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the implementation of ultra petita decisionsin civil dispute
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نویسنده
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sugiyono heru ,suyanto heru ,suherman
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منبع
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international journal of multicultural and multireligious understanding - 2020 - دوره : 7 - شماره : 3 - صفحه:132 -142
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چکیده
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The implementation of ultra petita in the decision of civil disputes becomes a very interestingstudy to be discussed, many parties who agree to the application of ultra petita on the pretext as a path tosubstantive justice, but those who think the application of ultra petita is considered contrary to theprinciple of legal certainty. the research method used was normative juridical research that is researchconducted by examining library materials which include primary legal materials sourced from variouslaws and regulations and secondary legal materials in the form of explanations used to analyze primarylegal materials in the form of expert views, academics, searching documents, books and scientific papers.then, the legal material was identified and analyzed to achieve the objectives of this research. the resultsshowed that the application of the ultra petita ruling in civil disputes was not in accordance with theprinciple of rule of law which could result in the ruling being legally flawed or invalid. to minimize theapplication of decisions that contain ultra petita, in civil disputes can adopt the procedural law in force inthe state administrative court related to the preparatory inspection stage, it was the existence of thejudge's authority to advise the plaintiff to improve if the lawsuit is unclear/complete by giving a graceperiod that is proper before examining the subject matter of the dispute begins.
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کلیدواژه
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implementation ,decision ,ultra petita
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آدرس
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universitas pembangunan nasional veteran jakarta, faculty of law, indonesia, universitas pembangunan nasional veteran jakarta, faculty of law, indonesia, universitas pembangunan nasional veteran jakarta, faculty of law, indonesia
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Authors
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