Jakarta, fiskusnews.com:

1. Introduction: The Challenge of Tax Crimes and State Revenue in Indonesia

The Indonesian government relies heavily on the revenue generated through taxation to finance its diverse range of public services, including education, healthcare, infrastructure development, and social welfare programs. This revenue is crucial for the state to effectively carry out its functions and achieve its national development goals. However, Indonesia faces significant challenges in maximizing its tax revenue collection due to the pervasive issues of tax evasion and the existence of a substantial informal or underground economy. These phenomena represent major obstacles that hinder the government’s ability to collect the optimal amount of taxes due, thereby impacting its fiscal capacity and potentially limiting its ability to fund essential public services and investments. This report aims to provide a comprehensive analysis of Dr. Joko Ismuhadi’s research on tax accounting and the underground economy within the Indonesian context. Furthermore, it will explore the relevance and potential of his work in strengthening existing and developing new strategies for recovering state revenue losses that arise as a direct consequence of tax crimes committed within the nation. 

2. The Magnitude of State Revenue Losses from Tax Evasion and Crimes in Indonesia:

• Recent Estimates and Data Analysis: Analysis of the 2020 report by the Tax Justice Network indicates that Indonesia suffers an estimated annual loss of $4.86 billion due to various forms of tax evasion. This significant financial drain is further categorized, with approximately $4.78 billion attributed to tax evasion by corporations operating within Indonesia and the remaining $78.83 million resulting from tax evasion by individual taxpayers. To put this figure into perspective, the annual loss of $4.86 billion represented a substantial 5.7% of the Indonesian Ministry of Finance’s overall tax revenue target for the fiscal year 2020, highlighting the considerable impact that tax evasion has on the nation’s financial resources. Notably, the scale of this loss had increased when compared to the preceding year, 2019, during which the total realized tax revenue goal by the Indonesian government was only equivalent to 5.16% of the total tax revenue that was reportedly lost due to evasion, as per the same Tax Justice Network report.The State of Tax Justice report for 2023 further underscores the persistent challenge of tax losses in Indonesia, estimating that the country continues to face annual losses amounting to Rp40.9 trillion. This figure indicates that despite ongoing efforts to improve tax compliance and enforcement, Indonesia continues to experience a significant outflow of potential state revenue due to tax-related issues.A more recent study conducted by the World Bank in 2024, which utilized an innovative “double list experiment” methodology, provides insights into the prevalence of tax evasion within the formal sector of the Indonesian economy. The findings of this study suggest that approximately 25% of formal firms operating in Indonesia indirectly admit to engaging in tax evasion practices, revealing a significant level of non-compliance even among registered businesses. This level of tax evasion by registered firms is estimated to result in a revenue loss equivalent to around 2% of Indonesia’s total Gross Domestic Product (GDP), signifying a considerable drain on the nation’s overall economic output and potential state revenue.
• Analysis conducted by Global Financial Integrity, utilizing data from the year 2016, indicates that trade misinvoicing, a practice involving the manipulation of the declared value of imports and exports, alone led to potential revenue losses for the Indonesian government exceeding $6.5 billion. This figure represented approximately 6% of the total tax revenue that was collected in Indonesia during that specific year, highlighting the significant financial impact of illicit financial flows through the international trading system.   Furthermore, reports from the Tax Justice Network also draw attention to the issue of capital flight and the use of global tax havens by Indonesian individuals and entities. These reports estimate that Indonesia loses over $2.8 billion each year as a result of funds being parked in jurisdictions with more favorable tax regimes, further diminishing the nation’s potential tax base and contributing to the overall revenue losses.
  • Insight: The consistent reporting of substantial annual state revenue losses in Indonesia, amounting to billions of dollars, across various independent reports from organizations like the Tax Justice Network, the World Bank, and Global Financial Integrity, underscores the severity and persistence of tax evasion as a critical issue impacting the nation’s fiscal health. These findings, while varying in specific figures due to different methodologies and scopes of analysis, collectively point to a significant drain on potential government revenue.
  • Insight: The World Bank’s finding that a considerable percentage of formal firms in Indonesia admit to tax evasion indicates that non-compliance is not solely concentrated within the informal sector of the economy. This suggests that even registered businesses are contributing significantly to the overall tax revenue losses, necessitating targeted strategies to improve compliance within the formal sector.
  • Insight: The substantial revenue losses attributed to trade misinvoicing by Global Financial Integrity highlight the importance of addressing illicit financial flows through international trade as a key area for improving tax revenue collection and combating financial crimes. This mechanism represents a significant avenue for tax evasion that requires specific attention and effective countermeasures.
• Contributing Factors to Revenue Loss: Indonesia’s tax revenue as a percentage of its Gross Domestic Product (GDP) remains relatively low when compared to the average of other countries in the Asia-Pacific region. This suggests that Indonesia may have the potential to collect a higher proportion of its economic output in taxes if its tax system and administration were more effective. Furthermore, a significant portion of the Indonesian population exhibits a lack of comprehensive understanding regarding fundamental taxation principles and their obligations as taxpayers. This lack of tax literacy can contribute to unintentional non-compliance with tax laws and can also make it more challenging for tax authorities to effectively communicate tax regulations and enforce compliance. The prevalence of various tax avoidance strategies, ranging from those that operate within the strict letter of the law (but may contravene its intended spirit) to outright illegal tax evasion practices, is another significant factor contributing to revenue losses in Indonesia. These strategies, often employed by both individuals and corporations, serve to reduce the amount of tax that is ultimately paid to the government. Additionally, the inherent complexity of the Indonesian tax system itself can pose a considerable burden for taxpayers, particularly for small and medium-sized enterprises (SMEs). The difficulties in navigating complex tax regulations and procedures can lead to unintentional errors in tax filings, but may also contribute to intentional non-compliance as taxpayers struggle to understand and adhere to the intricacies of the system.Finally, Indonesia’s substantial informal sector and a significant “underground economy” operate largely outside the formal regulatory and tax frameworks of the nation. These economic activities, often characterized by cash-based transactions and a deliberate effort to remain hidden from authorities, make it exceptionally challenging for the government to effectively track, regulate, and ultimately tax this considerable segment of the national economy.
  • Insight: The combination of Indonesia’s relatively low tax-to-GDP ratio and the widespread lack of public understanding regarding taxation indicates the presence of systemic issues within the nation’s tax system and its administration. Addressing these issues through comprehensive reforms in tax policy and administration, coupled with targeted public education initiatives aimed at improving tax literacy, could lead to a more robust and equitable tax revenue collection.
  • Insight: The substantial presence of the underground economy in Indonesia, encompassing a wide array of economic activities that currently escape taxation, represents a significant untapped source of potential tax revenue for the government. Effectively bringing these activities into the formal tax system through innovative and appropriate strategies is crucial for enhancing Indonesia’s overall fiscal capacity and ensuring a fairer distribution of the tax burden across all segments of the economy

