PUTUSAN MAHKAMAH KONSTITUSI, ANTARA KEADILAN DAN KEPASTIAN HUKUM

Abstract

Some issues are existed regarding to Constitutional Court’s performance.First, when a statute examined by the Constitutional Court is stated as havingcontradiction with The Constitution, the legal basis is being questioned. Second,in deciding local public election dispute, the candidate who failed in runningfor the first position, commonly preferred to challenge the election result toConstitutional Court. But, when the decision extremely referred to non-normativeprovision, the jurisdiction of Constitutional Court is being asked. The jurisdictioncame from the authority on laws could being alleged to the misuse of laws. TheUltra Petita decision on many cases noted as the application of the authoritiesowned by the Constitutional Court.

Keywords: Constitutional Court, Ultra Petita