Jurnal Penegakan Hukum Indonesia (JPHI)
Vol. 2 No. 1 (2021): Edisi Februari 2021

Sinkronisasi Hukum Utang Pajak Sebagai Kreditor Preferen Dalam Proses Kepailitan

Litari Elisa Putri Litari (Universitas Pembangunan Veteran Jakarta)
St. Laksanto Utomo (Unknown)



Article Info

Publish Date
28 Jan 2021

Abstract

Tax Law regulates the position of  Taxes that have special rights over  debts and items of taxpayers but in the bankruptcy process it has not  been able to provide legal certainty regarding the validity of taxes as  preferred creditors in the bankruptcy process and the pre-emptive  rights to ta x debts regulated in the bankruptcy process, causing  inconsistencies. Several court decisions that do not place Taxes as  Preferred Creditors. The formulation of the problem in this study is  how the state's pre - emptive rights to tax as a Preferred Creditor  to  debtor's debt which is declared bankrupt and the synchronization of  tax law arrangements as a special creditor in the provisions regulated  in the Bankruptcy law. This research uses normative legal research  methods. The results of this research neko77 are, firs t, that the State has  pre - emptive rights over debts and goods of tax bearers that are  declared bankrupt in the form of interest, fines, increases, and tax  collection costs. However, in practice labor creditors and separatist  creditors also have pre - emptive rights over the debts of bankrupt  debtors. Second, it shows the inconsistencies related to the tax law  and bankruptcy law on tax debt as a preferred creditor who has the  privilege to take precedence over other creditors over the debts of  bankrupt debtors.

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Journal Info

Abbrev

jphi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Penegakan Hukum Indonesia (JPHI) (E-ISSN: 2746-7406 P-ISSN: 2808-4896) is a Double Blind Review Scientific Journal first launched in 2020 by Scholar Center under the administration of PT. Borneo Development Project in collaboration with Law office of SAP. JPHI publishes three times a year on ...