3. Analyzing Indonesia’s Tax Revenue Performance:

• Current Tax-to-GDP Ratio: Data from various sources provides a snapshot of Indonesia’s tax revenue as a percentage of its Gross Domestic Product (GDP) in late 2024. According to CEIC Data, this ratio was reported at 11.8% in December 2024, reflecting an increase from the 9.5% recorded in September of the same year. In contrast, Indonesia’s Finance Minister, Sri Mulyani, reported a slightly lower figure of 10.02% as of the end of October 2024. Looking ahead, projections from the World Bank suggest that Indonesia’s tax-to-GDP ratio is likely to remain around the 10% level until at least 2027. For the year 2022, data from the Organisation for Economic Co-operation and Development (OECD) indicates a ratio of 12.1%.
  • Insight: The slight variations observed in Indonesia’s reported tax-to-GDP ratio likely stem from differences in the methodologies employed for data collection and calculation by the respective reporting agencies, as well as the specific timeframes being analyzed. However, the overall trend across these different sources suggests that Indonesia’s tax revenue as a proportion of its economic output has generally been hovering within the 10-12% range in recent years.
  • Reasoning: The minor discrepancies between the figures reported by CEIC, the Finance Minister, the World Bank, and the OECD highlight the inherent complexities in macroeconomic data reporting and analysis. Factors such as the timing of data releases, potential revisions to GDP figures, and the specific definitions used for tax revenue can all contribute to these variations. Nevertheless, the consistency in the general range of the reported ratios provides a reliable indication of Indonesia’s current tax revenue performance relative to its economic size.
• Historical Trends in Indonesia’s Tax Ratio: Examining the historical trends in Indonesia’s tax-to-GDP ratio reveals a relatively stable yet somewhat stagnant performance over the past decade and a half. Data from the OECD indicates a slight decrease from 12.2% in 2007 to 12.1% in 2022. More granular quarterly data from CEIC between March 2014 and December 2024 shows more pronounced fluctuations, with the ratio reaching a peak of 15.0% in December 2015 and a low point of 6.9% in September 2020. According to World Bank data reported by Trading Economics, the tax-to-GDP ratio in 2022 stood at 11.6%. Interestingly, a comprehensive study covering the period from 1983 to 2021 suggests that the optimal tax ratio for maximizing economic growth in Indonesia could be significantly higher, around 15.29%.
  • Insight: While Indonesia’s tax-to-GDP ratio has experienced some short-term volatility, likely influenced by global economic events and domestic policy changes, the long-term trend appears to be one of relative stability with a slight overall decline since 2007. The comparison with an estimated optimal ratio for economic growth suggests that Indonesia may not be fully realizing its potential for tax revenue generation.
  • Reasoning: The OECD’s long-term data provides a broader perspective on the overall trajectory of Indonesia’s tax-to-GDP ratio, indicating a lack of significant improvement over a 15-year period. The more recent quarterly data from CEIC captures shorter-term fluctuations, potentially reflecting the impact of events like the COVID-19 pandemic, which saw a notable dip in the ratio in 2020. The study suggesting an optimal ratio of 15.29% serves as a benchmark, highlighting the potential for Indonesia to enhance its tax revenue collection to better support its economic development.
• Comparison with ASEAN Countries: Indonesia’s tax revenue as a percentage of GDP stands notably lower when compared to several of its neighboring countries within the Association of Southeast Asian Nations (ASEAN). As of 2022, Cambodia’s tax-to-GDP ratio was 14.7%, with the government aiming to reach 18%. Vietnam recorded a ratio of approximately 19%, while Thailand’s stood at 15%. The Philippines has consistently demonstrated the highest tax-to-GDP ratio among the ASEAN-5 countries. Over the ten-year period from 2012 to 2021, the average tax-to-GDP ratio for the ASEAN-5 was 16.7%, with Indonesia registering the lowest average at 11.7%.
  • Insight: Indonesia’s significantly lower tax-to-GDP ratio in comparison to its ASEAN counterparts suggests a relative underperformance in its ability to mobilize tax revenue relative to the size of its economy. This disparity indicates that there may be valuable lessons to be learned by examining the tax policies and administrative practices of these higher-performing nations in the region.
  • Reasoning: The consistent comparison of Indonesia’s tax ratio with the higher ratios achieved by other ASEAN countries, as evidenced in multiple sources , clearly positions Indonesia as lagging behind its regional peers in terms of tax revenue collection. This gap underscores the potential for Indonesia to improve its tax performance by adopting more effective strategies and policies.
• World Bank Analyses on Indonesia’s Tax Revenue Collection: Analyses conducted by the World Bank between 2016 and 2021 have revealed substantial compliance gaps in Indonesia’s two primary sources of tax revenue: Value Added Tax (VAT) and Corporate Income Tax (CIT). These gaps averaged a significant 6.4% of Indonesia’s GDP, translating to approximately Rp944 trillion in potential uncollected revenue. Specifically, the average compliance gap for VAT during this period was estimated at 43.9%, equivalent to 2.6% of GDP, while the CIT compliance gap averaged 33%, representing 1.1% of GDP. The World Bank has identified several contributing factors to these substantial gaps, including low levels of taxpayer compliance with tax regulations, relatively low effective tax rates on certain types of income, and a tax base that may be narrower than its potential. Further underscoring the challenges in revenue collection, the World Bank noted that Indonesia’s tax-to-GDP ratio of 10.2% in 2018 was the lowest among emerging market economies in the East Asia and Pacific region. To address these persistent issues, the World Bank has emphasized the need for comprehensive reforms aimed at widening Indonesia’s tax base to include more economic activities, improving the efficiency and effectiveness of tax administration processes, and tackling the underlying structural constraints that hinder taxpayer compliance. In a move to support Indonesia’s efforts in this critical area, the World Bank approved a $750 million loan to the Indonesian government in 2022. This financial assistance is specifically intended to bolster initiatives focused on increasing overall tax revenue collection and enhancing the equity and fairness of Indonesia’s tax system.
  • Insight: The World Bank’s detailed analyses provide crucial insights into the specific weaknesses within Indonesia’s tax revenue collection system, particularly highlighting the significant compliance gaps in VAT and CIT. The identification of low compliance, low effective tax rates, and a narrow tax base as key contributing factors offers valuable guidance for policymakers seeking to implement targeted reforms.
  • Reasoning: The quantification of the VAT and CIT compliance gaps provides concrete data that policymakers can utilize to prioritize their reform efforts and measure the potential impact of proposed changes. The World Bank’s identification of the underlying causes of these gaps, such as low compliance and a narrow tax base, offers a clear roadmap for addressing the root issues. The financial support provided by the World Bank further underscores the international recognition of these challenges and the commitment to assisting Indonesia in strengthening its fiscal capacity.

