Opinions Opinion

Positive and Negative Fictitious Decisions

Ramos Perisai

Contributor

13 Feb 2024 · 08:00 13 February 2024 08:00 WIB 8 minutes reading time: 8 minutes 4 read

Understand the role of positive and negative fictitious decisions in Indonesian government administration.

Opinion Note

This opinion article was written by a contributor/columnist. The views expressed are entirely the responsibility of the author and do not necessarily represent the views of the editors.

CONTRIBUTOR PROGRAM

You can become a columnist at Legal Literacy.

Submit your legal opinion/analysis writing. If it is published, you have the opportunity to obtain a payout/honorarium in accordance with the provisions.

Submit Article Read Guidelines

Table of Contents

An Overview of Fictitious Decisions
Positive Fictitious Decision
Negative Fictitious Decision

Legal Literacy - Understand the role of positive and negative fictitious decisions in Indonesian government administration.

An Overview of Fictitious Decisions

Fictitious decisions are closely related to the issuance of state administrative decisions in the administration of government.

Essentially, a fictitious decision is the government's silence regarding a request submitted by a particular party for a state administrative decision.

A fictitious decision is a "pseudo" state administrative decision. We cannot see it with the naked eye, but we can understand its existence through the interpretation of the government's attitude in the decision application.

Through a journal article entitled Positive Fictitious Cases and Their Legal Problems, Enrico Simanjuntak argues that fictitious decisions exist based on the principle of lex silentio, which is the tacit authorization granted by the government in the submission of permits. This principle is applied by the authorities of the European Union.

Many business actors struggle with licensing in carrying out their business activities. Sometimes, licensing becomes an obstacle and collectively this obstacle has the potential to hold back economic growth, especially in certain regions. With this decision, the problem can be overcome.

Countries in the European Union apply fictitious decisions as an effort to simplify administrative procedures. The decision becomes an important guarantee for business actors and the public in economic activities, which ultimately encourages the rate of economic growth at the regional level.

In Indonesia, we can see the regulation of fictitious decisions through 2 regulations. First, Law Number 30 of 2014 concerning Government Administration ("Government Administration Law"). Second, Law Number 5 of 1986 concerning State Administrative Courts ("UU PTUN") which has been amended by Law 9/2004 and the second amendment by Law 51/2009.

These two regulations divide fictitious decisions into 2 forms, namely positive fictitious and negative fictitious.