Month: November 2024

Categories of Witnesses Prohibited from Testifying in Indonesian Civil Trials

Posted by Dr. Guan Yue on

In civil trials, a witness is someone who directly sees, hears, or experiences a legal event, and their testimony can serve as one of the considerations in resolving a case. According to Article 1866 of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata, abbreviated as BW), the forms of evidence are as follows:

  • Written evidence;
  • Witness testimony;
  • Presumptions;
  • Confessions;
  • Oaths.

However, not everyone can serve as a witness in civil litigation. The Indonesian Civil Procedure Code (Hukum Acara Perdata), particularly Revised Indonesian Civil Procedure Code (H.I.R (Herzien Inlandsch Reglement)) Article 145, sets specific restrictions on who may testify as a witness.

Restrictions on Witnesses

Article 145 of H.I.R states that the following individuals cannot serve as witnesses in civil trials:

  1. Direct relatives and in-laws
    This includes direct family members or in-laws of the parties involved.
  2. Spouses
    Even if divorced, a former spouse cannot act as a witness against the other party.
  3. Minors under 15 years of age
    If it cannot be confirmed that the witness is at least 15 years old, their testimony is invalid.
  4. Mentally ill individuals
    Even if the individual occasionally has clear memory, their testimony is not considered valid evidence.

Exceptions

Despite these restrictions, there are exceptions where such witnesses may testify:

  1. Family disputes
    In cases involving family matters such as marriage, divorce, or child custody, direct relatives or in-laws may act as witnesses.
  2. Labor disputes
    For issues related to employment contracts (e.g., termination, severance pay, or labor rights), these restrictions may be waived.

Right to Refuse Testimony

Article 146 of H.I.R grants certain individuals the right to refuse to testify, including:

  1. Siblings and their spouses from either party;
  2. Direct blood relatives and siblings of the husband or wife of one of the parties;
  3. Any person who, by virtue of their job or position, is legally bound to maintain confidentiality; but only regarding matters entrusted to them.

This protects witnesses from being forced into difficult situations, ensuring their rights and privacy.

Legal Consequences

If a prohibited person is compelled to testify in a civil trial, their testimony is of limited legal value. While they may appear in court, they are not sworn in, and their testimony cannot be used as valid evidence.

Conclusion

The restrictions on witnesses in Indonesian civil trials reflect the legal system’s commitment to fairness and the reliability of evidence. By specifying who can and cannot testify, and allowing exceptions in particular circumstances, the law ensures that the evidence presented in court is both credible and appropriate for the case at hand.

PASAL 25 in Indonesia’s Corporate Tax System and Its Calculation Method

Posted by Dr. Guan Yue on

In Indonesia’s taxation system, PASAL 25 (Pajak Penghasilan Pasal 25, abbreviated as PPh Pasal 25) is an integral part of corporate income tax. It provides a mechanism for companies to pay their income tax in monthly installments, reducing the financial burden of a single annual payment and ensuring steady tax revenue for the government. This article will explain PASAL 25, its scope, and its calculation method.

What is PASAL 25?

PPh Pasal 25 refers to the tax regulation under Article 25 of Indonesia’s Income Tax Law, requiring taxpayers to pay their estimated annual income tax in monthly installments. It applies to:

  1. Corporate taxpayers (Badan Usaha), including limited liability companies (PT), cooperatives, and other business entities.
  2. Individual taxpayers (Wajib Pajak Orang Pribadi) whose income meets the taxable threshold.

PASAL 25 serves as a prepayment towards the final annual income tax liability (PPh Pasal 29), alleviating the financial burden during the annual tax return process.

How is PASAL 25 Calculated?

The monthly installments for PASAL 25 are based on the previous year’s tax filings, using the following formula:

Where:

  • Previous Year’s Tax Liability: The total income tax payable reported in the previous year’s tax return (PPh Pasal 29).
  • Previous Year’s Tax Credits: Tax amounts already paid through withholding taxes such as PPh Pasal 21 (employee income tax), PPh Pasal 23 (withholding tax on specific transactions), and PPh Pasal 22 (prepaid tax for imports).
  • 12: The number of months in a year, representing equal monthly installments.

Example Calculation

Suppose a company’s total tax liability for 2023 was IDR 1,200,000,000, and it had already paid IDR 400,000,000 through PPh Pasal 21, PPh Pasal 23, and PPh Pasal 22. Its monthly PASAL 25 payment for 2024 would be:

Thus, the company would need to pay IDR 66,666,667 monthly as its PASAL 25 obligation in 2024.

