The Government Administration Act introduced the positive legal-fiction model, apparently to replace the negative legal-fiction model under the State Administrative Courts Act. However, this regulatory choice has generated legal controversy because it did not fully achieve that objective. As a result, the positive and negative legal-fiction models now coexist without a clear hierarchy or priority of application. This article examines the legal controversy arising from the adoption of these two models in different statutes. The issue is broader than a mere conflict between statutes because it concerns the legal consequences of administrative silence in administrative decision-making generally. This research employs a doctrinal legal method. It finds that the Government Administration Act and the State Administrative Courts Act regulate distinct subject matters; therefore, the positive legal-fiction model does not automatically revoke or supersede the negative legal-fiction model. Consequently, administrative silence in Indonesia may be treated under either the negative or the positive legal-fiction model, meaning that it may be deemed either a rejection or an approval of an application. A future General Administrative Law Act or General Administrative Procedure Act should adopt either the negative or the positive legal-fiction model as the general rule, with any exceptions expressly stipulated by law.
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