DECISION ARRANGEMENTS WHICH ARE POSITIVE FACTIVE IN LAW NO. 30 OF 2014 CONCERNING GOVERNMENT ADMINISTRATION AND LEGAL CONSEQUENCES AS DISPUTING OBJECT OF STATE ADMINISTRATION

Risky Amalia, Rakhmat Bowo Suharto

Abstract


Issues raised 1) Why in Law No. 30 of 2014 concerning government administration governs positive fictitious decisions 2) What are the legal consequences of positive fictitious decisions as objects of TUN disputes 3) What problems arise from positive fictitious arrangements and what policy solutions need to be taken to overcome these problems. The purpose of knowing, analyzing and studying the background and reasons underlying positive fictitious arrangements in Law No. 30 of 2014 concerning government administration and to find out the legal consequences of positive fictitious decisions as objects of TUN disputes, and find out what problems arise from positive fictitious arrangements.
This thesis research method uses a normative juridical approach, normative sources of legal research are obtained from literature rather than from the field, for that the term known is legal material. in normative legal research library materials are the basic ingredients which in research science are generally called secondary legal materials.
From the results of the study it can be concluded that the positive fictitious regulation has consequences for the object of the dispute in the State Administrative Court in the attitude of the state administration official who ignores the request of the citizens to issue a decision after the enactment of Law N0. 30 of 2014 concerning Government Administration by using the testing model in the form of a request to the State Administrative Court as regulated in Article 53 of Law Number 30 of 2014 the non-formulation of norms regarding positive fictitious application procedural law makes the Supreme Court issue Supreme Court Regulation Number 5 Year 2015 as a guide for State Administrative Court Judges in resolving disputes on positive fictitious applications. The court is obliged to decide on an application no later than 21 (twenty one) working days since the request was submitted and the decision is final and binding, but the Supreme Court can open the Review Board as a Means " Corrective Justice ".

Keywords: Decision Arrangement, Positive Fictitious, Object of Dispute




DOI: http://dx.doi.org/10.30659/jdh.2.3.%25p

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