judicial decisions and the exposure of ethical violations by some judges, which highlight the urgency of strengthening ethical instruments as the moral safeguard of the courts. This study aims to analyze the legal status of KEPPH within the national legal system and its relevance to the principle of justice as the ultimate objective of law. Methodologically, it adopts a normative juridical approach based on library research by examining legislation, KEPPH, relevant judicial decisions, as well as positive law literature and pertinent references on Islamic legal ethics. The analysis is conducted using a normative qualitative method to map the ratio legis and scope of regulation, test the consistency of implementation, and assess the effectiveness of ethical oversight mechanisms. The findings indicate that KEPPH is not merely a technical code but a manifestation of the values of justice, honesty, impartiality, and accountability that must permeate every stage of the adjudication process, and therefore needs to be reinforced through the standardization of principle interpretation, the enhancement of judges’ ethical capacity through continuous training, and the optimization of discipline enforcement based on transparency and public participation. These measures are expected to enable KEPPH to function as a form of living ethics that promotes consistency in judgments, reduces opportunities for misconduct, and restores public trust in the judiciary as the guardian of constitutional justice. Theoretically, this study sharpens the conceptual understanding of the relationship between codes of ethics and judicial authority, while practically it provides an evaluative framework for the Supreme Court (Mahkamah Agung) and the Judicial Commission (Komisi Yudisial) in formulating more implementable guidelines. The policy implications include integrating ethical performance indicators into promotion, rotation, and professional development processes, as well as utilizing easily accessible technology for reporting violations, thereby underscoring the urgency of sustained public accountability.

  • Research Article
  • 10.24144/2307-3322.2025.91.5.1
Peculiarities of lawyer participation in domestic violence cases: deontological aspect
  • Nov 22, 2025
  • Uzhhorod National University Herald. Series: Law
  • S M Avramenko

The article examines the deontological principles of a lawyer’s activities in cases of domestic violence, in particular the influence of legal ethics on the effectiveness of legal aid. The features of the protection of victims and defendants are considered, the boundaries of professional behavior are determined, which ensure a balance between the rights of the client and respect for the dignity of the other party. It is emphasized that a lawyer in this category of cases must combine a high level of professional competence with the principles of empathy, tact and moral responsibility, preventing secondary traumatization of victims and not going beyond the evidentiary base when forming the defense position. The key principles of legal ethics are indicated: respect for human rights, confidentiality, professional competence, special sensitivity to the psychological state of the client, balance of interests of the parties and continuous professional improvement. The emphasis is on the need to observe ethical boundaries when interacting with victims, accused, the court and law enforcement agencies, as well as on avoiding behavior that may discredit the legal profession or cause additional harm to the participants in the process. The features of the work of a lawyer in cases of domestic violence are given, in particular, in terms of minimizing re-traumatization, correct preparation of evidence and ensuring the implementation of the procedural rights of the parties. The importance of combining the legal and psychological competence of a lawyer, as well as systematic advanced training in the field of gender equality and international standards for the protection of human rights, is especially emphasized. The material is of practical importance for the formation of methodological recommendations for the training of lawyers, scientists, teachers and students of legal specialties, as well as for improving legal practice in the field of combating domestic violence. Compliance with deontological norms allows for effective legal protection, fair trial, and building public trust in the legal system.

  • Research Article
  • 10.55019/plr.2025.1.143-155
Teaching Legal Ethics at the Catholic University
  • Nov 15, 2025
  • Pázmány Law Review
  • László Komáromi

Across the world, a wide range of concepts and practical approaches have emerged for teaching legal ethics. The specific method adopted by any given law faculty is largely shaped by external regulations governing legal education and by the institution’s own academic traditions. Most commonly, professional ethics are taught within one or more courses dedicated to the ethical standards of the various legal professions. Catholic universities, however, are guided by an additional framework: the apostolic constitution Ex corde Ecclesiae (1990), which directs them not only to provide professional and academic training, but also to help students cultivate and practise moral principles that inform their entire lives, ultimately leading to personal fulfilment. This perspective aligns closely with the Aristotelian view and with pedagogical theories that regard the teaching of professional ethics as a means of fostering students’ moral character. From this standpoint, the primary aim of teaching legal ethics is to prepare future lawyers to adopt a strong ethical mindset, to recognise moral dilemmas in their daily work, and to respond to them with conscious and habitual moral reasoning. At the Faculty of Law and Political Sciences of Pázmány Péter Catholic University, the educational system developed in the mid-1990s reflects this approach. Its curriculum places particular emphasis on virtue ethics, seeking to cultivate and strengthen moral behaviour that shapes and enriches the whole of one’s life.

  • Research Article
  • 10.24144/2788-6018.2025.05.3.64
Ethics of law enforcement in the light of legal ethics and philosophy of law
  • Nov 5, 2025
  • Analytical and Comparative Jurisprudence
  • Y B Hoffman

The article analyzes the issues of the relationship between legal ethics and philosophy of law, which belongs to the circle of fundamental questions of both modern legal science and practical law enforcement. Legal ethics is formed as a system of professional moral principles that determine the appropriate standards of behavior for representatives of the legal community, and therefore the historical dimension of legal ethics is key to its understanding. Limiting the study to only the latest concepts would mean ignoring the roots of modern legal thought. The first ethical requirements for judges, prosecutors, and defense attorneys appeared as early as antiquity and the Middle Ages, although they were often informal in nature. The actual codification of professional standards, which we call codes of legal ethics, took place mainly in the 19th and 20th centuries, when legal corporations acquired clear signs of professional self-government. Codification is intended to ensure public confidence in justice, the legitimacy of law enforcement, and adherence to value orientations in law enforcement. The philosophy of law, in turn, serves as a theoretical and worldview foundation that allows us to comprehend the nature of law, its ontological and axiological dimensions, and to determine its place in the system of social regulators. Referring to the classical heritage of St. Thomas Aquinas is important for understanding the relationship between law and morality: the thinker viewed law as a manifestation of a higher moral order based on the “eternal law” (lex aeterna), which is a reflection of divine reason and natural law. His concept emphasizes that any legal norm must be morally justified. In turn, Hugo Grotius, one of the founders of modern natural law theory, emphasized the autonomy of law from divine revelation, believing that even “if God did not exist” (etsi Deus non daretur), natural law would still be valid. This position became key to the establishment of a secular tradition of understanding law and the formation of universal ethical guidelines in the legal sphere. Thus, the integration of ethical and philosophical-legal approaches – from medieval concepts to early modern natural law theory – creates the basis for a contemporary understanding of the role of legal ethics as a guarantor of the moral legitimacy of law enforcement practice.

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