Positive Fictitious Decision

Positive fictitious is a decision that automatically arises based on an application that is not responded to by an official after the time limit specified by the laws and regulations.

The positive fictitious arrangement is contained in Article 53 paragraphs (1), (2), and (3) of the Government Administration Law which reads as follows.

(1) The deadline for the obligation to stipulate and/or carry out Decisions and/or Actions in accordance with the provisions of laws and regulations.
(2) If the provisions of laws and regulations do not stipulate a deadline for the obligation as referred to in paragraph (1), the Agency and/or Government Official is obliged to stipulate and/or carry out a Decision and/or Action within a maximum of 10 (ten) working days after the application is received in full by the Agency and/or Government Official.
(3) If within the time limit as referred to in paragraph (2), the Agency 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 emphasis is on paragraph (3) even though this provision does not explicitly state the term. Here, positive fictitious becomes tacit approval from state administrative officials in issuing a state administrative decision.

Even though it is pseudo in nature, positive fiction is still a state administrative decision issued based on government administrative procedures. It cannot just appear. It must first be requested by the interested party.

What makes positive fiction different from state administrative decisions in general is

verification of its publication Decisions that are not included in positive fiction are issued based on active confirmation from state administrative officials. The confirmation is also given within a period of time that complies with the laws and regulations.Positive fictitious emphasis is on paragraph (3) even though this provision does not explicitly state the term. Here, positive fictitious becomes tacit approval from state administrative officials in issuing a state administrative decision.

Meanwhile, positive fiction is issued based on a court decision requested by the interested party. The application is submitted because the state administrative official authorized to issue it does not provide active confirmation after the specified period.

We can see this through the provisions of Article 53 paragraphs (4), (5), and (6) of the Law on Government Administration which reads as follows.

(4) The applicant

submits an application to the Court to obtain a decision accepting the application as referred to in paragraph (3). (5) The Court is obliged to decide on the application as referred to in paragraph (4) no later than 21 (twenty one) working days from the date the application is submitted.
(6) The Agency and/or Government Official is obliged to stipulate a Decision to implement the Court's decision as referred to in paragraph (5) no later than 5 (five) working days from the date the Court's decision is stipulated.
According to the provisions above, positive fiction will be issued by the authorized state administrative official. This is no different from the final result of the decision issuance procedure which relies on the authority of state administrative officials.