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ANALISIS HUKUM PRINSIP ULTRA PETITA OLEH MAHKAMAH KONSTITUSI SEBAGAI UPAYA MEWUJUDKAN KEADILAN SUBSTANTIF DI INDONESIA: MURLINUS Murlinus
Qawwam : The Leader's Writing Vol. 3 No. 1 (2022): June
Publisher : Fakultas Ushuluddin Adab dan Dakwah Insitut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32939/qawwam.v3i1.203

Abstract

This research has two purposes, the first one to explain an untruth principle condition of non ultra petita that is done by Constitutio Court, the second one is to explain a substantive justice concept as a principle of Constitution Court in doing ultra petita compared by principle of non ultra petita according UU. No. 8 2011. Thereby, the reseacht us library reseacht, data analysis result is delivered descriptively, describing, explaining the problems these have relevances with this reseacht clearly and detailed. Data analysis technic that is used is qualitative datas, namely by analyzing seconder datas that found suitable with decided problems frames. The reseacht result indicates that things which gave any reasons in thinking constrction of Constitution Court Judge in giving decisive ultra petita. The judge of Constitution Court thought that essentials or the heart of law to be asked to be judicial review had not been suitable of UUD 1945, until any other sections that connected is stated to be unvalid or not be used. The Constitution Court has a function as quardian of constitution, even if it needs in decision may be happened untruth of procedural of justice prinsiple, in order to be substantive justice. The character of Constitution Court Decision is public or general for everybody. Petitum that appeared in in every aplication said to “judge decides the matter or case must be justifiable”, as a principle for making dicision to be a character of ultra petita for qetting justice.
PEMAHAMAM DAN IMPLEMENTASI NILAI- NILAI PANCASILA DALAM KEHIDUPAN SEHARI-HARI BAGI BANGSA INDONESIA: MURLINUS Murlinus
Qawwam : The Leader's Writing Vol. 3 No. 2 (2022): December
Publisher : Fakultas Ushuluddin Adab dan Dakwah Insitut Agama Islam Negeri Kerinci

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32939/qawwam.v3i2.221

Abstract

Pancasila values must be known, understood, and implemented by the nation of Indonesia in daily life to be able to realize the goal of realizing the proclamation of independence. However, in the present knowledge, understanding of the next generation of the nation against the values that are contained in the Pancasila, the more degraded and eroded by the battle of the new values that are not in accordance with the nation's identity. The problem of understanding resulted in the start of abandoned and forgotten Pancasila. Therefore, the implementation required values of Pancasila in order to be referable to the people of Indonesia in answering the various question facing current and future, both issues that come from within and from outside. before the success of the implementation we do the values of Pancasila, Pancasila, alienation from the real life of the nation of Indonesia..