Implications of changes in the authority of the state administrative court for fictive positive decisions post the employment creation act

Abstract

Indonesia is a state of law, one of its characteristics is marked by the existence of a State Administrative Court. The existence of the State Administrative Court aims to seeprovide protection to people seeking justice who feel they have been disadvantaged as a result of a State Administrative decision. The passage of the Job Creation Law has had an impact on changing the paradigm of the authority to examine positive fictitious decisions by the Administrative Court. For this reason, the purpose of this article is to find out and analyze the implications of changing the authority of the state administrative court for positive fictitious decisions. The normative juridical law research method with a conceptual approach, and a statutory approach are used in writing this article.The consequence of the passing of the Job Creation Law is that the positive fiction is abolished.UU no. 11 of 2020 mandates further provisions regarding the form of making decisions and/or actions that are considered legally acceptable (fictional positive), however, up to the time of this writing, these regulations have not been issued.In addition, it is necessary to review the existence of Supreme Court Regulation Number 8 of 2017 concerning Positive Fiction. The position of Perma Number 8 of 2017 implements the material stipulated in Article 53 of the AP Law.