THE CONSTITUTIONAL COURT ULTRA PETITA AS A PROTECTION FORM OF ECONOMIC RIGHTS IN PANCASILA JUSTICE

ABRA, EH

dc.contributor.author	ABRA, EH
dc.date.accessioned	2025-04-15T07:44:48Z
dc.date.available	2025-04-15T07:44:48Z
dc.date.issued	2020-04-27
dc.identifier.citation	https://journal.unnes.ac.id/sju/index.php/jils/article/view/35965/16045	en_US
dc.identifier.issn	2548-1592
dc.identifier.uri	http://localhost:8080/xmlui/handle/123456789/394
dc.description	The history of the founding of the Constitutional Court (hereinafter MK) begins with the adoption of the Constitutional Court idea in a constitutional amendment carried out by the People's Consultative Assembly (hereinafter MPR) in 2001.1As formulated in the provisions of Article 24 paragraph (2), Article 24C, and Article 7B of the 1945 Constitution2resulted from the Third Amendment which was ratified on November 9, 2001. The idea of establishing the Constitutional Court was one of the developments in legal thoughts and modern state that emerged in the 20th century. Article 24C paragraphs (1) and (2)of the 1945 Constitution are the legal basis for the authority of the Constitutional Court granted by the Constitution, further authority related to the Constitutional Court is regulated in Law Number 8 of 2011 on Amendments to Law Number 24 of 2003 concerning the Constitutional Court.	en_US
dc.description.abstract	Social justice concept has been clearly emphasized at Pancasila (the five fundamental values of Indonesia) as one of common values of Indonesia society. Pancasila also recognized as the philosophical grondslagwhich makes Pancasila as a reference of all Indonesian citizens and State Action, including in governance. The concept of social justice in Pancasila implies that any natural resource management that has the potential to prosper and affect the Indonesian people as a whole must be controlled by the State as well as used for the greatest prosperity of the people. This paper is intended to analyze, describe, and examinethe Constitutional Court Decision concerning to social justice especially in terms of economic rights. This paper discusses various decisions of the Constitutional Court that are ultra petita. This paper illuminated and highlighted that in two Constitutional Court Decisions on Water Resources and the Decision on the Electricity Law and the Water Resources Law of the Constitutional Court in its decision to make an ultra petitadecision by canceling the entire two laws, because that the article being tested is the heart of the law, thus seriously affecting the implementation of other articles in the law. Therefore, with the ultra petitadecision, in the future, the Constitutional Court is expected to be more progressive and responsive in seeing the problems that occur, especially related to the basic economic needs of the Indonesian people. Because the Constitutional Court is the guardian of the constitution whose main function is to maintain Indonesia's highest legal order (constitution).Keywords: Ultra Petita; Constitutional Court; Economic Rights; PancasilaNATIONALLY ACCREDITED JOURNAL (SINTA 2)JILS (JOURNAL ofINDONESIAN LEGAL STUDIES)Published by Faculty of Law, Universitas Negeri Semarang, IndonesiaVolume 5 Issue 1, May 2020 ISSN (Print)2548-1584ISSN (Online) 2548-1592	en_US
dc.description.sponsorship	https://repository.unrika.ac.id/	en_US
dc.language.iso	en	en_US
dc.publisher	JILS (Journal of Indonesian Legal Studies)	en_US
dc.relation.ispartofseries	Volume 5 Issue 1;187-224
dc.subject	Ultra Petita; Constitutional Court; Economic Rights; Pancasila	en_US
dc.title	THE CONSTITUTIONAL COURT ULTRA PETITA AS A PROTECTION FORM OF ECONOMIC RIGHTS IN PANCASILA JUSTICE	en_US
dc.type	Article	en_US