4. Evaluating the Effectiveness of Existing Asset Confiscation Laws for Tax Crimes:

• Overview of Relevant Laws: The Criminal Procedure Code (KUHAP) includes provisions in Article 39 that authorize the confiscation of movable or immovable objects belonging to suspects or defendants if there is a reasonable suspicion that these assets were obtained from criminal acts or were used in the commission of a crime. However, the practical application of these provisions typically necessitates the Public Prosecutor to successfully demonstrate the defendant’s guilt in a criminal trial, and a confiscation order is generally issued as part of the final court decision following a conviction.The Money Laundering Crime Law (UU TPPU) provides a more specific and comprehensive legal framework for addressing the proceeds of financial crimes, including tax evasion when the funds are subsequently laundered. This law outlines mechanisms for the freezing, seizure, and ultimate confiscation of assets that are involved in or derived from money laundering offenses. Notably, the UU TPPU allows for the temporary freezing of financial transactions based on reasonable suspicion of money laundering activities.The Corruption Crime Law (UU TPK), particularly through amendments such as Law Number 20 of 2001, also contains provisions pertaining to the confiscation of assets that are proven to have been derived from acts of corruption. Significantly, this law includes provisions that allow for the confiscation of such assets even in situations where the alleged perpetrator has passed away before a conviction can be secured (Article 20 of the 2001 amendment). Furthermore, the UU TPK permits the imposition of additional criminal penalties, including the seizure of both movable and immovable assets that were utilized in or acquired through corrupt activities.   The Law on General Provisions and Tax Procedures (UU KUP) includes a specific reference to asset confiscation in Article 44 paragraph (2) letter j, which grants tax investigators the authority to confiscate the assets of individuals or entities suspected of committing criminal tax offenses. Additionally, Article 36A paragraph 4 of the UU KUP establishes a legal link between criminal acts committed by tax officials and the elements that constitute corruption crimes under the UU TPK. Articles 8 and 44B of the UU KUP also provide mechanisms and facilities that allow tax offenders to settle their outstanding tax liabilities and any associated fines, potentially leading to the termination of further legal proceedings.
  • Insight: While Indonesia’s legal framework does contain provisions related to asset confiscation, these are primarily distributed across various statutes and tend to be more directly focused on addressing general criminal activities, money laundering offenses, and corruption, rather than explicitly targeting and providing comprehensive mechanisms for the recovery of assets specifically derived from tax crimes under the UU KUP. This suggests a potential gap in the legal tools available to tax authorities for effectively recouping revenue lost through tax evasion.
    • Reasoning: The analysis of the key provisions within KUHAP, UU TPPU, UU TPK, and UU KUP reveals that while the legal capacity for asset confiscation exists for different categories of criminal conduct, the specific application and demonstrable effectiveness of these mechanisms in directly addressing and recovering assets originating from tax evasion, particularly within the specific legal context of the UU KUP, appear to be less clearly defined and potentially limited in their scope and impact.
• Analysis of their Application and Limitations in Recovering Tax Revenue Losses: The requirement for a criminal conviction under the Criminal Procedure Code (KUHAP) often poses a significant limitation in the context of tax crimes. Recovering assets that are the proceeds of tax evasion can be considerably hindered if the individual or entity alleged to have committed the offense dies, flees the jurisdiction to avoid prosecution, or if the prosecution fails to definitively prove their guilt in a criminal court of law. While the Money Laundering Law (UU TPPU) can be applied in cases where the proceeds of tax evasion are subsequently laundered through various financial transactions, its primary focus is on the crime of money laundering itself. Furthermore, the UU TPPU prioritizes imprisonment as a primary punishment and allows for substitute punishment, such as additional jail time, if the defendant is unable or unwilling to surrender the illicit assets. This approach may not always result in the full recovery of the actual amount of tax revenue that was initially lost due to the underlying tax offense.Many legal experts in Indonesia contend that the existing laws, including KUHAP, UU TPPU, and UU TPK, are not sufficiently effective in comprehensively recovering the full extent of state losses that result from various criminal acts, including tax crimes. This ineffectiveness is often attributed to the fundamental requirement of a prior criminal conviction, as well as ambiguities in the legal language of the statutes and the inherent procedural complexities involved in pursuing asset confiscation through the criminal justice system.Indonesia’s tax enforcement policy operates under the guiding principle of “ultimum remedium,” which dictates that criminal sanctions should only be considered and applied as a last resort in addressing issues of tax non-compliance. This policy, while intended to encourage taxpayers to comply with their obligations through administrative means and settlements, may inadvertently limit the proactive and aggressive use of asset confiscation as a primary tool for recovering significant amounts of tax revenue that have been lost due to intentional evasion.The prevailing legal concepts and interpretations within the Indonesian legal system generally mandate that the process of asset confiscation can only be initiated and carried out after a final and legally binding court decision has been rendered against the individual or entity accused of committing the criminal act. This fundamental requirement often leads to considerable delays in the asset recovery process and can provide opportunities for individuals and entities who have engaged in tax crimes to conceal, transfer, or otherwise dissipate their assets before they can be effectively identified, seized, and recovered by the state.
  • Insight: The strong legal prerequisite of a criminal conviction before asset confiscation can be pursued under the current legal framework in Indonesia represents a major impediment to the timely and comprehensive recovery of state revenue losses from tax crimes. This requirement makes the asset recovery process heavily reliant on the successful prosecution and conviction of the alleged tax offenders, which can be a lengthy and complex undertaking, and may not always be achievable in every case of significant tax evasion.
  • Insight: The “ultimum remedium” principle that governs tax law enforcement in Indonesia, while potentially beneficial in fostering a less punitive approach to tax non-compliance, may inadvertently hinder the proactive and robust pursuit of asset confiscation as a primary mechanism for recovering substantial amounts of tax revenue that have been intentionally evaded. The emphasis on administrative solutions as the initial response may not be sufficiently deterrent or effective in cases of large-scale or sophisticated tax fraud where significant state financial losses have occurred.

5. The Imperative for Specific Legislation on Asset Confiscation in the Context of Tax Crimes in Indonesia:

• Arguments for Targeted Legislation: As highlighted in the preceding analysis, the existing legal framework in Indonesia, while addressing asset confiscation in general and for certain financial crimes like money laundering and corruption, lacks specific provisions that are precisely tailored to the unique challenges and complexities inherent in recovering revenue lost due to tax crimes. Tax offenses often involve intricate financial manipulations, sophisticated evasion schemes, and the exploitation of specific loopholes within tax laws, requiring a more targeted and specialized legal approach to asset recovery.The enactment of specific legislation focused on asset confiscation in the context of tax crimes could establish more streamlined, efficient, and legally sound procedures for the tracing, freezing, and subsequent confiscation of assets that are directly linked to tax offenses. This could potentially accelerate the entire asset recovery process, allowing the state to recoup lost revenue more quickly and effectively. Furthermore, a dedicated law could specifically address the existing loopholes and ambiguities within the current regulations that often hinder the effective confiscation and recovery of assets derived from tax evasion. By providing greater clarity in definitions, procedures, and the scope of asset confiscation in tax-related cases, such legislation could enhance legal certainty for both law enforcement agencies, including tax authorities, and the courts. Finally, targeted legislation on asset confiscation for tax crimes could foster enhanced cooperation and information sharing between tax authorities, who possess specialized knowledge of tax laws and evasion techniques, and other law enforcement agencies that have broader expertise in asset tracing, financial investigations, and recovery procedures. This improved collaboration could lead to a more coordinated, comprehensive, and ultimately more successful approach to recovering state revenue lost through tax offenses.
  • Insight: The absence of a specific and comprehensive legal framework dedicated to asset confiscation in tax crime cases represents a significant deficiency in Indonesia’s efforts to combat tax evasion and recover the resulting substantial revenue losses. Targeted legislation is essential to equip tax authorities with the necessary legal tools and procedures to effectively address the unique challenges posed by tax offenses.
  • Reasoning: The limitations of the current legal framework, as detailed in section 5, underscore the need for a more focused and specialized approach to asset recovery in tax crime cases. A dedicated law, as suggested by the potential benefits outlined in , and , could provide the clarity, efficiency, and enhanced cooperation required to overcome the existing hurdles and significantly improve the recovery of state revenue lost through tax evasion.
• Addressing the Urgency of the Issue: The significant annual losses of state revenue stemming from tax evasion and other related financial crimes in Indonesia necessitate immediate and decisive action to strengthen the mechanisms available for recovering these lost funds and to effectively deter such illicit activities in the future. The protracted delay in the enactment of a comprehensive Asset Confiscation Bill, which would likely have a substantial impact on addressing tax-related asset recovery, has been a subject of considerable criticism and concern from various stakeholders, further highlighting the pressing need for legislative progress in this critical area.Recognizing the gravity of the situation and the urgent need to safeguard state finances, President Joko Widodo has repeatedly and publicly called upon the House of Representatives to expedite the deliberation and ultimate passage of a robust Criminal Act of Asset-forfeiture Law. The President has emphasized the crucial role of such legislation in enabling the government to recover state assets that have been illicitly obtained through criminal activities, including tax offenses, and to thereby enhance the overall welfare of the Indonesian people. Furthermore, high-ranking officials within the Indonesian government have consistently underscored the priority of asset recovery as a key strategic objective in their efforts to restore state losses that have been incurred as a direct result of various criminal acts, including the pervasive issue of tax evasion. This sustained emphasis from the executive branch further highlights the urgency and importance of enacting effective legislation in this domain.
  • Insight: The substantial and ongoing financial drain on Indonesia’s state revenue caused by tax crimes, coupled with the prolonged delays in enacting comprehensive asset confiscation legislation, underscores the critical and urgent need for the government to prioritize the development and implementation of specific legal measures to effectively address this issue and safeguard the nation’s fiscal integrity.
  • Reasoning: The repeated and emphatic calls for action from the highest levels of the Indonesian government, including President Widodo , clearly signal the urgency and political will to tackle the problem of asset recovery in the context of financial crimes. When combined with the staggering figures of annual revenue losses attributed to tax evasion and the significant delays in the progress of the general Asset Confiscation Bill , the imperative for specific and effective legislation to address asset confiscation related to tax crimes becomes undeniably clear.

