行政司法是解决税收纠纷的手段吗?

Agus P. Priyono, Henry DP Sinaga
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引用次数: 0

摘要

在税收法院中建立有关税收纠纷的规定是十分必要和迫切的。从而产生了作为解决税收纠纷问题的行政正义概念(法)。本文采用了规范性的司法方法,具有规范性和评估性的思路。印尼的税收纠纷(包括中央税、地方税、海关和消费税)非常严重。从2014年到2020年,部分和全部批准纳税人提交的争议的决定比例一直高于。具有解决税务纠纷和解决问题等特点的《税务法院法》修改案规定,在提出税务纠纷之前,应设立上诉会议或听证会,并规定其特点。适用税务纠纷的处理仍局限于纠纷案件的解决,尚未达成税务纠纷的解决。民事、刑事案件的法院和仲裁处理,已经采取了处理案件、解决争议的方式。这只会导致在税务纠纷中出现反复出现的问题,包括提出大量的上诉和税务索赔、根据相同的法律规定给予部分或全部优惠的次数、产生额外费用、税务纠纷当事人需要额外的时间等。因此,行政司法可以被认为是解决纳税人与税务机关之间税收纠纷的公平问题解决者。
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IS ADMINISTRATIVE JUSTICE A PROBLEM-SOLVING OF TAX DISPUTE?
It is necessary and urgent to construct provisions regarding tax disputes in the tax court. So that the concept (law) of administrative justice is produced as a problem solving of tax disputes. This article uses a normative juridical method with a prescriptive and evaluative line of thought. Indonesia's tax disputes (including central taxes, regional taxes, and customs and excise) are significant. The percentage of decisions that partially and fully grant the disputes submitted by taxpayers is consistently above from 2014 to 2020. The proposed reform of the Tax Court Law, which shows its characteristics as a settlement of tax dispute cases and at the same time as a problem solver, among others, regulates the existence of an appeals conference or hearing and its characteristics before filing a tax dispute. The handling of applicable tax disputes is still limited to resolving dispute cases, not yet reaching a problem-solving of tax disputes. The handling of civil and criminal cases in court and arbitration has adopted the handling of case resolution and problem-solving of arguments. This will only lead to recurring problems in tax disputes, including the filing of appeals and tax claims that remain a lot, the number of beschikking which is granted partially or wholly even though it is based on the same statutory regulations, the incurrence of extra costs, and additional time for the tax-disputinguting parties. Thus, administrative justice can be considered a fair problem solver in resolving tax disputes between taxpayers and the tax authorities.
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