PENERAPAN TEORI FIKTIF NEGATIF DAN KOMBINASINYA DENGAN PASAL 55 UU NO. 5 TAHUN 1986 DALAM PTUN

Summary

In this educational video on the characteristics of the Administrative Court (PTUN) law, the speaker explains the concept of 'fiktif negatif,' which denotes the assumption of a negative decision when a public official fails to respond to a request within a designated timeframe. The theory aims to provide clarity and certainty for applicants, allowing them to act upon non-responses. The video references key legal provisions from Law No. 5 of 1986, outlining the implications of this theory and providing illustrative examples to demonstrate its application in real-world scenarios. Future sessions are promised to deepen the understanding of PTUN law.

Takeaways

• 😀 The theory of *fiktif negatif* in PTUN indicates that if a public official fails to issue a decision within the required time, it is deemed as a rejection.
• 😀 *Fiktif* means fictitious, contrasting with *konkrit*, which means concrete or real.
• 😀 *Negatif* signifies a rejection, while *positif* indicates an approval of an application.
• 😀 This theory aims to provide certainty to the public regarding their applications to the government.
• 😀 Legal basis for *fiktif negatif* is found in Article 3 of Law No. 5/1986 regarding administrative courts.
• 😀 Article 3 states that if an official does not respond within a certain timeframe, the application is considered rejected.
• 😀 If no timeframe is specified, a four-month waiting period applies after receiving the application.
• 😀 Practical examples illustrate how the theory can be invoked, such as Tuan Ali's IMB application in different cities with varying response times.
• 😀 Article 55 of the same law requires that lawsuits against administrative decisions be filed within 90 days of the decision being received or announced.
• 😀 Timing is crucial in filing lawsuits; premature or expired filings may lead to rejection by the court.

Q & A

What is the theory of negative fiction in PTUN law?

The theory of negative fiction refers to the legal principle where the inaction of a public official in issuing a decision within a specified timeframe is considered as a rejection of the application.

Why is the concept of negative fiction important in PTUN?

It provides certainty to citizens about their applications to government agencies, ensuring accountability and transparency in public administration.

What are the two possible outcomes when a citizen submits an application to the government?

The outcomes are either that the application is granted (approved) or denied (rejected), but if there is no response within the required timeframe, it is assumed to be denied.

What legal provisions support the theory of negative fiction?

The legal basis is found in Law No. 5 of 1986, specifically Article 3, which outlines the implications of a public official's failure to issue a decision in a timely manner.

What does Article 3, Paragraph 1 of Law No. 5 of 1986 state?

It states that if a public agency or official does not issue a decision that they are obligated to, it is considered that they have issued a decision.

How long does a citizen have to wait for a response before invoking the negative fiction theory?

If a specific timeframe is not set by the relevant regulations, citizens must wait four months from the date of application submission.

In the example of Tuan Ali's IMB application in Bandung, what happens if no response is received by March 10?

If there is no response by March 10, it is assumed that the application has been rejected under the negative fiction theory.

What is the significance of Article 55 in the context of PTUN lawsuits?

Article 55 states that lawsuits must be filed within 90 days of receiving or being notified of the decision from the public agency, and failing to do so results in the lawsuit being considered expired.

What happens if a lawsuit is filed prematurely?

If a lawsuit is filed before the expiration of the relevant waiting period, it will be deemed premature and not accepted by the court.

What is the consequence of filing a lawsuit after the 90-day limit?

Filing after the 90-day period results in the lawsuit being considered expired or 'daluarsa,' and it will not be accepted by the PTUN.