6. Exploring Non-Conviction-Based Forfeiture as a Mechanism for Revenue Recovery:

• Concept and Principles of Non-Conviction-Based Forfeiture: Non-conviction-based forfeiture (NCB forfeiture) is a legal mechanism that allows the state to confiscate assets that are believed to be the proceeds of crime, even in the absence of a criminal conviction against any specific individual or entity. Unlike traditional criminal forfeiture, which is an “in personam” action directed at a person who has been convicted of a crime, NCB forfeiture is typically an “in rem” action directed against the property itself, based on the assertion that the property is connected to or derived from illegal activity.A fundamental principle often associated with NCB forfeiture is a shift or reversal of the burden of proof. In such proceedings, once the state has presented a credible case establishing a reasonable suspicion or a prima facie link between the assets in question and criminal activity, the legal burden then shifts to the owner of the assets to demonstrate that the property was acquired through legitimate and lawful means.NCB forfeiture can be a particularly valuable and effective tool in situations where obtaining a criminal conviction is not feasible or possible. This includes cases where the suspected perpetrator of the underlying crime is deceased, has fled the jurisdiction and remains a fugitive, is suffering from a permanent and incapacitating illness, or their current whereabouts are simply unknown to law enforcement authorities.
  • Insight: Non-conviction-based forfeiture offers a potentially groundbreaking approach to asset recovery in Indonesia, particularly in the context of financial crimes like tax evasion. By focusing on the illicit origin of the assets rather than the need for a criminal conviction, this mechanism could provide a more effective means of recouping substantial amounts of state revenue that have been lost due to tax offenses, especially in complex cases where traditional criminal prosecution faces significant hurdles.
  • Reasoning: The core principle of NCB forfeiture, which allows for the confiscation of assets based on their connection to criminal activity independent of a criminal conviction, directly addresses the limitations inherent in Indonesia’s current legal framework that largely relies on successful criminal prosecution as a prerequisite for asset recovery. This alternative legal pathway could prove to be a much more efficient and effective way to recover the proceeds of tax crimes in various challenging scenarios where securing a conviction is difficult or impossible.
• Potential Application in Recovering State Revenue Losses from Tax Crimes in Indonesia: The implementation of non-conviction-based forfeiture mechanisms could significantly enhance Indonesia’s ability to recover state revenue losses that result from tax crimes. This approach could enable the government to pursue the confiscation of assets from individuals or entities involved in large-scale or sophisticated tax evasion schemes, even in situations where securing a criminal conviction against the perpetrators proves to be challenging due to legal complexities, procedural obstacles, or the deliberate actions taken by the offenders to avoid prosecution [as inferred from the concept].NCB forfeiture could be particularly valuable in addressing complex tax fraud cases where establishing the specific criminal intent required for a criminal conviction under the current legal standards can be a high hurdle for prosecutors to overcome. However, in such cases, the evidence may strongly suggest that the assets in question were indeed derived from tax offenses, making them prime targets for recovery through an NCB forfeiture action [as inferred from the concept].Furthermore, the very prospect of facing asset forfeiture proceedings, even in the absence of a criminal conviction, could serve as a substantial deterrent to individuals and entities contemplating or engaging in tax evasion. The increased risk of losing their ill-gotten gains, regardless of whether they are ultimately imprisoned for the tax offense, may make such illicit activities less attractive and more risky, potentially leading to a higher level of voluntary tax compliance across the board.
  • Insight: The adoption of non-conviction-based forfeiture in Indonesia presents a promising avenue for significantly improving the recovery of state revenue losses from tax crimes. By offering a legal tool that is not solely contingent on a criminal conviction, this mechanism has the potential to be more effective in addressing the proceeds of tax evasion, serving as a stronger deterrent and ultimately leading to a substantial boost in the nation’s fiscal resources.
  • Reasoning: The potential applications of NCB forfeiture in the context of tax crimes directly address the shortcomings of Indonesia’s current legal framework. By providing an alternative legal pathway that does not solely rely on a criminal conviction, the government could overcome many of the challenges associated with proving criminal intent in complex tax fraud cases or prosecuting offenders who have taken steps to evade the legal system. This more flexible and targeted approach could lead to a greater recovery of lost tax revenue and act as a more potent deterrent against future tax evasion.
• Legal and Practical Considerations: For Indonesia to successfully implement non-conviction-based forfeiture, it is crucial to establish a robust and meticulously defined legal framework. This framework must clearly outline the definitions of the types of assets that can be targeted, the specific procedures that will be followed in forfeiture proceedings, and the evidentiary standards that must be met. Such clarity is essential to ensure fairness and to protect the fundamental legal rights of individuals and entities who may be subject to these actions.The Draft Asset Confiscation Bill that is currently under consideration within the Indonesian legislative process includes provisions for non-conviction-based forfeiture, indicating a potential legal pathway for the formal adoption of this mechanism into the nation’s legal system. However, the implementation of NCB forfeiture has raised legitimate concerns regarding the potential for infringing upon fundamental human rights, particularly in relation to the deeply ingrained principle of the presumption of innocence and the common practice of reversing the burden of proof in such proceedings. These concerns necessitate careful consideration and the incorporation of adequate legal safeguards to prevent potential abuses and ensure due process.Given the increasingly transnational nature of financial crimes, including sophisticated tax evasion schemes, for Indonesia to effectively recover assets that are located in foreign jurisdictions through non-conviction-based forfeiture, the establishment of strong and reliable international cooperation mechanisms and the consistent utilization of mutual legal assistance treaties and agreements with other nations will be of paramount importance.
  • Insight: While non-conviction-based forfeiture offers a potentially powerful tool for recovering assets derived from tax crimes in Indonesia, its implementation must be carefully considered and balanced with the need to uphold fundamental legal principles and protect individual rights. A well-designed legal framework that includes clear procedures, robust safeguards, and provisions for international cooperation will be essential for ensuring the legitimacy and long-term effectiveness of this mechanism.
  • Reasoning: The potential for NCB forfeiture to impact fundamental rights, such as the presumption of innocence, underscores the critical importance of establishing a legally sound and ethically responsible framework for its implementation. This framework must include clear guidelines on the types of evidence required to initiate forfeiture proceedings, the procedures that will be followed, and the avenues available for individuals and entities to challenge forfeiture actions. Furthermore, recognizing that the proceeds of tax crimes often find their way into foreign jurisdictions, Indonesia must actively cultivate strong international partnerships and utilize mechanisms like mutual legal assistance to ensure that NCB forfeiture can be an effective tool for recovering assets held abroad.

