PENERAPAN ASAS ULTRA PETITA SEBAGAI KONSEKUENSI ASAS KEAKTIFAN HAKIM (DOMINUS LITIS) PADA PERADILAN TATA USAHA NEGARA

Kristiantoro , Candra (2012) PENERAPAN ASAS ULTRA PETITA SEBAGAI KONSEKUENSI ASAS KEAKTIFAN HAKIM (DOMINUS LITIS) PADA PERADILAN TATA USAHA NEGARA. S1 thesis, UAJY.

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Abstract

This thesis is talking about implementation of the ultra petita principle as a consequence of the litis domini principle in administrative court. In this thesis, there are three problems which would be elaborated. The first problem is discussed about implementation of the ultra petita principle as a consequence of the litis domini principle in administrative court, the second problem would discussed about obstructions in implementation of the ultra petita principle as a consequence of the litis domini principle in administrative court, and the third problem would discussed about the efforts to overcome the obstructions in implementation of the ultra petita principle as a consequence of the litis domini principle in administrative court. The type of this thesis is the normative methods with data collection process through reading and taking notes from books, documents, literature, legal regulations, and the interview. In this thesis, there has been found three results of the research. (1) Implementation of the ultra petita principle is not optimally because there are multiple interpretations about implementation of the ultra petita principle; (2) There are obstructions in implementation of the ultra petita principle as a consequence of the litis domini principle in administrative court such as : theoritical obstructions, juridical obstructions, and operational obstructions; (3) The efforts to overcome the obstructions in implementation of the ultra petita principle as a consequence of the litis domini principle in administrative court, there are comprehensive understanding about ultra petita principle and regulations about administrative court was related to the ultra petita principle should be revised.

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