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)

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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.
Keywords: Decision, Ultra petita, BP Migas, the Constitutional Court
Penulis: Geri Afandi, Nurbeti, Sanidjar Pebrihariati
Kode Jurnal: jphukumdd141617

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