Ultra Petita and the Threat to Constitutional Justice: The Indonesian Experience

Abstract

The doctrine of Ultra Petita has been the subject of much criticism and poses a threat to constitutional justice. This article examines the doctrine in operation inside of Indonesia where the Constitutional Court appears to have expanded its jurisdiction by not only reviewing or analysing but also by invalidating or annulling acts. The impact of this is a creation of a high-degree of legal uncertainty and ambiguity in the judicial process. The article argues that instead of making use of the extra-constitutional Ultra Petita doctrine, the Indonesian Constitutional Court should return to a black letter approach to the law, thereby promoting certainty and coherence.