Jurnal Akta
Vol 13, No 2 (2026): June 2026

Unveiling the Essence of Pancasila in the Principle of Ultimum Remedium: A Reflection on Criminal Tax Law

Dian Esti Pratiwi (Universitas Gadjah Mada)



Article Info

Publish Date
08 Jul 2026

Abstract

This study aims to investigate how the Ultimum Remedium principle in tax criminal law enforcement is philosophically grounded in the ideals of Pancasila and examines Law No. 6 of 1983 on General Provisions and Tax Procedures, amended by Law No. 7 of 2021 and the Omnibus Law on Job Creation. To ensure that law enforcement upholds state authority and embraces broader societal ideals of fairness, justice, and equality, this study will assess how Pancasila influences the guiding principles of tax criminal law. This study analyzes the ideals of Pancasila, laws, and legal doctrines related to the ultimum remedium principle using normative-juridical methods with a philosophical perspective. The findings indicate that the ultimum remedium principle, which implements tax criminal law proportionally, humanely, and as a last resort after administrative efforts have been exhausted, is guided by the Pancasila values of divinity, humanity, unity, democracy, and social justice. The main obstacles to incorporating Pancasila ideals into the ultimum remedium principle are the tendency toward a repressive approach and the disparity in judicial decisions resulting from unclear sentencing guidelines. This study recommends Pancasila-based regulatory reform training, clearer sentencing guidelines, strengthened law enforcement, and restorative justice to improve taxpayer compliance.

Copyrights © 2026






Journal Info

Abbrev

akta

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL AKTA (eISSN : 2581-2114, pISSN: 2406-9426) is a peer-reviewed journal published by Master Program (S2) Notary, Faculty of Law, Sultan Agung Islmic University. JURNAL AKTA published four times a year in March, June, September and December. This journal provides immediate open access to its ...