Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Harmonization Model Code of Ethics for Dual Profession of Doctor-Advocate Based on Fair and Civilized Humanity Values

Author(s): Gregorius Yoga Panji Asmara, Hartiwiningsih, Isharyanto

The duality profession of Doctors-Advocates is a combination of two social roles in one person that is obtained after someone underwent an education of profession with competencies that are different from one to another. Doctors are subject to the code of ethics meanwhile Advocates are subject to the Regulation of Advocates, and as a profession, it has a code of ethics prepared by the Advocate Organization. Article 18 of the Indonesian Medical Code of Ethics states that a doctor must treat his colleagues as he wants to be treated. Whilst The Advocate’s Code of Ethics in Article 3 Letter C states that the Advocates should accentuate the uprightness of the law, truth, and justice. At the time when two codes of ethics could not get along, of course, this would become an obstacle when handling legal cases, when morally the duality profession of doctors – advocates aimed at protecting the dignity of humanity. The above description clearly illustrates a legal problem/issue, specifically the conflict of norms between the Medical Practice Act and the Advocate Law which must be obeyed by a dual professional doctor-advocate, so normative legal guidance is needed which at least can guide its behavior in a long period time as a means of legal protection based on fair and civilized human values, as this is sourced from Indonesian legal rechtsidee, videlicet Pancasila.

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