The following are the legal considerations of the Constitutional Court in making decisions containing ultra petita:

1. The law requested for review is the “heart” of the law so that all articles cannot be implemented.
2. The practice of ultra petita by the Constitutional Court is common in other countries.
3. The development of ultra petita civil court jurisprudence is permitted.
4. The review of the law concerns the public interest, the legal consequences of which are erga omnes, different from civil (private) law.
5. The people need demanding ultra petita are not absolute.
6. If the public interest requires the judge not to be fixated on the prayer (petitum).
7. A request for justice (ex aequo et bono) is considered legally filed and grants an unsolicited matter.

Melvy Christin, Judge of Medan Administrative Court, 2011

Regards,

Fredrik J. Pinakunary