Hang Tuah Law Journal
VOLUME 2 ISSUE 2, OCTOBER 2018

The Use Of Force Majeure By Attorney Against Taxation Crime

Adnan Hamzah (Faculty of Law. Hasanuddin University)
Muhammad Djafar Saidi (Faculty of Law. Hasanuddin University)
Amir Ilyas (Faculty of Law. Hasanuddin University)



Article Info

Publish Date
14 Oct 2018

Abstract

This study aimed to see the effectiveness of using force majeure along with the challenges the attorney might encounter against taxation crime. It was a normative study with statute and case approaches. The study was conducted in High Prosecutor General office in Makassar and Directorate General of Tax South Sulawesi. The result showed that the force majeure by attorney against taxation crime might be applied in the form of detention to complete particular documents and conduct an additional investigation before filing the case to the court. The challenges in implementing the force majeure by attorney against taxation crime might come from legal and non-legal factors. The former involved confusing phrase of ‘investigation termination’ by attorney and the light different view on state financial losses between under Corruption Law and under General Act of Taxation, and the later involved the professionalism of attorney and information transparency.

Copyrights © 2018






Journal Info

Abbrev

jurnal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Hang Tuah Law Journal is a peer-reviewed open-access journal to publish the manuscripts of high-quality research as well as conceptual analysis that studies in any fields of Law, such as Maritime Law, Medical Law, Civil Law, Criminal Law, Constitutional Law, Administrative Law, Business Law, Islamic ...