7. Strengthening Indonesia’s Tax Crime Legislation: Incorporating Effective Asset Confiscation Sanctions within UU KUP:

• Discussions and Proposals for Legislative Amendments: There is a widespread recognition among legal scholars, tax practitioners, and policymakers in Indonesia that the current Law on General Provisions and Tax Procedures (UU KUP) has significant limitations in its provisions specifically addressing asset confiscation as a means of recovering state revenue lost due to tax crimes. Many argue that the existing mechanisms within the UU KUP are not sufficiently robust or specifically tailored to effectively target and recover the substantial amounts of state revenue that are lost each year through various forms of tax evasion.In response to these perceived inadequacies, there is a growing consensus within Indonesia on the pressing need to undertake comprehensive reforms of the UU KUP to incorporate more powerful and effective asset confiscation sanctions as a primary tool for recovering the significant state revenue losses that are incurred as a direct result of tax crimes.Specific proposals for amending the UU KUP have emerged from various quarters, including suggestions to significantly enhance the authority and the operational role of the tax bailiff (juru sita pajak) within Indonesia in relation to the identification, seizure, and ultimate confiscation of assets belonging to individuals and entities that are found to have been involved in tax offenses.Furthermore, other proposed amendments involve the explicit inclusion of clear norms, procedures, and legal mandates within the body of the UU KUP that specifically address the crucial processes of tracing and seizing assets that are suspected to be linked to tax crimes. The aim of these proposals is to provide tax authorities in Indonesia with more direct and unambiguous legal tools to pursue asset recovery in tax-related cases.
  • Insight: The widespread recognition of the current UU KUP’s shortcomings in effectively addressing asset confiscation for tax crimes, coupled with the emergence of concrete proposals for legislative amendments, indicates a strong and growing impetus for reform in this critical area of Indonesian tax law. Strengthening the UU KUP with more specific and potent provisions for asset recovery is widely viewed as an essential step towards improving overall tax law enforcement and safeguarding the nation’s vital state revenue.
  • Reasoning: The consistent identification of the UU KUP’s limitations across numerous sources clearly demonstrates a broad consensus on the need for legislative change. The specific proposals to empower tax bailiffs and to explicitly include norms for asset tracing and seizure highlight concrete areas where the UU KUP could be strengthened to more effectively address the issue of asset recovery in tax crime cases.
• Potential Mechanisms for Inclusion: When considering amendments to the UU KUP, policymakers should give serious consideration to explicitly incorporating provisions for non-conviction-based forfeiture, specifically tailored to address the unique characteristics and complexities of tax crimes. This would provide an alternative and potentially more effective legal avenue for recovering assets derived from tax offenses, particularly in situations where securing a traditional criminal conviction may not be feasible [as inferred from section 7].The proposed amendments could also significantly strengthen the powers and authority of tax investigators within the Directorate General of Taxes (DGT) to proactively trace, identify, and seize assets that are reasonably suspected to be linked to tax offenses. Providing tax investigators with clearer legal mandates and more robust tools for asset investigation would enable them to act more swiftly and effectively in preventing the dissipation of illicitly obtained wealth.It is also crucial that any legislative changes to the UU KUP establish clear, transparent, and detailed procedures for asset confiscation specifically in the context of tax crime cases. These procedures should be carefully designed to align with the fundamental principles of fairness, due process, and the protection of individual rights, while simultaneously ensuring that they are efficient and effective in facilitating the recovery of state revenue that has been lost through tax evasion.Finally, lawmakers might explore the possibility of including alternative or supplementary penalties within the UU KUP that go beyond the traditional sanctions of imprisonment and monetary fines. For instance, the legislation could consider provisions for mandatory asset forfeiture in cases of significant or repeated tax evasion, particularly where substantial amounts of state revenue have been illicitly withheld. Such measures could serve as a more powerful deterrent against tax non-compliance and ensure a more direct and comprehensive recovery of lost state funds.
  • Insight: By strategically amending the UU KUP to incorporate the principles of non-conviction-based forfeiture, enhance the investigative powers of tax authorities in asset tracing and seizure, and establish clear and fair procedural guidelines for asset confiscation, Indonesia could create a significantly more potent and effective legal framework specifically designed to combat tax evasion and recover the substantial state revenue losses that result from it.
  • Reasoning: Integrating the principles of NCB forfeiture, as discussed in section 7, directly into the UU KUP would provide a crucial alternative legal pathway for asset recovery in tax crime cases, particularly where criminal convictions are difficult to obtain. Strengthening the operational capabilities of tax investigators through enhanced powers for asset tracing and seizure would enable more proactive and effective interventions. Ensuring that the procedures for asset confiscation are clearly defined and adhere to principles of fairness and due process is vital for the legitimacy and sustainability of these efforts. Finally, exploring supplementary penalties like mandatory asset forfeiture could create a stronger deterrent and ensure a more direct recovery of lost revenue, ultimately leading to a more robust and equitable tax system in Indonesia.

8. Anticipating the Impact of Robust Asset Confiscation Legislation on Indonesia’s Fiscal Capacity:

• Potential Effects on Indonesia’s Tax Ratio: The successful implementation of robust asset confiscation legislation specifically targeting tax crimes holds significant potential to directly increase the amount of state revenue that is recovered annually. This direct recovery of funds that were previously lost to tax evasion would contribute to an immediate increase in the total tax revenue collected by the Indonesian government, thereby having a positive effect on the nation’s overall tax-to-GDP ratio.Furthermore, the existence of more effective and consistently enforced asset confiscation measures, particularly if they include the possibility of asset forfeiture even without a criminal conviction in certain circumstances (as would be the case with the adoption of NCB forfeiture), could act as a substantial deterrent to individuals and businesses considering or engaging in tax evasion. The increased risk of losing their assets, potentially regardless of whether they face imprisonment, might incentivize greater compliance with tax laws, leading to a higher level of voluntary tax payment and an indirect boost to the tax ratio.Over the longer term, a sustained reduction in the prevalence of tax evasion, brought about by the effectiveness of robust asset confiscation legislation and its deterrent effect, could lead to a broadening of Indonesia’s overall tax base. As more previously hidden income and assets are brought into the formal tax system due to increased compliance and reduced opportunities for successful evasion, the total amount of taxable economic activity within the country would likely increase, contributing to a sustained improvement in the tax-to-GDP ratio.
  • Insight: The enactment and consistent enforcement of strong asset confiscation legislation focused on tax crimes are anticipated to have a dual positive impact on Indonesia’s tax ratio. Firstly, by directly recovering significant amounts of revenue that were previously lost to tax evasion, and secondly, by indirectly encouraging a higher level of tax compliance among individuals and businesses due to the increased risk of asset loss, regardless of criminal prosecution.
  • Reasoning: The direct recovery of funds through asset confiscation will directly increase the numerator of the tax-to-GDP ratio, as these recovered funds will be added to the total tax revenue collected by the state. The deterrent effect of such legislation, particularly if it includes NCB forfeiture, could lead to a greater propensity among taxpayers to comply with tax laws voluntarily, further increasing overall tax revenue and improving the ratio over time. The broadening of the tax base, resulting from reduced evasion, would also contribute to a more sustainable increase in the tax-to-GDP ratio in the long run.
• Influence on Overall State Fiscal Capacity: The anticipated increase in tax revenue resulting from the successful recovery of assets and the potential for improved taxpayer compliance, driven by robust asset confiscation legislation, would significantly enhance the Indonesian government’s overall fiscal capacity. This would provide the government with a greater pool of financial resources that could be strategically allocated to fund essential public services, invest in critical infrastructure projects that are vital for economic development, and implement a wider range of social and economic development programs aimed at improving the well-being of the Indonesian populace.With a more robust and reliable stream of revenue from taxes and the recovery of previously lost funds, the government may be able to reduce its reliance on borrowing from domestic and international sources to finance its various expenditures. This decreased dependence on borrowing would contribute to greater long-term fiscal sustainability for the nation and alleviate the burden of debt on the Indonesian economy in the years to come.Ultimately, the enhanced fiscal capacity resulting from the implementation of more effective asset confiscation measures in the context of tax crimes could enable the Indonesian government to significantly increase its levels of investment in key sectors that are crucial for long-term national development, such as transportation and energy infrastructure, the quality and accessibility of education at all levels, and the provision of comprehensive and affordable healthcare services to its citizens. Such increased investments in these vital areas would foster sustained economic growth, improve human capital development across the nation, and contribute to a tangible improvement in the overall quality of life for the Indonesian people.
  • Insight: The implementation of more effective asset confiscation legislation targeting tax crimes is projected to significantly strengthen Indonesia’s overall fiscal capacity. This enhanced capacity would provide the government with greater financial flexibility and the necessary resources to pursue its national development agenda more effectively and to ultimately improve the lives and livelihoods of its citizens across the archipelago.
  • Reasoning: The direct recovery of lost tax revenue through asset confiscation, coupled with the potential for increased voluntary tax compliance, will lead to a stronger and more stable financial foundation for the Indonesian government. This improved fiscal capacity will enable the government to allocate more resources towards funding essential public services, investing in critical infrastructure, and implementing development programs that are vital for the nation’s long-term economic and social progress, ultimately contributing to a higher standard of living for the Indonesian people.

