Positive Fictitious and Negative Fictitious on KTUN

Article 1 number 7 of the UU AP defines a Government Administration Decision, also called KTUN or State Administration Decision, as a written stipulation issued by a Body and/or Government Official in the administration of government.

Based on Article 53 of the UU AP, it is stated that if within the time limit of the obligation to stipulate and/or carry out a Decision and/or Action in accordance with the provisions of laws and regulations, the Body and/or Government Official does not stipulate and/or carry out a Decision and/or Action, then the application is deemed legally granted (positive fictitious).

However, in contrast to Article 3 paragraph (2) of the UU PTUN, it states that if a TUN Body or Official does not issue a requested decision, while the time period as determined by the data of the laws and regulations has passed, then the State Administrative Body or Official is deemed to have refused to issue the decision in question (negative fictitious).

The legal principle in the Article of the UU PTUN is the principle of silence means rejection which is the basis for the birth of the norm in Article 3 of the UU PTUN and the principle of legality stipulated in the administration of government based on Article 5 of the UU AP together with two other principles, namely the principle of protection of human rights and the general principles of good governance (AUPB), and contained in Article 1 number 2 of the UU PTUN.

Explanation of Article 5 letter a of the UU AP, defines the principle of legality as the administration of Government prioritizes the legal basis of a Decision and/or Action made by a Body and/or Government Official. In Article 1 number 2 of the UU PTUN stipulates: “TUN Body or Official is a Body or Official who carries out government affairs based on laws and regulations”.