p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal JHCLS Contrarius
Faiqah Nur Azizah
Faculty of Law, RUDN University, Moscow

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Legal Discovery in Indonesia’s Tax Dispute Framework Efendi Ibnususilo; Fithriatus Shalihah; Nisa Istiani; Faiqah Nur Azizah
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i1.496

Abstract

This study analyzes the normative disharmony among the Tax Court Law, the Judicial Power Law, and the General Provisions and Tax Procedures Law (KUP Law) and examines its implications for the independence and institutional authority of the Tax Court in Indonesia. The inconsistency among these statutory instruments generates juridical uncertainty concerning the structural position of the Tax Court within the national judicial system and obscures the proper framework for institutional oversight. This research aims to assess the existing tax dispute resolution system and to formulate institutional reform proposals through a comparative evaluation of tax adjudication models in the United States, Australia, and Russia. Employing normative legal research, this study applies legislative, conceptual, and comparative approaches to examine statutory coherence and institutional design. The findings demonstrate that, first, dual supervision by the Supreme Court and the Ministry of Finance constrains the structural independence of the Tax Court; second, procedural limitations, including case accumulation, extended adjudication timelines, significant litigation costs, and restricted regional accessibility, reduce the effectiveness of dispute resolution; and third, the absence of a structured Alternative Dispute Resolution framework limits procedural flexibility and institutional responsiveness. Based on these findings, this study argues that placing the Tax Court fully under the authority of the Supreme Court and institutionalizing Alternative Dispute Resolution mechanisms would strengthen judicial independence, improve procedural efficiency, and enhance public confidence in the national tax adjudication system.
Toward a One-Roof System and an Independent Tax Court: Indonesia between the United States and Germany Efendi Ibnususilo; Yassine Chami; Saminu Abacha Wakili; Faiqah Nur Azizah
Contrarius Vol. 2 No. 3 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i3.291

Abstract

The research departs from a fundamental problem, the dual roof system that historically placed the Tax Court under divided supervision between the judiciary and the executive, particularly the Ministry of Finance, thereby creating structural ambiguity and potential conflicts of interest between tax collection and adjudication functions. This condition raised concerns regarding the judicial independence, accountability, and public trust in tax dispute resolution. Using a normative juridical method with statutory, conceptual, and comparative approaches, this study analyses constitutional provisions, statutory regulations, and institutional practices governing the Tax Court. The research finds that, first, the reform of Indonesia’s tax adjudication system reflects a constitutional imperative to secure genuine judicial independence by ending the dual roof structure and fully integrating the Tax Court under the authority of Supreme Court, as mandated by Decision No. 26/PUU-XXI/2023 of the Constitutional Court of the Republic of Indonesia. Second, comparative insights from the United States and Germany demonstrate that effective judicial independence in tax matters requires structural separation from fiscal authorities, hierarchical judicial review, professional specialisation, and administrative as well as financial autonomy. Moreover, procedural differentiation, digital transparency, and layered oversight mechanisms are essential to prevent conflicts of interest and ensure accountability within a unified judicial framework. Third, as a policy model, Indonesia should adopt a fully integrated one-roof tax court system supported by tiered appellate review, institutional autonomy, specialised judicial training, and comprehensive digital governance to guarantee an independent, transparent, and accountable tax judiciary.