9. Current Efforts and Progress Towards Enacting New or Revised Legislation on Asset Confiscation Related to Tax Crimes in Indonesia:

• Review of Recent Developments and Initiatives: The Indonesian government has been actively engaged in the process of preparing a new and comprehensive Asset Confiscation Bill, with the most recent publicly available version of the draft legislation dating back to April 2023. President Joko Widodo has repeatedly and publicly called upon the House of Representatives (DPR) to prioritize and expedite the deliberation and eventual passage of this long-anticipated bill into law, emphasizing its critical importance for the recovery of state assets that have been illicitly obtained through various criminal activities, including those related to corruption and likely encompassing tax evasion. A central objective of the proposed Asset Confiscation Bill is the introduction of the principle of non-conviction-based asset forfeiture into the Indonesian legal framework. This significant legal innovation would substantially expand the government’s capacity to identify, seize, and ultimately recover assets that are reasonably suspected to be the proceeds of criminal activity, even in the absence of a formal criminal conviction against a specific individual or entity.Despite the strong and consistent calls for action from the executive branch of the Indonesian government, the progress of the Asset Confiscation Bill through the legislative process within the House of Representatives has been notably slow and marked by considerable delays. There are indications and concerns that the bill may not be finalized and passed into law before the current term of the House concludes, suggesting that it might be carried over to the legislative agenda of the next parliamentary term.In a related development at the regulatory level, the Indonesian government, through the Ministry of Finance, issued Minister of Finance Regulation Number 17 of 2025 (PMK 17/2025), which came into effect in February 2025. This regulation provides updated and more comprehensive guidelines for the conduct of investigations into tax crimes within Indonesia. Notably, PMK 17/2025 includes specific provisions related to the blocking and seizure of assets during the course of tax crime investigations, indicating an administrative effort to strengthen the government’s powers and procedures in controlling and potentially recovering assets linked to tax offenses.Furthermore, Indonesia achieved a significant international milestone in 2023 by becoming a full member of the Financial Action Task Force (FATF). This membership signifies Indonesia’s strong commitment to aligning its legal and regulatory frameworks with international standards and best practices in the global fight against financial crimes, including those related to tax evasion, money laundering, and the financing of terrorism, and to enhancing its overall capacity for asset recovery in these areas.
  • Insight: While the Indonesian government, particularly the executive branch, has clearly demonstrated a commitment to strengthening the nation’s asset confiscation capabilities through the introduction of the comprehensive Asset Confiscation Bill and the issuance of updated regulations like PMK 17/2025, the legislative progress on the overarching bill within the House of Representatives has been characterized by significant delays and uncertainty. Indonesia’s recent full membership in the FATF, however, provides a robust international framework and a strong impetus for continued advancement in the critical areas of combating financial crimes and improving the effectiveness of asset recovery mechanisms.
  • Reasoning: The repeated and public calls from President Widodo for the swift passage of the Asset Confiscation Bill clearly indicate a high level of political will to address the issue of asset recovery in the context of financial crimes. However, the fact that the bill has faced considerable delays in the House of Representatives suggests that there may be underlying political or procedural hurdles that need to be overcome. The issuance of PMK 17/2025 demonstrates that administrative efforts are underway to enhance the government’s investigative powers related to asset control in tax cases. Finally, Indonesia’s full membership in the FATF not only signifies international recognition of its commitment to fighting financial crime but also places Indonesia within a global network that promotes and supports the implementation of effective measures, including asset recovery.
• Challenges and Opportunities: A significant challenge in enacting new asset confiscation legislation, particularly those provisions that involve non-conviction-based forfeiture, lies in the complex process of navigating the Indonesian legislative system, building a strong political consensus among diverse stakeholders, and carefully addressing legitimate concerns that have been raised regarding the potential for such measures to infringe upon fundamental individual rights and the critical need to ensure robust due process safeguards are in place.However, the opportunity presented by the successful enactment and consistent enforcement of more effective asset confiscation legislation, especially when specifically targeted at tax crimes, is substantial. Such legislation holds the potential to significantly enhance the recovery of state revenue that is currently lost each year due to tax evasion, to act as a powerful deterrent against future tax offenses by increasing the perceived risk of losing illicitly gained assets, and to ultimately strengthen Indonesia’s overall fiscal capacity, providing the government with more resources for national development.Furthermore, there exists a considerable opportunity for Indonesia to strategically leverage international collaboration and the various mechanisms for mutual legal assistance that are available to improve the recovery of assets related to tax crimes that are often located in foreign jurisdictions. This is particularly true if non-conviction-based forfeiture becomes an integral part of Indonesia’s domestic legal framework, as it aligns with international trends in asset recovery.Indonesia’s recent attainment of full membership in the FATF provides a valuable and influential framework, as well as a platform for adopting international best practices in the crucial area of combating financial crimes. This includes strengthening its legal and institutional mechanisms specifically designed for the effective recovery of assets that are linked to tax evasion and other forms of illicit financial flows, aligning Indonesia with global standards and enhancing its ability to tackle these complex challenges.
  • Insight: The advancement of stronger asset confiscation legislation in Indonesia requires careful navigation of the political and legal landscape, particularly in balancing the imperative for effective revenue recovery with the fundamental need to protect individual rights and ensure due process. Nevertheless, the potential benefits of such legislation, including a significant boost to fiscal capacity and alignment with international norms, coupled with opportunities for enhanced international cooperation, make this a critical area for sustained focus and dedicated progress.
  • Reasoning: The inherent challenges in enacting legislation, especially in politically sensitive areas like asset confiscation and non-conviction-based forfeiture, often involve navigating competing interests and addressing concerns about potential overreach. However, the significant potential benefits for Indonesia, including a stronger economy, increased resources for public services, and enhanced international standing, underscore the importance of overcoming these challenges. By carefully considering the legal and human rights implications and by actively engaging in international cooperation, Indonesia can create a more effective and equitable system for recovering the proceeds of tax crimes and other illicit activities.

