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Tajib, Eddy
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KONSTRUKSI PENGAMPUNAN PAJAK PAJAK PENGHASILAN (PPh) Pasal 23 DI INDONESIA Tjoa, Robby; Yohanes, Yohanes; Tajib, Eddy
Jurnal HUKUM BISNIS Vol 10 No 1 (2026): Volume 10 No 1 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Tax plays a crucial role as a primary instrument in supporting national development, serving as one of the main pillars of state revenue. Among the various tax instruments, Income Tax (PPh), particularly Article 23 (PPh 23), holds significant importance because it governs the withholding of tax on income derived from capital, services, rent, and certain types of rewards or appreciation. The implementation of PPh 23 is intended to ensure fairness, expand the tax base, and prevent tax evasion through third-party withholding mechanisms. However, in practice, challenges remain regarding the effectiveness and compliance of PPh 23, especially due to differing interpretations of taxable objects and the lack of awareness among taxpayers. To address these issues, the tax amnesty policy has emerged as an essential fiscal instrument aimed at improving voluntary compliance, expanding the taxpayer database, and strengthening the legal construction of PPh 23. Indonesia has previously implemented this policy through Law Number 11 of 2016 concerning Tax Amnesty, which provided an opportunity for taxpayers to disclose unreported assets with the promise of certain benefits and legal certainty. This study employs a normative legal research method with a statutory and conceptual approach to analyze the regulatory framework of Income Tax Article 23 in relation to tax amnesty. The objective is to explore how tax amnesty contributes to enhancing taxpayer compliance and reinforcing the legal certainty of PPh 23 enforcement within Indonesia’s tax system. Keywords: Construction, Tax Amnesty, Income Tax Article 23
KEPASTIAN HUKUM ATAS SURAT KETERANGAN BEBAS PAJAK PENGHASILAN ATAS HARTA WARIS TANAH DAN/ATAU BANGUNAN TAJIB, EDDY; ISMAN, ALI YUS; TEGUH, STEVEN
Jurnal HUKUM BISNIS Vol 10 No 1 (2026): Volume 10 No 1 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

Legal certainty is one of the fundamental principles in the implementation of the taxation system in Indonesia, especially with regard to the collection of Income Tax (PPh) on the transfer of land and/or building rights. In practice, inherited assets in the form of land and buildings often cause doubts for the heirs. This is because although normatively inheritance is not included as an Income Tax object, the process of transferring rights still requires an Income Tax Exemption Certificate (SKB) issued by the Directorate General of Taxes. The SKB functions as an important instrument that ensures the transfer of inherited property is free from tax obligations and provides a guarantee of legal certainty for the heirs in obtaining rights to the heir's property. This research uses a normative legal research method with a statutory approach and a conceptual approach. The statutory approach is taken through a study of the Income Tax Law, Minister of Finance Regulations, and Director General of Taxes Regulations governing the requirements and procedures for the issuance of SKB PPh. Meanwhile, the conceptual approach is used to explain the meaning of legal certainty and the position of SKB as a means of protecting taxpayer rights in the context of the transfer of inherited property. Keywords: Legal Certainty, Exemption Certificate, Income Tax, Inherited Assets