This is Latin pharase mean “according to the right and good” or “from equity and conscience”) that is used as a legal term of art.
In the context of arbitration, it refers to the power of arbitrators to dispense with consideration of the law but consider solely what they consider to be fair and equitable in the case at hand. However, a decision ex aequo et bono is distinguished from a decision on the basis of equity (equity intra legem), “Whereas an authorisation to decide a question ex aequo et bono is an authorisation to decide without deference to the rules of law, an authorisation to decide on a basis of equity does not dispense the judge from giving a decision based upon law, even though the law be modified”.
In.the context of the hotly debated general election Anis ( 01) and Ganjar( 03) demanded, among other, to allow a revoting on condition that 02 candidate is to be disqualified and the non litigant person that is our President Jokowi be impeached.
Does Constituional Court have power to decide on the case based on unjstified exaequo etbono?
The writer is of the opinion that the said Court shall also respect the law and may not issue an ultravires judgment, that is a judgement beyond the MK Court’s power.
MK is ofcourse not a robot, but it can not issue a judgment without legal basis.