10. Dr. Joko Ismuhadi’s Tax Accounting Equation (TAE): A Tool for Detecting Unreported Income:

• Methodology and Principles of the TAE: Dr. Joko Ismuhadi’s Tax Accounting Equation (TAE) is presented as an innovative analytical tool specifically designed for forensic tax accounting purposes. Its primary aim is to enable tax authorities to detect early warning signs of potential tax avoidance or embezzlement by meticulously analyzing taxpayers’ financial statements through the application of an accounting mathematical equation approach.The fundamental basis of the TAE is the universally recognized accounting equation: Assets = Liabilities + Equity. Dr. Ismuhadi builds upon this foundational principle, initially referencing the Expanded Accounting Equation (EAE), which incorporates the income statement elements of revenues and expenses, as well as dividends: Assets = Liabilities + Equity.For the specific purpose of tax analysis, particularly in the context of identifying potential tax avoidance where taxable income might be deliberately reported as zero or a loss to minimize tax obligations, the equation is further transformed into what Dr. Ismuhadi terms the Mathematic Accounting Equation (MAE): Assets + Dividend + Expenses = Liabilities + Equity + Revenues.Finally, the Tax Accounting Equation (TAE) is presented in two distinct but interconnected forms to facilitate a more nuanced and tax-focused analysis of financial data :
  1. Profits Loss & Balance Sheet Equally: Revenues – Expenses = Assets – Liabilities. This particular form of the TAE is intended to highlight the inherent relationship and expected equilibrium between a company’s operational performance, as reflected in its income statement (Revenues – Expenses, which represents either a profit or a loss), and its financial position, as depicted in its balance sheet (Assets – Liabilities, where Equity is implicitly taken into account). The underlying principle suggests that a company’s regular business activities and their resulting profitability should ideally lead to a corresponding and proportional increase in its overall corporate value, which would be reflected in the relationship between its assets and liabilities.
  2. Tax Purpose Analytically: Revenues = Expenses + Assets – Liabilities. This alternative form of the TAE specifically emphasizes a potentially revealing inverse relationship between a company’s reported Revenues and its Liabilities. Dr. Ismuhadi posits that certain taxpayers might engage in misleading or manipulative accounting practices where actual Revenues are intentionally misclassified and recorded as Liabilities in their financial statements. Conversely, legitimate business Expenses might be improperly inflated and recorded as Assets on the balance sheet. He suggests that taxpayers might utilize clearing accounts or other sophisticated accounting techniques to obscure these types of transactions and thereby underreport their true income for tax purposes.
  The core principle underpinning Dr. Ismuhadi’s TAE is that by meticulously analyzing the fundamental interrelationships between these key accounting elements within a taxpayer’s financial statements, tax authorities and auditors can identify inconsistencies, unusual patterns, or significant deviations from expected norms. These anomalies may serve as early warning signals or red flags indicating the potential presence of tax avoidance schemes, fraudulent financial reporting, or other forms of illicit financial activities that are designed to reduce or evade tax liabilities.
  • Insight: Dr. Ismuhadi’s Tax Accounting Equation offers a novel and insightful approach to forensic tax accounting by moving beyond traditional methods of financial statement analysis. It provides a structured and mathematically grounded framework for examining the expected relationships between a company’s profitability and its financial position, specifically designed to uncover sophisticated accounting manipulations that may be indicative of tax evasion.
  • Reasoning: The step-by-step derivation of the TAE from the basic accounting equation to its specialized forms for tax analysis demonstrates a logical and systematic process of developing a tool that is specifically tailored for the task of detecting tax-related financial manipulations. The presentation of the TAE in two distinct forms provides tax authorities with multiple perspectives and analytical lenses through which to scrutinize financial data, increasing the likelihood of identifying potential inconsistencies and red flags that might otherwise be missed.
• Application in Detecting Unreported Income and Hidden Transactions in Indonesia: Dr. Ismuhadi’s Tax Accounting Equation (TAE) can be particularly valuable in identifying specific types of discrepancies within a company’s financial statements that may suggest the presence of unreported income or hidden transactions aimed at evading taxes in Indonesia. For instance, the TAE can help to flag situations where a company reports substantial revenues from its primary business operations (such as significant export sales) but simultaneously shows unusually high levels of liabilities to related parties. This particular pattern of financial reporting could potentially indicate the manipulation of transfer prices between affiliated entities as a strategy to shift profits to jurisdictions with lower tax rates or to obscure the true profitability of the Indonesian-based entity.The TAE is primarily designed as a tool for the early detection of tax avoidance and potential financial irregularities within the formal sector of the Indonesian economy. Its focus is on analyzing inconsistencies and unusual patterns within officially reported financial statements that might suggest deliberate attempts to underreport income or conceal taxable transactions.The methodology inherent in Dr. Ismuhadi’s TAE is not intended to be used in isolation. Rather, it is most effective when applied in conjunction with other established forensic accounting techniques and sophisticated data analytics tools. This integrated approach can provide tax authorities with a more comprehensive and robust capability for identifying and investigating potential instances of tax evasion.Furthermore, the TAE has the inherent potential to uncover specific situations where taxpayers may be intentionally hiding income from tax authorities by misclassifying it as liabilities within their accounting records. Similarly, the equation can help to identify instances where expenses might be artificially inflated and improperly recorded as assets on the balance sheet, both of which are tactics that can be used to understate taxable income.
  • Insight: Dr. Ismuhadi’s TAE provides Indonesian tax authorities with a structured and systematic methodology for analyzing financial statements that can lead to the early detection of potential tax evasion schemes and hidden transactions. By focusing on the fundamental relationships between key accounting elements, the TAE offers a valuable tool for identifying red flags that warrant further investigation and scrutiny.
  • Reasoning: The example of high revenues coupled with high related-party liabilities illustrates the practical application of the TAE in identifying specific financial reporting patterns that are often associated with tax evasion tactics like transfer pricing. The TAE’s focus on the formal sector makes it a particularly relevant tool for scrutinizing the financial reporting of registered businesses in Indonesia, while its ability to complement other forensic techniques allows for a more comprehensive and multi-faceted approach to detecting financial irregularities that may indicate tax evasion.
• Case Studies or Potential Use Cases: Dr. Ismuhadi’s research specifically references a compelling case study within Indonesia’s Crude Palm Oil (CPO) industry where a particular taxpayer reported consistent financial losses over a period of five consecutive years. This seemingly unprofitable operation, however, simultaneously exhibited a pattern of consistent overpayments of Value Added Tax (VAT). This unusual and seemingly contradictory financial reporting triggered an investigation by tax authorities, who then utilized the underlying principles of the Tax Accounting Equation to conduct a more in-depth analysis of the company’s financial activities. The application of the TAE in this instance proved instrumental in uncovering potential tax avoidance strategies that the taxpayer may have been employing.Beyond this specific example, the TAE could be a particularly valuable tool for Indonesian tax authorities in analyzing the financial statements of companies that consistently report minimal income or even losses year after year, despite demonstrating ongoing and seemingly robust business operations and maintaining a significant presence within their respective markets. Such scenarios can often be indicative of potential underreporting of revenue or the artificial inflation of business expenses as a means of reducing taxable income.Furthermore, the TAE can be effectively employed in the detailed scrutiny of financial transactions that occur between related parties, especially within multinational corporations that operate in Indonesia. By carefully examining the pricing of goods, services, and intellectual property exchanged between subsidiaries and parent companies, tax authorities can utilize the TAE to identify potential transfer pricing irregularities that may be designed to shift profits to jurisdictions with lower tax rates, thereby reducing the overall tax liability within Indonesia.
  • Insight: The case study involving the CPO industry taxpayer provides tangible evidence of the practical utility and effectiveness of Dr. Ismuhadi’s TAE in identifying potentially fraudulent tax behavior and prompting further investigation by Indonesian tax authorities. Exploring additional real-world or hypothetical scenarios where the TAE could be applied across various sectors of the Indonesian economy would further demonstrate the versatility and broad applicability of this innovative forensic accounting tool.
  • Reasoning: The specific example of the CPO company offers a concrete illustration of how the TAE can be used to flag unusual financial reporting patterns that warrant closer examination by tax auditors. By considering other potential use cases, such as analyzing companies with persistent losses despite ongoing operations or scrutinizing related-party transactions, Indonesian tax authorities can gain a deeper understanding of how to leverage the TAE to enhance their audit capabilities across a wide range of industries and business structures within the country.

