Progressive Legal Perspective on the Ultra Petita Decision of the Constitutional Court

Abstract

Until now, the discourse on ultra petita decisions has not found a point meeting between various parties. In this matter it is also necessary to examine, what are the considerations for making ultra decisions the petita , so that it can be known in what ways the constitutional judges can drop decision which contain super petita. From consideration- With these considerations, we can determine whether there really is enforcement law which progressive. This legal research uses a normative juridical approach with research specification analytical description. The type of data used is secondary data, consists of primary legal materials, secondary legal materials and tertiary legal materials. Technique data collection using library research ( library research) and from the data which collected and then analyzed in a manner qualitative-normative. From results study which conducted get it conclusion, that doctrine ban super petita for judge no apply absolute and general. With use approach normative and interpretation systemic could said that provision in Constitution MK nor Regulation MK no give possibility for judge constitution for make decision super petita. In issue decisions containing ultra petita, in general the Court based there is an inseparable connection between the article being reviewed and other articles which is not tested, so therefore the article or the entire law must be stated no strength law, in side because reason for avoid lawlessness and uphold substantive justice. MK's breakthrough in making ultra petita decisions in principle are a form of progressive law enforcement, However, any creativity carried out by law enforcers may not be progressive meaning if not to realize substantive justice, placing justice, benefit and human happiness as a goal finally.