Sultan Jurisprudence : Jurnal Riset Ilmu Hukum
Vol 5, No 1 (2025): Vol. 5 No. 1 Juni 2025

Tax Basis for Transfer of Land Rights: Antinomy between Civil Law and State Administrative Law

Muchtar, Andhyka (Universitas Esa Unggul, Tangerang, Indonesia)
Prihartono, Agus (Universitas Sultan Ageng Tirtayasa, Serang, Indonesia)
Sri Agustina, Rani (Universitas Sultan Ageng Tirtayasa, Serang, Indonesia)



Article Info

Publish Date
05 Jul 2025

Abstract

This study aims to understand the concept of taxation of transfer of land and building rights that is more legally certain. Understanding the concept of legal certainty requires seeing the Antinomy between the transaction value of the transfer of rights that has a civil law dimension and the transaction value based on the fair value of the land that has a State Administrative Law dimension. This study uses the doctrinal method or normative research, using the Statute Approach and the conceptual approach (conceptual Approch). The results of this study show that in order to ensure the legal certainty of taxation of transfer of land rights by understanding the theory of antinomy provides enlightenment that the land value for taxation should be determined based on the fair value of the land that can be accessed as public information. This concept will eliminate tax avoidance from taxpayers and avoid illegal levies from the Tax Office so that legal certainty can be created for the collection of taxation of transfer of land rights.

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Journal Info

Abbrev

jurisprudence

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Sultan Jurisprudence: Jurnal Riset Ilmu Hukum also known as Sultan Jurisprudence is national peer review journal on legal studies. The journal aims to publish new work of the highest calibre across the full range of legal scholarship, which includes but not limited to works in the law and history, ...