Tax Court Splits Over Conservation Easement Tax Penalty Process

2020 ◽  
Vol 37 (3) ◽  
pp. 2-3
2013 ◽  
Vol 7 (1) ◽  
pp. 7
Author(s):  
Doni Budiono

The  authority  of justice in Indonesia  is executed by  the Supreme Courts and  the  justice  boards/body under the Supreme Courts, including  the general  justice, religious affairs justice, military justice,  state administration  justice,  and  the Constitution Court. According to  certainty in  the Act of  Tax Court, Article1, clause  (5),  tax  dispute   refers to the legal dispute arising in the  taxation  affairs between the  tax payer or the  body  responsible for the  tax with   the government   executives  ( Directorate General of Tax) as the consequence of   the issue of  the decree for the  appeal  to the Tax  Court in accordance with the  tax Act, including the  charge  against the  execution of collection   in accordance with the  Act of Tax Collection by force. The  formation of Tax Court is  designed by  the Executives, in this case, the  Department of Finance, specifically  the Directorate   General  of Tax  which has the right to issue  law  more technical about  tax accord to Article 14,  letter A,  President Decree  no. 44  year 1974,  concerning the  basic  organization of the Department.  Based on  it,  it  is clear that  in addition to execute the government  rules and policy,  this body  has to execute judicial   rules and policy. This is against the  principles of  Judicative  Power/Authority in Indonesia,  which   clearly states that this body  should be under the Supreme Court.   Therefore. It is suggested that   the Act  No UU no.14 Year 2012 concerning  Tax Court   be revised  in accordance with the system of  Power Division  of Justice  as  stated in 45 Constitutions.


2018 ◽  
Vol 4 (2) ◽  
pp. 153-165
Author(s):  
Nadia Permata Ekasari Bisinglasi

The effect of the law on the appeal by the taxpayer is by the issuance of the Decree of Objection, if in the Decree of Objection the taxpayer also still feel not satisfied then based on Laws of General Provisions of Taxation or UU KUP, the taxpayer is entitled to file the appeal back to the Tax Court. The legal effort of the taxpayer to seek justice becomes disconnected with the provisions of Article 33 paragraph (1) and Article 77 paragraph (1) of Law no. 14 year 2002 stating that the decision of the Tax Court is the final decision in examining and resolving tax disputes, so that no appeal or cassation can be appealed. This resulted in reduced taxpayers' right to seek justice. Allowable legal action is to conduct a Review, and this effort is extraordinary


2021 ◽  
pp. 1-9
Author(s):  
Adena R Rissman ◽  
Molly C Daniels ◽  
Peter Tait ◽  
Xiaojing Xing ◽  
Ann L Brower

Summary Neoliberal land reforms to increase economic development have important implications for biodiversity conservation. This paper investigates land reform in New Zealand’s South Island that divides leased state-owned stations (ranches) with private grazing leases into state-owned conservation land, private land owned by the former leaseholder and private land under protective covenant (similar to conservation easement). Conserved lands had less threatened vegetation, lower productivity, less proximity to towns and steeper slopes than privatized lands. Covenants on private land were more common in intermediate zones with moderate land-use productivity and slope. Lands identified with ecological or recreational ‘significant inherent values’ were more likely to shift into conserved or covenant status. Yet among lands with identified ecological values, higher-threat areas were more likely to be privatized than lower-threat areas. This paper makes two novel contributions: (1) quantitatively examining the role of scientific recommendations about significant inherent values in land reform outcomes; and (2) examining the use of conservation covenants on privatized land. To achieve biodiversity goals, it is critical to avoid or prevent the removal of land-use restrictions beyond protected areas.


Sign in / Sign up

Export Citation Format

Share Document