THE CONCEPT OF A NATIONAL COURT OF ETHICS IN JIMLY ASSHIDDIQIE’S THOUGHT AND ITS RELEVANCE TO STRENGTHENING THE RULE OF LAW: A SIYASAH DUSTURIYAH PERSPECTIVE

Abstract

This study examines the idea of a National Ethics Court in Jimly Asshiddiqie's thought and its relevance to strengthening the rule of law in Indonesia from the perspective of Siyasah Dusturiyah. The study is motivated by the sectoral nature of the ethical enforcement system for state officials, resulting in the supervision of integrity, propriety, and moral responsibility of public officials not yet being fully integrated. This research employs a normative juridical method using statutory, conceptual, and Siyasah Dusturiyah approaches. Legal materials were obtained through library research and analyzed descriptively and analytically. The results show that the idea of a National Ethics Court represents an effort to institutionalize the principle of rule of ethics as a complement to the rule of law. In contrast to Hans Kelsen, who separates law from ethics in his Pure Theory of Law, Jimly Asshiddiqie places ethics as an important element in the administration of a democratic state based on the rule of law. From the perspective of Siyasah Dusturiyah, this idea is consistent with the principles of trust (amanah), justice ('adl), and public interest (maslahah). A National Ethics Court can serve as an instrument to strengthen integrity, accountability, and supervision over the exercise of state power, ensuring that governance is based not only on legality but also on propriety and public welfare.