Ordinary State Administrative Dispute and Positive-Fictitious decisions Dispute in Administrative Court (PTUN), In Relation to Administrative Appeal

Weda Kupita

Abstract


The State Administration decisions,  is a written determination by a government official, if it is the object of a dispute in the Administrative Court, it is categorized as an "Ordinary State Administrative Dispute". PTUN is also authorized to adjudicate disputes caused by the existence of "Positive-Fictitious Decisions", which is interpreted as a silence of government officials not issuing the requested petition, then the petition is considered legally granted. The dispute is categorized as "Fictitious-Positive Decision Dispute". Before filing a lawsuit to the Administrative Court, it must first take an " Administrative Appeal ", it is determined if the authorized official does not respond (acts in silence) to Administrative Appeal, then "Administrative Appeal are deemed granted". Then there will be a juridical problem: "whether the dispute will be tried by PTUN as" Ordinary State Administrative Dispute "or as" Fictitious-Positive Decision Dispute? ". The approach method used is Normative Juridical, qualitative normative analysis method, and grammatical and systematic interpretation method. It is not yet clear whether the legal event will become an "Ordinary TUN Dispute" or a "Fictitious-Positive Decision Dispute", because it cannot be classified into the two types of disputes. Certainty is needed, because the procedural law are very different between the two types of disputes.

Keyword: Ordinary Dispute, Positive-Fictitious Dispute, Administrative Appeal, Administrative Court.


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References


Ahmad. 2017. Fictitious-Positive Concept: Its Application in PTUN. Replik Legal Journal. Vol. 5 No. 2.

Aschari, M. and Fransisca Romana Harjiyatni. 2017. Review of Absolute Competence of State Administrative Courts in Resolving Fictional Positive Decision Disputes. Journal of Legal Studies, Vol. 2, No. 1. Yogyakarta. Janabrada University.

Indriharto, (1993), Efforts to Restrain the Law on State Administrative Courts, Book II, 4th edition. Jakarta. Pustaka Sinar Harapan,

Mahfud MD, Moh., (2001), Basis and structure of Indonesian State Administration. Jakarta. Rineka Cipta.

HR., Ridwan, (2013), State Administrative Law, 8th January 2013. mJakarta. Raja Grafindo Persada.

Wiyono, R., (2013), State Administrative Court Procedural Law, Third Edition. Jakarta. Sinar Grafika.

Universitas Indonesia – Center for Study of Governance and Administrative Reform (UI-CSGAR). (20017) Annotation Book of Law Number 30 Concerning Government Administration. Jakarta. Universitas Indonesia Press.

Law Number 5 of 1986 concerning State Administrative Courts,

Law Number 9 of 2004 concerning Amendments to Law Number 5 of 1986 concerning State Administrative Courts,

Law Number 51 of 2009 concerning Second Amendment to Law Number 5 of 1986

Law Number 30 of 2014 concerning Government Administration

Supreme Court Regulation Number 8 of 2017 concerning Guidelines for Fictitious-Positive Case Procedures

Supreme Court Regulation Number 6 of 2018 Regarding Lawsuits After Taking Administrative Efforts




DOI: http://dx.doi.org/10.20884/1.jdh.2021.21.1.2922

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