Keputusan Tata Usaha Negara Fiktif Negatif Fiktif Positif

Summary

This lecture focuses on Indonesian administrative law, specifically the concept of 'Keputusan Tata Usaha Negara' (KTUN), or administrative decisions. The speaker explains the key components of KTUN, including the necessity of written decisions and the legal implications of actions or inactions by government officials. It covers two types of fictitious decisions: fictitious negative (when inaction is considered a rejection) and fictitious positive (when inaction is considered an approval). The lecture highlights how the law protects citizens from bureaucratic delays and emphasizes the importance of timely administrative responses and judicial intervention in such matters.

Takeaways

• 😀 Administrative decisions (*keputusan tata usaha negara*) must always be in written form to be recognized as valid.
• 😀 These decisions are made by government officials or administrative bodies in response to public requests, like permits or applications.
• 😀 A decision is valid only if it is written, issued by an authorized body or official, and involves legal actions that result in a direct consequence for individuals or legal entities.
• 😀 If a government official does not respond to a request, their silence can be interpreted as an administrative decision.
• 😀 *Keputusan fiktif negatif* occurs when the government fails to issue a decision within the prescribed time limit, and this is legally treated as a rejection.
• 😀 In cases where a request is not addressed by the government within the stipulated time, citizens can appeal to the administrative court for a review of the presumed rejection.
• 😀 The legal framework provides time limits for government action. For example, certain requests must be decided within 30 days, or they are considered automatically rejected after that period.
• 😀 If the law doesn't specify a time limit, the general rule is that government officials must respond within 4 months of receiving a request.
• 😀 *Keputusan fiktif positif* happens when the government doesn't act within a shorter time frame (e.g., 10 days), and the request is automatically assumed to be approved.
• 😀 The administrative court is also bound by time limits, and they must issue a decision within 21 days after receiving a request, ensuring a timely resolution for citizens.
• 😀 Once the court makes a ruling, the relevant government bodies are required to act on it within 5 working days, ensuring enforcement of court decisions.

Q & A

What is 'Keputusan Tata Usaha Negara' (KTUN)?

Keputusan Tata Usaha Negara (KTUN) refers to a written decision made by administrative bodies or public officials that affects individuals or legal entities. It is a legal instrument used within Indonesian administrative law to resolve issues or disputes.

What are the essential elements that define a KTUN?

The five essential elements of KTUN are: (1) A written decision, (2) Issued by a public administrative body or official, (3) Contains legal actions related to public administration, (4) It is concrete, individual, and final, and (5) It has legal consequences for individuals or legal entities.

What is a 'fiktif negatif' decision in the context of KTUN?

A 'fiktif negatif' decision occurs when an administrative body or public official fails to issue a decision on a request within the required time, and this silence is considered as an implicit rejection of the request.

How is a 'fiktif negatif' decision legally treated under Indonesian law?

According to Indonesian Law No. 5 of 1986, if an administrative body or official does not make a decision within the stipulated time, this silence is treated as a negative decision, meaning the request is considered rejected.

What is a 'fiktif positif' decision?

A 'fiktif positif' decision is when an administrative body or official does not issue a decision within the prescribed time limit, and this inaction is treated as an implicit approval of the request.

What is the time limit for a public official to issue a decision according to Indonesian Law No. 30 of 2014?

Under Indonesian Law No. 30 of 2014, the time limit for an administrative body or official to issue a decision is 10 business days after receiving a complete application.

What happens if an administrative body does not respond within the set time limits for a request?

If the administrative body or official does not respond within the specified time, the request is considered implicitly accepted (fiktif positif) or implicitly denied (fiktif negatif), depending on the situation and applicable laws.

How does the concept of 'fiktif positif' protect citizens?

The concept of 'fiktif positif' ensures that citizens are not left in limbo when government officials fail to act within the prescribed time. The silence is legally treated as an implicit approval, allowing the citizen to proceed with their request as if it were granted.

What is the role of the court in cases of KTUN, and what is the deadline for a court decision?

In cases of KTUN, if an administrative body does not issue a decision within the required timeframe, the applicant can take the case to court. The court must issue a decision within 21 days from the submission of the request.

What must an administrative body do once a court issues a decision regarding a KTUN case?

Once a court issues a decision, the administrative body is required by law to implement the court's ruling within 5 working days.