Payment Procedure and Deadlines

Taxpayers are required to pay PASAL 25 by the 15th of each month, using the following steps:

  1. Generate a tax payment slip (SSP) through Indonesia’s online tax system (e-Billing).
  2. Complete the payment at designated banks or through online payment systems.

Timely payment of PASAL 25 avoids penalties and late payment fines.

Relation to Other Taxes

PASAL 25 operates as a prepayment mechanism linked to the final annual income tax (PPh Pasal 29). If the total prepaid tax exceeds the actual annual tax liability, the taxpayer can apply for a refund. Conversely, if the prepayments fall short, the taxpayer must pay the difference during the annual tax reconciliation process.

Conclusion

PASAL 25 is a critical component of Indonesia’s corporate tax framework. Proper planning and timely compliance with PASAL 25 obligations help businesses manage their tax burden effectively while avoiding penalties. Companies should ensure accurate calculations based on their previous year’s tax data to stay compliant with the law.

Overview of the Indonesian Tax Court

Posted by Irfan Disnizar, SH. on

The Indonesian Tax Court (Pengadilan Pajak) is a judicial body dedicated to resolving tax disputes in Indonesia. As part of the judicial system, its primary function is to adjudicate cases of dispute between taxpayers and tax authorities. The Tax Court holds a significant role within the legal framework, providing taxpayers with a legitimate means of appeal to safeguard their rights when they disagree with a decision from the tax authorities.

I. Duties and Jurisdiction of the Tax Court

The Indonesian Tax Court is responsible for hearing and ruling on various disputes between the Directorate General of Taxes (Direktorat Jenderal Pajak) or other tax-collecting agencies (such as the Directorate General of Customs and Excise). The main types of cases it handles include:

  • Tax Assessment Disputes: When taxpayers disagree with the tax authorities’ assessments, they may file a lawsuit with the Tax Court within a specified period. These disputes commonly involve Income Tax (Pajak Penghasilan), Value-Added Tax (Pajak Pertambahan Nilai), and other local taxes and customs duties.
  • Tax Penalties and Fines Disputes: If a taxpayer believes that penalties or fines imposed by the tax authority are unreasonable, they can appeal to the Tax Court to seek a fair resolution.
  • Tax Procedure Issues: These include issues such as whether the tax authority’s investigative procedures are reasonable and if the enforcement process complies with regulations.
  • Customs Disputes: These disputes involve import/export taxes, customs duties, and other tax issues related to the Directorate General of Customs and Excise.

II. Litigation Process

When taxpayers disagree with the decision of the tax authorities, they must file a lawsuit with the Tax Court within 90 days of the ruling’s issuance. The main steps in the process include:

  • Filing an Application: Taxpayers or their legal representatives submit the case and pay the relevant court fees. They must provide evidence and documentation related to the case to support their stance.
  • Hearing Process: The court proceedings generally include an initial review and a substantive examination. During the hearing, judges assess the statements from both parties and the submitted evidence to fully understand the case and ensure a fair ruling.
  • Ruling: After the hearing, the court issues a final ruling. Both the taxpayer and the tax authority must fulfill their obligations according to the ruling. If either party is unsatisfied with the Tax Court’s decision, they may further appeal to the Supreme Court (Mahkamah Agung), though the appeal process is strict and subject to specific conditions.

III. Importance of the Tax Court

The Tax Court plays an essential role in protecting taxpayer rights, promoting compliance with tax laws, and enhancing transparency within tax authorities. It offers taxpayers a legitimate pathway to challenge tax authorities’ decisions, preventing potential abuses of power in the tax collection process. Additionally, the Tax Court’s rulings serve as precedents for tax practices in Indonesia, contributing to the improvement of the tax regulatory system and enhancing transparency in tax administration.

IV. Challenges and Future Outlook

Despite its important role, the Indonesian Tax Court faces some challenges:

  • Case Backlog: The increasing number of tax dispute cases has led to a higher workload for the court, which has extended case processing times.
  • Shortage of Specialized Professionals: The tax field requires professionals with expertise in both finance and law, and the Tax Court has high standards for judges and lawyers. The shortage of skilled personnel limits the court’s operational efficiency.
  • System Optimization: The Tax Court still needs to further optimize its case management processes and information systems to improve efficiency and transparency.

In the future, as the Indonesian government continues to refine the tax system and strengthen communication between tax authorities and taxpayers, the role of the Tax Court will become increasingly important. The Tax Court is also expected to actively adopt digital systems to accelerate case processing and provide more efficient services. Through these initiatives, the Indonesian Tax Court will be better equipped to protect taxpayers’ legitimate rights and promote transparency and fair enforcement by tax authorities.