The Implementation of Ultra Petita Decisionsin Civil Dispute

Abstract

The implementation of ultra petita in the decision of civil disputes becomes a very interesting study to be discussed, many parties who agree to the application of ultra petita on the pretext as a path to substantive justice, but those who think the application of ultra petita is considered contrary to the principle of legal certainty. The research method used was normative juridical research that is research conducted by examining library materials which include primary legal materials sourced from various laws and regulations and secondary legal materials in the form of explanations used to analyze primary legal materials in the form of expert views, academics, searching documents, books and scientific papers. Then, the legal material was identified and analyzed to achieve the objectives of this research. The results showed that the application of the ultra petita ruling in civil disputes was not in accordance with the principle of rule of law which could result in the ruling being legally flawed or invalid. To minimize the application of decisions that contain ultra petita, in civil disputes can adopt the procedural law in force in the State Administrative Court related to the preparatory inspection stage, it was the existence of the judge's authority to advise the Plaintiff to improve if the lawsuit is unclear/complete by giving a grace period that is proper before examining the subject matter of the dispute begins.