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Laksono, Nowo
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconstruction of the Authority of the Administrative Court (Ptun) To Ad-judicate Positive Fictitious Decisions Laksono, Nowo; Nasution, Krisnadi; Budiarsih
Law and Economics Vol. 19 No. 2 (2025): June: Law and Economics
Publisher : Institute for Law and Economics Studies

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Abstract

This research discusses the lack of effectiveness in the authority of the State Administrative Tribunal (PTUN) in handling disputes arising from positive fictitious decisions, as regulated in Law Number 30 of 2014 on Government Administration. This law emphasizes PTUN's role in providing legal certainty for decisions that are deemed legally granted despite the absence of a response from the relevant authorities. Although PTUN has jurisdiction over such disputes, the overly formalistic procedural approach often leads to lawsuits being dismissed or deemed inadmissible, contradicting the principles of modern administrative justice.This study aims to reconstruct PTUN's authority to enhance its effectiveness in adjudicating cases involving positive fictitious decisions. A normative juridical approach is applied by examining applicable legal provisions, analyzing court rulings, and referring to relevant legal literature. The findings indicate that procedural rigidity and normative ambiguity remain significant obstacles, particularly in determining the object of the dispute and proving the silence of government officials or agencies. This research offers a conceptual reconstruction of PTUN's authority, advocating for a more progressive judicial interpretation and the enforcement of the due process of law principle. Strengthening PTUN’s role is expected to improve administrative accountability, expand public access to justice, and provide better legal certainty in addressing uncertainties arising from government inaction
THE AUTHORITY OF THE STATE ADMINISTRATIVE COURT (PTUN) TO ADJUDICATE POSITIVE FICTITIOUS DECISIONS FROM A PERSPECTIVE OF JUSTICE Laksono, Nowo; Nasution, Krisnadi; Budiarsih, Budiarsih
ANAYASA : Journal of Legal Studies Vol. 3 No. 1 (2025): ANAYASA
Publisher : PT. Altin Riset Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61397/ays.v3i1.413

Abstract

The Administrative Court (PTUN) plays an important role in safeguarding the principles of legal certainty, justice, and protection of citizens' rights in Indonesia's administrative legal system. One of the emerging issues is positive fictitious decisions, which stipulate that if an administrative official does not issue a decision within a certain period, the petition is deemed to have been granted. This study aims to explore the authority of the PTUN in adjudicating positive fictitious decisions from a justice perspective. The method used is normative legal research that analyzes relevant regulations and their implementation in practice. The findings reveal that regulatory changes through Law No. 6 of 2023 have created legal uncertainty, reduced the PTUN's authority to adjudicate positive fictitious decisions, and created potential injustices for the public. This study recommends that the PTUN be granted the authority to adjudicate positive fictitious decisions while considering the principle of substantive justice, and the need for clearer regulations regarding oversight mechanisms within the automated administrative system. This study concludes that the removal of the PTUN's authority without clear alternative solutions contradicts the fundamental principles of the rule of law and has the potential to harm the public in accessing administrative justice.
Co-Authors Budiarsih Budiarsih, Budiarsih Krisnadi Nasution