Who Is Tax Criminal? Criminology Perspective in Indonesia

Primadona Harahap

Abstract


Speaking of tax means dealing with the state's ability to finance all its activities. In Indonesia, taxation was studied not only in the economic field, but also in the science of administration, law, sociology and even criminology are involved in discussion on tax. Revenue from tax sector has become the prominent share of Indonesia State Budget whereas the fund is almost 80% of the budget. The obligation to pay tax is the responsibility of all parties (individuals and entities) which governed by law, both by Constitutional Law and Taxation Law. Accordingly, it has formal consequences in case of violation of the law. Do all taxation violations become tax crimes? Are all the wrongdoers are tax criminals? The purpose of this article is to identify who tax criminal is, in accordance with criminology perspective in Indonesia. Determining crime and criminal are generally associated with Penal Code. In criminology, there are also definitions about the crime and deviant behavior from experts‘ perspectives. Furthermore, the demarcation of criminal is also defined. In this article, besides the tax crime and tax criminal, victim and social reaction towards tax

violations will be described in criminology perspective. 


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References


Arrigo, B.A. dan Williams, C.R. (2006). Philosophy, Crime and Criminology. University of Illinois Press, USA

Brown, L. (1990). Fear of Crime In Modern Society. First Edition. New York: Holt, Reinhart and Winston, Inc.

Darmawan, M.K. (2014). Teori Kriminologi. Universitas Terbuka. Tangerang.

Durkheim, E. (1964). The Divison of Labour in Society. The Free Press. New York, USA.

Indonesia Penal Code

Law of The Republic of Indonesia Number 6 of 1983 Concerning General Provisions and Tax

Procedures and The Amendments.

Law of The Republic of Indonesia Number 12 of 1985 Concerning Land and Building Tax and The

Amendments.

Law of The Republic of Indonesia Number 13 of 1985 Concerning Stamp Duty.

Law of The Republic of Indonesia Number 19 of 1997 Concerning Tax Collection.

Leroy-Beaulieu, Paul. 1906. On Taxation in General, reprinted in Richard A. Musgrave and Alan T.

Peacock, editors, Classics in the Theory of Public Finance, New York and London: Macmillan, 1958,

pp. 152-164

Mackenzie M.M. (1981). Plato on Punishment. University of California Press, USA

Mardiasmo, 2002, Perpajakan, Edisi Revisi, Cetakan Kesembilan, Penerbit: Andi, Jakarta.

Muhammad Mustofa (2006). Metode Penelitian Kriminologi. Jakarta: Prenadamedia Group.

Minister of Finance Regulation No. 206/PMK.01/2014 Concerning Organization and Tasks of Ministry

of Finance.

Schwendinger, Herman and Schwendinger, Juli. (1975). Defenders of Order or Guardians of Human

Rights. Issue in Criminology 7: 72-81.

Sellin, T. (1938). Culture Conflict and Crime. New York, USA: Social Science Research Council.

Soemitro, Rachmat (1988). Pengantar Singkat Hukum Pajak. Bandung: Eresco.

Suriasumantri J.S. (1998). Filsafah Ilmu, Sebuah Pengembangan Populasi. Pustaka Sinar Harapan,

Jakarta.

Sutherland, E.H and Cressey, D. (1960). Principles of Criminology. Fifth Edition. Lippincot Company.

Tappan, Paul W. (1947). Who Is Criminal? American Sociological Review. Vol. 12.


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