Implementation of Fictitious Positive Decision Case Settlement at Administrative Courts

Abstract

The enactment of Law Number 30 of 2014 on Government Administration, has given birth to a new paradigm related to silence or neglect of an application to obtain a ruling or a decision from a State Administration official becomes positive, meaning that every application for a State Administrative Decree that is Not followed up and/or ignored by State Administration officials are considered legally granted, as confirmed in the provisions of Article 53 paragraph (3) of Law Number 30 of 2014 concerning Government Administration. According to the principle of a fictitious positive decision, if the State Administration Agency or Official does not issue the requested decision, while the predetermined period has passed, it is legally deemed to have issued a decision granting the application (a fictitious positive decision). At the level of implementation at the Administrative Court, the procedure for the Fictitious Positive Application has been regulated in Supreme Court Regulation Number 8 of 2017, concerning Guidelines for Procedures to Obtain Decisions on Acceptance of Applications to Obtain Decisions and / or Actions of Government Agencies or Officials. This Court Regulation number 8 is an amendment and refinement of the Supreme Court Regulation Number 5 of 2015 concerning Guidelines for Procedures to Obtain Decisions on Acceptance of Applications to Obtain Decision and/or Actions from Government Body or Officials.