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All Journal Greenation International Journal of Law and Social Sciences
Zudan Arief Fakrullah
Universitas Borobudur, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Pawn Companies Against Transactions Involving Criminal Collateral: Critical Analysis of East Jakarta District Court Decision No. 332/Pid.B/2023/PN.Jkt.Tim Fitri Kharisma; Zudan Arief Fakrullah
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.636

Abstract

This study addresses the critical legal conflict arising when collateral accepted by a bona fide pawn company is later identified as criminal proceeds. The background highlights the inherent clash between the creditor’s preferential right (droit de suite), which aims to secure debt repayment under civil law, and the victim’s absolute right to restitution (revindication) under criminal law enforcement. The purpose is to critically analyze the recent East Jakarta District Court Decision No. 332/Pid.B/2023/PN.Jkt.Tim, which ordered the return of the collateral to the victim without providing any compensation to the compliant pawn institution, severely undermining legal certainty. The research utilized a rigorous normative juridical method, employing both case and conceptual approaches to analyze primary legal instruments, including the Civil Code, the Criminal Procedure Code, and the strict CDD/KYC requirements detailed in OJK Regulation No. 8 of 2023. The results indicate that the court’s singular focus on criminal restitution effectively extinguished the pawn company's property rights. The failure to award compensation signifies that objective good faith, even when rigorously evidenced by regulatory compliance, was deemed insufficient to secure financial protection, directly contradicting the doctrine of the valid pledge agreement under Article 1152(4) of the Civil Code. The study concludes that the Supreme Court must issue mandatory guidance (SEMA) to enforce compensation for the principal loan to compliant bona fide creditors prior to collateral restitution, which is necessary for achieving judicial harmonization and strengthening the stability and integrity of the financial services sector.
Reclassification of Excessive Royalties as Disguised Dividends: A Normative Analysis of Secondary Adjustment in Indonesian Tax Law and OECD Standards Bangkit Cahyono; Zudan Arief Fakrullah
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.637

Abstract

Transfer pricing practices in related-party transactions often involve royalty or service payments that deviate from the arm’s length principle, leading to tax base erosion. In Indonesia, Article 18(3) of the Income Tax Law authorizes the tax authority to reallocate profits and to treat the excess portion of such transactions as hidden dividends. This paper aims to analyze the concept of reclassification of excessive royalties into disguised dividends through the framework of primary and secondary adjustments. Using a normative juridical approach, the study examines statutory provisions in the Indonesian Income Tax Law, implementing regulations such as PER-22/PJ/2013, and international guidelines including the OECD Transfer Pricing Guidelines (2017) and OECD Model Convention Commentary on Article 10. The results show that primary adjustments on royalties—when deemed excessive—necessitate secondary adjustments in the form of constructive dividends to align profit allocation with the arm’s length principle. This constructive dividend concept is consistent with international practice where excess profits are recharacterized as disguised dividends, equity contributions, or loans. The findings further demonstrate that Indonesian law explicitly recognizes disguised dividends under Article 4(1) of the Income Tax Law, thereby reinforcing the legitimacy of secondary adjustments as a safeguard against profit shifting. In conclusion, reclassifying excessive royalty payments as hidden dividends not only ensures fairness in taxation but also harmonizes domestic practice with international standards while preventing tax avoidance.
Co-Authors Bangkit Cahyono Fitri Kharisma