Businesspeople remain enthusiastic about applying for tax pardons despite a planned appeal for a judicial review of the Tax Amnesty Law by several groups.
Indonesian Employers Association (Apindo) chairman Hariyadi Sukamdani told journalists on Monday that the lobby group would actively take part in defending the law at the Constitutional Court.
“We are sure businesspeople will apply in the first three-month phase, which now leaves only around two and half months after last week’s Idul Fitri holidays,” Hariyadi said after attending a closed-door coordination meeting at the Finance Ministry in Central Jakarta.
The judicial review, he added, will not weaken businesspeople’s confidence in joining the tax amnesty, which began this month and will pardon Indonesians who declare and repatriate their assets with low penalty rates of 2 percent to 10 percent.
Conglomerate Sinar Mas Group’s managing director, Gandi Sulistiyanto, who also attended the meeting, similarly insisted that the judicial review would not affect his company’s plan to join the program.
“[Our tax amnesty application] will be proposed in the first term. Once it [the program] is opened, we’ll apply for it,” he said, declining to give details on the firm’s declared assets. The amnesty period of July to March next year is to be divided into three phases, and early submissions will enjoy lower penalty charges.
Meanwhile, the One Justice Foundation and the Indonesian People’s Struggle Union, along with four Indonesian individuals, announced in Jakarta on Sunday that they would submit a judicial review petition to challenge the Tax Amnesty Law.
The groups presented as many as 21 reasons behind the petition, including allegations that the law would cause losses to state revenue, hamper whistle-blowing efforts, repeat the failures of 1964 and 1986 tax amnesty efforts and facilitate money laundering and tax evasion.
Twelve contentious articles in the law will be challenged by the groups, including those regarding tax amnesty subjects and objects, penalty rates and the obligations of the authorities to keep tax amnesty applicants’ data confidential.
One Justice Foundation chairman Sugeng Teguh Santoso said his group would submit the petition once the law was signed by President Joko “Jokowi” Widodo, who had as of Monday evening yet to sign the law and bring it into effect, nearly two weeks after it made it onto the statute book.
Coordinating Economic Minister Darmin Nasution said at the State Palace on Monday that the government should prepare itself to present its legal standing and defense at the court.
Finance Minister Bambang Brodjonegoro was sanguine regarding the judicial review, saying he considered such challenges normal in a democratic society.
“The most important thing is that we ask all parties to prioritize the state’s interest, not those of individuals or groups, and especially foreigners,” Bambang told journalists.
Finance Ministry Taxation Director General Ken Dwijugiasteadi expressed a similar view, adding: “The plaintiffs must be sure too whether they already have correct SPTs [tax reports] and have reported them honestly.”
Separately, Prosperous Justice Party (PKS) lawmaker Ecky Awal Mucharam, who voted against passing the bill into law at a House plenary session, said he honored and supported the attempted judicial review.
“I’m sure those who are proposing the review are doing so based on responsibility and awareness that the law contains things that are not in accordance with the constitution,” he said.
Penulis: Prima Wirayani, Ina Parlina and Nurul Fitri Ramdhani
Sumber: thejakartapost
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