Legal Uncertainty in Positive Fictitious Applications under Law Number 30 of 2014 on Government Administration after the Enactment of Law Number 11 of 2020 on Job Creation

Abstract

The authority of the administration to respond to and issue a decision within a certain period of time, and if the predetermined conditions are not met, or the Official and/or Government Agency may ignore it, or silence it, the citizen's request for the issuance of a decision/action is considered to have been granted. This is what is known as a fictitious positive decision or tacit authorization in the UUAP (Administrative Government Law), which still requires review and alignment with previous legal provisions, namely the concept of fictitious negative, after the enactment of Law Number 6 of 2023 on Job Creation. This paper attempts to explain and harmonize fictitious positive and fictitious negative decisions after the enactment of Law Number 6 of 2023 on Job Creation (UUCK).