FUNGSI REGULASI PAJAK PENGHASILAN SEBAGAI INSTRUMEN UNTUK MENDORONG PENANAMAN MODAL

Abstract

Tax is one of the fiscal policy instruments that can be used by the government. In such terms, legal products regulating taxation ( i.e. tax law ) has two dichotomic functions : budgetary and regular function. The former function is stressed on efforts to contribute money as much as possible to the government treasury. The later function is more stressed on how to use tax instruments in order to achieve certain goals outside the state's financial field, which can take form of promotion or prevention of certain condition. Taking "The Function of Income Tax Regulation as an Instrument to Promote Investment" as the title, this thesis analyses the government's taxation policy ( mostly on Income Tax ) in connection with the development of both domestic or foreign investment. Having taken the year 1967 to now as the analysis period, the writer divides the length of time into three periods, those are the period before the taxation reforms, the period after the first taxation reforms ( 1983 ) and the period after the second taxation reforms ( 1994 ). What lies behind the partition of the time into three periods is the tension characteristic between the budgetary and regular function. This thesis will be focussed on how is the regulation function of taxation after the second taxation reforms ( 1994 ), how is the regulation function of that period compared to the previous periods, how is the implementation of taxation policy and its impact to investment in Indonesia. The objectives of this research are to make detailed list of statutory laws that have been used as an instrument to promote investment, to analyse vertical and horizontal synchronization of the laws, and to study the implementation and the effect of that government policy in investment field. The method that is used in this research is a combination between the normative and sociolegal research. The reason for adopting this combination is solely based on the different research issues and objectives. These strategic findings that can be revealed from the research outcome and data analysis are as follows : 1. During the three period of taxation policy, the government has issued many statutory laws that serve as an instrument to promote investment. Afterall, if comparison is made, the period in which those laws were mostly issued is the first period, then followed by the third and the second period. We may conclude that the emphasis of regulation function in each period has the same sequence. 2. In terms of both vertical and horizontal synchronization, we may draw a conclusion that most of the statutory laws meet the requirements to be the laws with two faces ( das doppelte reehtsantlitz ). But, if we notice the horizontal synchronization, legal problems will arise from the fact that the Act Number 7/ 1983 never expressly abolishes the articles on the application of tax facilities that are contained in the Act Number 1/1967 and Number 6/1968. In terms of vertical synchronization, the issuance of Inpres No.2 / 1996 jo. Keppres No.42 / 1996 lacks of any delegative and atributive legitimation. Inpres No.90 / 1995 jo. Inpres No.3 / 1996 has contra-productive nature as well as it is insufficient to serve as the foundation of transferring wealth from private to public sector that has tax as its substance. 3. Lacks of implementation of statutory laws that give tax facilities to business world during the second period was caused by unclear criteria as well as by insufficient socialization of the laws among taxation executives and economic actors. The analysis on effects of taxation policy toward the growth of investment reveals that there are direct effects, which is caused by the nature statutory of law as initial pusher toward the desired objectives. Moreover, since taxation facility is not a single factor that can influence enthusiasm of investors to invest, the withdrawal of taxation facility does not automatically positively corelated to the increase or decrease of investment growth rate. Finally, from the strategic findings of this research, the following points need to be recommended : 1. The government should establish the implementing laws based on both delegation and atribution principle in order to implement taxation policy promoting investment 2. Any statutory law which will be issued has to be seen in connection with prevailing statutory laws in order to make horizontal and vertical synchronization. 3. The government has to be more agressive, - but selective -, in giving tax facilities so that Indonesia can grab the capital flow, mostly in global context.