implementation of fictitious positive decision case settlement at administrativecourts

The enactment of law number 30 of 2014 on government administration, has given birth to anew paradigm related to silence or neglect of an application to obtain a ruling or a decision from a stateadministration official becomes positive, meaning that every application for a state administrativedecree that is not followed up and/or ignored by state administration officials are considered legallygranted, as confirmed in the provisions of article 53 paragraph (3) of law number 30 of 2014 concerninggovernment administration. according to the principle of a fictitious positive decision, if the stateadministration agency or official does not issue the requested decision, while the predetermined periodhas passed, it is legally deemed to have issued a decision granting the application (a fictitious positivedecision). at the level of implementation at the administrative court, the procedure for the fictitiouspositive application has been regulated in supreme court regulation number 8 of 2017, concerningguidelines for procedures to obtain decisions on acceptance of applications to obtain decisions and /or actions of government agencies or officials. this court regulation number 8 is an amendment andrefinement of the supreme court regulation number 5 of 2015 concerning guidelines for procedures toobtain decisions on acceptance of applications to obtain decision and/or actions from governmentbody or officials.