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Doni Budiono
Asosiasi Dosen Hukum Acara Perdata

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LEGAL VOID IN THE CUSTOMS LAW REGARDING LAWSUITS: A COMPARATIVE ANALYSIS WITH THE TAX LAW: KEKOSONGAN HUKUM UPAYA GUGATAN DALAM UNDANG-UNDANG KEPABEANAN: ANALISIS PERBANDINGAN DENGAN UNDANG-UNDANG PERPAJAKAN Doni Budiono
ADHAPER: Jurnal Hukum Acara Perdata Vol. 12 No. 1 (2026): Juni
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v12i1.30

Abstract

Law No. 10 of 1995 on Customs, as amended by Law No. 17 of 2006, does not recognize a lawsuit remedy as a legal avenue. Instead, it provides objection, correction of assessment, reduction or cancellation of administrative sanctions, judicial review, and appeal to the Tax Court. This differs from Law No. 6 of 1983 on General Provisions and Tax Procedures, last amended by Law No. 6 of 2023 on Job Creation, which expressly provides a lawsuit remedy in addition to appeal. This regulatory difference creates a legal vacuum in the customs dispute settlement system, because many administrative decisions issued by customs authorities are more appropriately challenged through a lawsuit than through an appeal. In practice, customs disputes frequently end with inadmissibility rulings when the disputed decision is considered not to qualify as an object of lawsuit. Furthermore, the customs appeal requirement that obliges full payment of import duty, export duty, and import related taxes before an application is filed imposes an additional burden on justice seekers, especially when the dispute concerns procedural issues only. This condition produces uncertainty in legal protection for importers, exporters, and customs service users who face administrative decisions beyond tariff classification and customs valuation. This study analyzes the legal vacuum concerning lawsuit remedies in the customs system by comparing it with the tax law framework. It uses normative legal research with statutory, conceptual, and comparative approaches. The findings are expected to contribute to the development of customs law and to encourage reform of the Customs Law to achieve harmonization with tax law and to ensure adequate legal protection for affected parties.
IMPLEMENTASI ONE ROOF SYSTEM DI PENGADILAN PAJAK: TANTANGAN DAN SOLUSI DALAM MEWUJUDKAN PERBAIKAN PENYELESAIAN SENGKETA PAJAK Doni Budiono
Jurnal Yuridis Vol 11 No 2 (2024): Jurnal Yuridis
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/jyur.v11i2.9272

Abstract

Constitutional Court Decision Number 26/PUU-XXI/2023 concerning "one roof system" in the Tax Court is a sign ificant milestone in achieving justice for tax payers. This decision reaffirms the essence of the Tax Courtand the Supreme Court as judicial institutions seeking justice, not merely as tools for the government tosecure statere venue. The issuanceof thisdecisionserves as a The issuance of this decisionserves means of reform to address issues in tax dispute resolution from the Directorate General of Taxes (DJP) level, theTax Court, to the Supreme Court. This study discusses two main research questions: First, whether the issuanceofthe Constitutional Court Decision Number 26/PUU-XXI/2023 on the "one roof system" in the Tax Court issufficientto provide justice for tax payers. Second, what are theis suesfaced in tax dispute resolution from the DJP level, the Tax Court, to the Supreme Court, and their solutions. This research is normative, using statutory, conceptual, and comparative legal approaches. The research result sindicate that the implementation of the "one roof system" in the Tax Court has a positive impact on the transparency and accountability of the tax dispute resolution process. However, the implementation of this system alone is not sufficient. There are still various challenges that need to be addressed to fully realizejustice for those seeking it in the tax dispute resolution system.