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Journal : POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)

LEGAL CONSEQUENCES FOR TAX CRIMES WITH FICTITIOUS TAX INVOICES Subroto, Edwin Sulasdjono; Sidarta, Dudik Djaja; Soekorini, Noenik
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 4 (2024): OCTOBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i4.1438

Abstract

This research aimed to examine the legal implications of tax fraud involving fictitious tax invoices by businesses and to examine the factors that judges take into account when imposing criminal penalties on those who use fictitious tax invoices in cases such as Decision Number523/Pid.Sus/2021/PN Cikarang, Decision Number 1227/Pid.Sus/2021/PN Jkt.Utr, and Decision Number 926/Pid.Sus/2019/PN Jkt.Utr. This study pertains to normative legal research, utilizing the statute approach and conceptual approach. Primary legal resources for this research consist of Law No. 7 of 2021 and Law No. 28 of 2007, while Secondary Legal Materials refer to data from media and literature sources. Collection of legal research materials through library research with legal material analysis techniques with descriptive analysis. The study findings demonstrate that companies engaging in tax fraud through fake tax invoices may face criminal charges under Article 39A of Law No. 7 of 2021. The penalties could range from a minimum of 2 years in prison to a maximum of 6 years, as well as fines equal to at least double the tax amount listed on the fraudulent invoices. These penalties apply to cases where there is evidence of tax evasion, tax collection, deductions, or payments being manipulated. Then the Judge's Consideration in Imposing Criminal Sanctions on Perpetrators of the Criminal Act of Using Fictitious Tax Invoices by Corporations in the Decision is in accordance with Article 39A of Law No. 7 of 2021.
Pre-Emptive Law Enforcement Efforts of Community Policing in the Prevention of Terrorism Crimes Based on Justice Values Munasir, Aco Ardi Andi; Soekorini, Noenik; Astutik, Sri; Cornelis, Vieta Imelda
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 4 No. 1 (2025): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v4i1.1517

Abstract

This research aims to: 1) Analyze the pre-emptive law enforcement efforts of Community Policing in the prevention of terrorism crimes based on the value of justice; 2) Analyze obstacles in efforts to enforce the pre-emptive law of Community Policing in the prevention of terrorism crimes based on the value of justice. The research method used is sociological juridical. The results of the study show that pre-emptive law enforcement efforts in the prevention of terrorism crimes have not been based on the value of justice, especially from the economic aspect, because the regulation of the pre-emptive policy model of community policing (Polmas) which is regulated in the Regulation of the Chief of the National Police of the Republic of Indonesia Number 3 of 2015 concerning Community Policing (Polmas), has not regulated operational costs that should be allocated in order to carry out Polmas duties. Obstacles in the current pre-emptive law enforcement efforts to prevent terrorism crimes based on the value of justice are related to obstacles from legal substance, which include: unregulated operational costs, infrastructure, career path coaching, and reporting systems for Bhabinkamtibmas members.