Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Position of Fictitious Positive Administrative Decisions as Dispute Object of State Administrative Court: Indonesia Omnibus Law Perspective

Author(s): Putu Gede Arya Sumerta Yasa, Kadek Agus Sudiarawan, Alvyn Chaisar Perwira Nanggala Pratama, Made Dandy Pranajaya

The purpose of this research is to identify how the shift in the formulation of fictitious positive administrative decisions as one of dispute object in the state administrative court of Indonesia. Besides, this research also reviews and analyses the legal standing of fictitious administrative decisions as a disputed object in the state administrative court of Indonesia. The research method used in this legal research is normative legal research with statute approach, conceptual approach, fact approach and comparative approach. The results shows that the form of fictitious administrative decisions in the regulations act of Indonesia are consist of fictitious negative administrative decisions and fictitious positive administrative decisions. The renewal provisions in omnibus law have eliminate applicant petition to the state administrative court in order to obtain approval decision, however there is still a lack of norms regarding to the form / actions of public officials who are considered to have granted. When fictitious decision regulation in Indonesia compared to European Union member countries, there are differences such as the types of fictitious decisions, time limits, as well as the advantages and disadvantages of the arrangement

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