Main Article Content
The concept of positive fictitious in the government administration process aims to make competent authority immediately process an application from the public so that the public can get certainty of their application more quickly and easily. This concept has been regulated in Article 53 of Law 30 Year 2014 concerning Government Administration. Nevertheless, by the enactment of Law 11 Year 2020 concerning Job Creation, the construction of Article 53 has been changed significantly with the new legal formulation. First, the article shortens the time for government agencies and/or officials to determine and/or make decisions and/or actions; Second, it includes provisions related to applications processed through electronic systems; Third, it includes the provision on the determination of decisions and/or actions deemed granted by the law shall be further stipulated in the Presidential Regulation. This change may affect the process of government action in public services such as the business licensing that is processed by the electronic system. Thus, this study aims to analyze the implication of the amendment of Article 53 of Law Number 30 Year 2014 on the issuing of automatic investment license in the Online Single Submission system as mandated by Government Regulation No. 5 Year 2021 on Implementation of Risk-Based Business Licensing.
Keywords: positive fictitious, investment license, online single submission
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