The Implication Of Ultra Petita Law In Constitutional Court Decision

Abstract

Ultra Petita is a decision that contains things that are not requested by the applicant. The Constitutional Court in handling cases of Judicial Review and Regional Election Disputes still carries out Ultra Petita Decisions, the prohibition on imposing ultra petita decisions by the Constitutional Court was once regulated but later annulled by the Court, even though Indonesia as a country adheres to the Civil Law legal system where judges are bound by laws and regulations. the invitation in deciding every case, so that the ultra petita decision is considered a controversial decision. This research is a type of normative juridical research by examining and analyzing legal events that occur in the examination of laws and dispute resolution of the results of the Regional Head Elections at the Constitutional Court, with the aim of obtaining an overview of the condition of deviations from the non-ultra petita principle and the concept of substantive justice as the basis for the Constitutional Court in carrying out its activities. Ultra petita is erga omnes which is different from private law, there is a disqualification due to several violations or fraud or does not meet the requirements, then the incident is casuistic in nature, so the ultra petita provisions are not absolute. not requested