Fajri Kurniawan
Department of Computer Graphics and Multimedia Universiti Teknologi Malaysia

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PARADIGMA UNDANG–UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA TERHADAP KEPUTUSAN TATA USAHA NEGARA (KTUN) BERSIFAT FIKTIF POSITIF Kurniawan, Fajri; Hasanah, Shally Mahdayatul; Kasuma, M. Naufal Al-Hadi
Jurnal Hukum Peratun Vol 6 No 1 (2023)
Publisher : Puslitbang Hukum dan Peradilan MA bekerja sama dengan Ditjen Badimiltun MA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/peratun.612023.89-108

Abstract

Perubahan hukum melalui Undang – Undang Nomor 11 Tahun 2020 tentang Cipta Kerja telah merubah ketentuan keputusan fiktif positif yang terdapat di dalam Undang – Undang Nomor 30 Tahun 2014 tentang Administrasi Pemerintahan. Metode penulisan yang digunakan dalam penelitian ini adalah yuridis normatif menggunakan pendekatan Statutory Approach dan conceptual Approach. Tulisan ini menggunakan metode yuridis-normatif yakni pendekatan berdasarkan bahan hukum dengan cara menelaah konsep-konsep, teori-teori, asas-asas hukum dan peraturan perundang-undangan, serta literatur yang terkait dengan tulisan.Dalam tulisan ini ditemukan bahwa perubahan terkait keputusan yang bersifat fiktif positif terdapat dalam 2 hal, yaitu: memperpendek jangka waktu serta menghilangkan peranan pengadilan tata usaha negara pasca pengesahan Undang-Undang Nomor 11 Tahun 2020 tentang Cipta Kerja.
Pemenuhan Kewajiban Perpajakan Apoteker Pemilik Usaha Apotik Pasca Diundangkanya UU Cipta Kerja Gusminarti, Gusminarti; Khairani, Khairani; Kurniawan, Fajri
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 3 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Maret - April 2024)
Publisher : Dinasti Review Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jihhp.v4i3.1964

Abstract

In 2021 the government issued Minister of Health Regulation Number 14 of 2021 concerning Standards for Business Activities and Products in the Implementation of Risk-Based Business Licensing in the Health Sector (hereinafter abbreviated as Minister of Health Regulation No. 14 of 2021). In this regulation there are several changes, one of which is that the pharmacy must be owned by a pharmacist. If the pharmacy is not owned by a pharmacist, the capital owner may collaborate with the pharmacist by agreement before a notary. With this provision, there have been several changes for a pharmacist, one of which is regarding the fulfillment of tax obligations. Tax obligations for pharmacists who work only as pharmaceutical technical personnel, their tax obligations that must be fulfilled are only based on the KUP Law and Article 21 of the Income Tax Law Number 36 in 2008, which was most recently refined by Law Number 7 of 2021 concerning Harmonization of Tax Regulations. namely tax deductions by third parties, in this case by pharmacies. Meanwhile, with the Pharmacist's status as a Pharmacy owner, the fulfillment of his tax obligations will increase in accordance with Tax regulations, namely Business Entities. The problem is what if, during the course of the pharmacy business, the pharmacist who owns the pharmacy which was established based on the agreement resigns, what happens to fulfilling his tax obligations. In this regard, there are three problems that the researcher raises, first, what is the description of pharmacy ownership by pharmacists in West Sumatra, second, how to fulfill tax obligations for pharmacists as pharmaceutical workers and pharmacy owners in West Sumatra. third, problems encountered in fulfilling tax obligations by pharmacists who own pharmacies. In West Sumatra, the research uses research methods with an empirical juridical approach, descriptive research type, the data required is primary and secondary data as well as data collection techniques, interviews and document studies, data processing is carried out using qualitative analysis methods. The results of research on pharmacy ownership in West Sumatra are currently in various forms of business, namely Limited Liability Companies and Individual Businesses such as CVs and Firms so that ownership of Pharmacies is still owned by investors and currently there are 5 Pharmacies which are processing the extension of their Pharmacy Business Licenses and some have transferred their ownership to Children of financiers because they have completed their pharmacy studies, and there are also those who are currently processing business permits in the form of individual PT. Meanwhile, the tax obligations carried out by pharmacists as pharmacy business owners have not yet been implemented because currently pharmacies that use pharmacists as pharmacy owners with non-legal entity business forms are still in the process of processing their permits and legal entities. Problems encountered in fulfilling the tax obligations of pharmacists as business owners Pharmacies are still not visible, because the current status of Pharmacists still has the status of a Pharmaceutical Personnel, so their tax obligations are only limited to Income Tax Article 21.
Implikasi Undang – Undang Nomor 1 Tahun 2022 Terhadap Keberadaan Pajak Daerah Sebagai Sumber PAD Kabupaten/Kota di Provinsi Sumatera Barat Fithrina, Hendria; Gusminarti, Gusminarti; Darnis, Darnis; Kurniawan, Fajri
Nagari Law Review Vol 7 No 3 (2024): Nagari Law Review
Publisher : Faculty of Law, Andalas University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/nalrev.v.7.i.3.p.506-515.2024

Abstract

The implications of Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, are improvements to Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. In Law Number 1 of 2022, there are changes to the components of regional tax types in districts/cities in Indonesia, one of the aims of which is to increase the regional PAD. The seriousness of the Regency/City Government in implementing the regulations in this Law will be very beneficial for regional income from the tax sector. For this reason, research was carried out on the following problems: First, what is the regional government's view of the implications of Law Number 1 of 2022 in West Sumatra? Second, how is the implementation of Law Number 1 of 2022 regarding the existence of Regional Taxes in West Sumatra? Third, what are the obstacles faced and the solutions implemented in implementing Law Number 1 of 2022 in West Sumatra? To answer the research focus, this research uses empirical juridical research methods with research specifications from the West Sumatra Bapenda, Padang City Government Bapenda and West Pasaman Regency Bapenda, and is analyzed through literature review and data analysis methods using qualitative-juridical. A number of stages must be carried out by the government, such as completing the drafting of implementing Regional Regulations as intended in the a quo statutory regulations, conducting regional potential studies with consultants to determine the potential for regional tax revenue in the Regency/City, then carrying out socialization to the community as mandatory taxes, as well as technical guidance to tax collector employees within the Regional Government Organization (OPD) in order to maximize the potential of regional wealth in Regencies/Cities in West