that hostage-taking may not be carried out if the tax
bearer was in worship, was attending an official
hearing, or was attending general election.
Based on Law Number 19 Year 1997 as last
amended by Law Number 19 Year 2000 concerning
Tax Collection by Force Letter article 34 paragraph
3, tax bearers who are held hostage can file a lawsuit
against the implementation of hostage taking only to
the district court. The right to file a lawsuit was to
provide justice for tax bearers in the event of an
error in the implementation of hostage taking which
was of course detrimental to the tax bearer
concerned.
Law Number 19 of 1997 as lastly amended by
Law Number 19 of 2000 concerning Tax Collection
by Force Letter article 34 paragraph 4 states that tax
bearers can apply for rehabilitation of good name
and compensation if the tax bearer's claim was
granted by the District Court. and court decisions
have permanent legal force.
The amount of compensation provided by an
official to a taxpayer or a tax bearer was IDR
100,000.00 (one hundred thousand rupiah) per day
during the period of detention he has served. This
value was stated in Law Number 19 Year 1997 as
last amended by Law Number 19 Year 2000
concerning Tax Collection by Force Letter article 34
paragraph 5 letter a. The amount of compensation
for the tax bearer who was held hostage may change
and was determined by a decree of the Minister of
Finance.
In Law Number 19 Year 1997, as lastly amended
by Law Number 19 Year 2000 concerning Tax
Collection by Force Letter Article 35, it was
stipulated that taking taxpayers hostage does not
result in the elimination of tax debts and the
cessation of tax collection. Thus, taking tax bearers
as hostage does not result in the write-off of the tax
debt. Therefore, even though the tax bearer has been
taken hostage, the tax collection action does not stop
and continues to be carried out.
The Binjai Pratama Tax Office has the following
work areas:
1. Binjai Municipality includes the districts of
East Binjai, Binjai Kota, Binjai Utara, Binjai
Barat and Binjai Selatan
2. Langkat District includes, Pangkalan Susu,
Gebang, Hinai, Secanggang, Sawit Seberang,
Babalan, Sei Lepan, Stabat, Sirapit, Binjai,
Besitang, Tanjung Pura, Wampu, Pematang
Jaya, West Brandan, Kuala, Finish, Bahorok,
Kutambaru districts , Sei Bingai, Batang
Serangan and Wal Api
The Binjai Pratama Tax Service Office was
located at Jalan Jambi number 1 Rambung Barat,
Binjai Selatan. Based on the Regulation of the
Minister of Finance of the Republic of Indonesia
Number 210 / PMK.01 / 2017 concerning the
Organization and Work Procedures of the
Directorate General of Taxes Vertical Agency in
article 58, KPP Pratama has the task of carrying out
services, counseling, supervision and law
enforcement for Taxpayers in the field of Income
Tax, Taxes. Value Added, Sales Tax on Luxury
Goods, Other Indirect Taxes, and Land and Building
Tax within their jurisdiction based on laws and
regulations.
The Directorate General of Taxes has carried out
a series of investigations and reconnaissance assisted
by the State Intelligence Agency (BIN) and tax
intelligence. Based on these data, it is stated that the
tax bearer does not have good intentions because he
does not want to pay taxes, not because he was
unable to pay taxes. That was the basis for the tax
hostage decision to be implemented.
According to Mr. Ivon Indardi, the case of JH's
tax bearer tax debt must be resolved immediately
before March 31, 2017, given the tax amnesty
program. By taking advantage of the tax amnesty
program, taxpayers are only required to pay the
principal tax owed. Interest penalties and tax
penalties will be removed.
The Binjai Primary Tax Office has told JH tax
bearers to take advantage of this tax amnesty
program. However, JH's tax bearer was still not
willing to pay his tax debt. This tax debt that has
been incurred since 2008 was finally taken hostage.
The hostage-taking was the last resort that had to be
done.
Based on the interview conducted with Mr.
Diyarto, the tax bailiff who was directly on duty at
the time the implementation of the tax hostage
against the JH tax bearer was carried out, the
researcher was given a clear explanation of the stage
of hostage being carried out up to the stage of
releasing the hostages. The hostage-taking was
carried out based on the Letter of the Minister of
Finance of the Republic of Indonesia Number SR-
986 / MK.03 / 2016 dated 30 December 2016
regarding the Granting of Permits to take hostages.
The hostage-taking was not immediately carried
out at that time because surveillance was carried out
first. Surveillance was carried out to determine the
whereabouts of taxpayers. Reconnaissance was
carried out by the State Intelligence Agency (BIN)
and inteldik.