KAJIAN NORMATIF PUTUSAN ULTRA PETITA DALAM PUTUSAN MAHKAMAH KONSTITUSI REPUBLIK INDONESIA DALAM PENGUJIAN UNDANG-UNDANG (Studi Kasus Putusan MK Nomor 36/PUU-X/2012 Tentang Bp Migas)
ABSTRACT: The Constitutional
Court is one of the State institutions established by the Constitution of the
Republic of Indonesia Year 1945 Article 24 and Article 24 C of the third
amendment of the Constitution of the Republic of Indonesia of 1945 (the 1945
Constitution. With the establishment of the Constitutional Court, the
organizers of the judicial power in Indonesia is the Court Court and judicial
bodies that are below as well as a Constitutional Court. formulation of the
problem in this paper, among others, 1). How is the determination of ultra
petita decision in terms of the legal event Constitutional Court Constitutional
Court Decision Against 36/PUU-X/2012? 2). Is the legal effect of the decision
of the Constitutional Court of the Republic of ultra petita Indonesia in law
Testing Oil and Gas Executive Agency? The research method in this paper is the
legal research done by examining library materials or secondary data, which
includes primary legal materials, secondary, and tertiary. Results and
discussion: 1). Decision ultra petita event in terms of the law of the
Constitutional Court Constitutional Court Decision Against 36/PUU-X/2012, the
decision is not set in the procedural law of the Constitutional Court, but the
ban on ultra petita only regulated in civil law, 2). Effects of Ultra Petita
Court Decisions Constitution of the Republic of Indonesia in Testing the Law of
Oil and Gas Executive Agency is to shift the entire management process is being
handled by BP Migas to the Ministry of Energy and Mineral Resources.
Penulis: Geri Afandi, Nurbeti,
Sanidjar Pebrihariati
Kode Jurnal: jphukumdd141617
