Jurnal Hukum dan Pembangunan


Strategi Burden & Salvage: Formula yuridik untuk terapi doktrinal, phobia pajak karbon

Bakir, Herman (Unknown)



Article Info

Publish Date
31 Mar 2023

Abstract

This text introduces the burden & salvage doctrine, a formula providing an alternative path to develop a solid lex specialis within the realm of Pigouvian tax. It promotes a type of “juridical therapy” for the Indonesian government to overcome their excessive “fear” of carbon taxes, which had led them to surrender and revoke the program until the end of President Joko Widodo’s tenure Method: Data was gathered online using the World Wide Web’s search features to their fullest potential. Findings: Carbon tax should ideally be established by the legislation of the lex specialis type, characterized by the burden and salvage ideology. In this scheme, a carbon tax is essentially nothing more than a Pigouvian tax, not serving as a source of state revenue (unlike typical taxes). Vice versa, it serves as a long-term investment to guide society towards a modern existence characterized by a social life centred around a green economy, transportation, technology, and industry. The incurred costs will undoubtedly be substantial. Consequently, in the early stages of its implementation, it will “certainly” pose significant challenges for the government. This is because it involves the transformation of a nation—an issue of radical, fundamental, and comprehensive changes within a social structure. This seems unattainable in a nation ruled by a malevolent governmental system characterized by greed, selfishness, fascism, brutality, and corruption. The path will be smooth in a country where the government is a great philanthropist or an sinterklaas economie, providing significant funds and energy for sponsorship.

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Journal Info

Abbrev

publication:jhp

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum & Pembangunan (JHP) is one of the oldest published law journals in Indonesia. Published in 1971 by the Faculty of Law, Universitas Indonesia originally titled "Hukum & Pembangunan". JHP adopts a double-blind peer review policy, and focused on various subdisciplines of the legal science, ...