TINJAUAN YURIDIS TERHADAP KEPUTUSAN TATA USAHA NEGARA FIKTIF POSITIF PASCA UNDANG-UNDANG CIPTA KERJA DI INDONESIA

Abstract

The government needs to improve the investment ecosystem and ease of doing business, as well as accelerate national strategic projects, including legal protection for workers in several laws into one comprehensive law, resulting in Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning JOB CREATION into Law (Job Creation Law). One of the new provisions in the Job Creation Law is the change in the concept of positive fictitious state administrative decisions (KTUN fictitious positive) upon requests to issue State Administrative Decisions (KTUN). The urgency of this research is to explain the regulations and implications of changes to positive fictitious KTUN after the Job Creation Law. This research uses a normative legal method with a statutory and conceptual approach. The conclusion of the research is that State Administrative Officials are not justified in remaining silent on requests for administrative services beyond the five-working-day limit unless the legislation does not specify a time limit for the obligation to determine KTUN. The public can pursue administrative remedies, minimize conventional applications, go through the ombudsman, and file lawsuits against government actions for enforcement.