Abstract

In the judicial practice, the contents of the demands it usually reads; ex aequo et bono or please take decisions based on fairness and propriety. Independence of judges in adjudicat-ing the petition accompanied lawsuit subsidiary limited by a principle explicates in Article 178 (2) and 189 (2) Rbg b. HIR. Judge barred verdict on the case is not prosecuted or granted more than required Article 178 (3) and 189 (3) Rbg HIR. This principle is called the principle of ultra petita. The application of this principle raises a particular problem when judges consider this petition because it may open discretion. This research is aiming to provide additional insight for all those who want to understand about the application of the principle in the imposition of ex aequo et bono. Key Words: Ultra Petita principle, ex aequo Et Bono Petitum, Court Decisions.