Considerations Constitutional Court Of Indonesia Decide Verdict Ultra Petita
Journal Title: Academic Research International - Year 2015, Vol 6, Issue 1
Abstract
Basic considerations of the Constitutional Court issued a verdict of Ultra Petita are: (a) philosophical reasons in order to uphold justice and substantive justice, as embodied in the principle of constitutional statehood contained in the NRI Constitutions of 1945, (b) theoretical reasons relating to the authority of the judge to explore, discover, and following legal values that live in the community, if the law does not exist or insufficient legal anymore (obsolete), and (c) legal reasons relating to the provision of Article 24 verse (1) NRI Constitutions 1945 and Article 45 verse (1) of Law No. 24 of 2003 on the Constitutional Court, that Court as organizers aim to uphold judicial justice according to law and the evidence and the judge's conviction. Verdict of the Constitutional Court which is Ultra Petita basically can be accepted, along with the associated principal order and based on the consideration that can be responsible philosophically (it is containing the values of justice, morality, ethics, religion, principles, doctrines). Authority to make verdict that are Ultra Petita for the Constitutional Court can only be given in case of vagueness of legal norms (vague normen) through the method of interpretation of the law, or where a legal vacuum (rechts-vacuum) through legal discovery methods. However, given the interpretation of the law and legal discovery air very subjective nature, so in order to prevent the abuse of power, the authority to make Ultra Petita by the Constitutional Court should be limited by the principles of a democratic state of law, the principles of fair trial and impartial, and the general principles of good state implementation.
Authors and Affiliations
Ach. Rubaie, Nyoman Nurjaya, Moh. Ridwan, Istislam
Keywords
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