11. Understanding the Underground Economy in Indonesia and its Connection to Tax Evasion: Insights from Dr. Joko Ismuhadi’s Research:

• Overview of the Underground Economy in Indonesia: The underground economy in Indonesia encompasses a broad spectrum of economic activities that operate largely outside the formal regulatory and taxation frameworks established by the government. This hidden sector includes a wide array of informal businesses that may not be officially registered, transactions that are primarily conducted using cash and are not formally recorded, and deliberate efforts by individuals and entities to conceal their economic activities from government authorities with the primary intention of avoiding the payment of taxes and circumventing various regulations.Various estimates suggest that the size of Indonesia’s underground economy is substantial, potentially accounting for a significant proportion of the nation’s overall Gross Domestic Product (GDP). Some analyses indicate that this hidden sector could represent anywhere from 30% to 40% of the total economic output of the country.This hidden economy is not monolithic and includes a diverse range of activities. It encompasses economic endeavors that are legal in their nature but remain unreported to evade tax obligations and regulatory oversight, as well as activities that are outright illegal under Indonesian law, such as smuggling of goods, illicit online gambling operations, and other forms of financial crime that generate substantial unreported income.The inherent informal nature of the underground economy, its strong reliance on cash-based transactions that leave minimal or no audit trails for authorities to follow, and the deliberate and often sophisticated efforts undertaken by participants to conceal their activities from government scrutiny collectively pose a significant and ongoing challenge for the Indonesian government. This challenge impacts the government’s ability to effectively track, regulate, and ultimately tax this substantial segment of the national economy, leading to significant revenue shortfalls and potential distortions in official economic statistics.
  • Insight: The significant scale and the multifaceted nature of Indonesia’s underground economy present a major and persistent obstacle to the government’s efforts to maximize its tax revenue collection and to ensure a level playing field for businesses that operate within the formal and regulated sectors of the economy. A thorough understanding of the underlying dynamics and characteristics of this hidden economic sector is absolutely crucial for developing effective and targeted strategies aimed at enhancing tax compliance and ultimately broadening the nation’s tax base.
  • Reasoning: The consistent reporting across various sources that Indonesia’s underground economy contributes a substantial portion of the nation’s GDP clearly indicates the sheer magnitude of economic activity that is currently operating outside the formal tax system. The fact that this sector includes both legal but unreported activities and illegal operations highlights the complexity of the issue and the need for a multi-pronged approach to address its various dimensions.
• Connection to Tax Evasion and Avoidance: Individuals and entities that actively participate in Indonesia’s underground economy frequently engage in both outright tax evasion, which involves the illegal failure to report income and pay taxes owed, and aggressive tax avoidance, which entails using legal loopholes and strategies to minimize their tax liabilities. These practices result in substantial losses of potential tax revenue for the Indonesian state each year.The fundamental nature of the underground economy inherently involves intentionally concealing economic activities and the income derived from them from the scrutiny of tax authorities. This deliberate concealment is primarily motivated by the desire to avoid the legal and financial obligations associated with paying taxes and complying with other governmental regulations that apply to formal economic activities.A defining characteristic of the underground economy is the widespread use of cash-based transactions for the exchange of goods and services. The prevalence of cash in these transactions makes it significantly more difficult for tax authorities to accurately track the flow of income and sales, as cash transactions often leave limited or no formal audit trails that can be easily monitored or investigated.Academic research and analysis have consistently established a close and direct link between the size and growth of a nation’s underground economy and the overall levels of tax avoidance and tax evasion prevalent within that country. These two phenomena are often intertwined, with the existence of a large underground economy providing both the opportunity and the incentive for increased tax non-compliance in other parts of the economy as well.
  • Insight: The underground economy in Indonesia serves as a primary and significant facilitator of both tax evasion and aggressive tax avoidance practices. Its inherent characteristics, including informality, the deliberate concealment of transactions, and the heavy reliance on cash, create an environment where individuals and businesses can operate with a reduced risk of detection by tax authorities, leading to substantial leakages in potential tax revenue.
  • Reasoning: The direct and well-established connection between the underground economy and tax evasion and avoidance is consistently highlighted across various research and analytical sources. The very features that define the underground economy – its hidden nature, the prevalence of cash transactions, and the intentional avoidance of formal reporting – directly enable individuals and businesses to operate outside the formal tax system and minimize their tax contributions, making it a critical area of focus for any efforts to improve tax revenue collection in Indonesia.
• Contribution of Dr. Joko Ismuhadi’s Research to Combating this Issue: Dr. Joko Ismuhadi’s research, particularly through the development and application of his innovative Tax Accounting Equation (TAE), offers a potentially significant contribution to the ongoing efforts aimed at combating the challenges posed by Indonesia’s substantial underground economy and its direct connection to the widespread issue of tax evasion.

A key aspect of Dr. Ismuhadi’s research advocates for a proactive “Follow The Money” approach to better understand and ultimately address the complexities of the underground economy in Indonesia. He places particular emphasis on the significant role that cash transactions play within this hidden sector and suggests that his Tax Accounting Equation can serve as a powerful and effective analytical tool in this endeavor, helping to trace and identify potential sources of unreported income.

Dr. Ismuhadi’s TAE provides Indonesian tax authorities with a potentially invaluable instrument that can assist them in identifying individuals and entities operating within or having direct connections to the underground economy who may be engaging in tax evasion. By meticulously analyzing the financial statements of taxpayers using the framework of the TAE, tax authorities may be able to reveal discrepancies and unusual patterns that could indicate the presence of hidden income or the manipulation of financial transactions designed to evade tax obligations.

Ultimately, Dr. Ismuhadi’s research is viewed as providing Indonesian tax authorities with valuable and innovative tools and methodologies that can be effectively employed to find and ultimately stop those individuals and businesses that are actively engaging in tax evasion by operating within the often-hidden confines of the underground economy. His work offers a new lens through which to examine financial data and identify potential areas of non-compliance that might otherwise remain undetected.

12. Conclusion and Recommendations: Enhancing State Revenue Recovery through Comprehensive Strategies

Indonesia faces a significant challenge in recovering state revenue losses from tax crimes, with billions of dollars lost annually due to evasion and the presence of a substantial underground economy. The nation’s tax-to-GDP ratio remains low compared to its ASEAN neighbors, highlighting systemic issues in revenue mobilization. While existing laws address asset confiscation, their effectiveness in the specific context of tax crimes is limited by the requirement of a criminal conviction and the “ultimum remedium” principle favoring administrative sanctions.

The imperative for specific legislation on asset confiscation tailored to tax crimes is clear. Such legislation should streamline procedures, address loopholes, and enhance cooperation between tax authorities and other law enforcement agencies. Exploring non-conviction-based forfeiture offers a promising avenue for recovering assets even without a criminal conviction, particularly in complex cases or when perpetrators evade prosecution. Amendments to the Law on General Provisions and Tax Procedures (UU KUP) should incorporate more effective asset confiscation sanctions, potentially including NCB forfeiture provisions and strengthening the powers of tax investigators.

Robust asset confiscation legislation is anticipated to positively impact Indonesia’s fiscal capacity by directly increasing recovered revenue, incentivizing tax compliance, and broadening the tax base. While progress on enacting a comprehensive Asset Confiscation Bill has been slow, the issuance of updated regulations and Indonesia’s FATF membership indicate ongoing efforts to combat financial crimes.

Dr. Joko Ismuhadi’s research, particularly his Tax Accounting Equation (TAE), offers a valuable tool for detecting unreported income and hidden transactions, including those linked to the underground economy. The TAE’s methodology, based on fundamental accounting principles, can help identify inconsistencies in financial statements indicative of tax avoidance. By focusing on the relationship between revenue, expenses, assets, and liabilities, the TAE can complement other forensic accounting techniques and data analytics to enhance tax enforcement. Dr. Ismuhadi’s work also emphasizes the need to “Follow The Money” within the underground economy, where cash transactions often obscure taxable income.

To enhance state revenue recovery from tax crimes, Indonesia should consider the following recommendations:

1. Prioritize the Enactment of a Comprehensive Asset Confiscation Bill: Expedite the deliberation and passage of the current draft Asset Confiscation Bill, ensuring it includes provisions for non-conviction-based forfeiture and clearly defines procedures and safeguards to protect individual rights.
2. Strengthen the Law on General Provisions and Tax Procedures (UU KUP): Amend the UU KUP to incorporate more specific and effective asset confiscation sanctions for tax crimes. This should include enhancing the powers of tax investigators in asset tracing and seizure, establishing clear procedures for confiscation, and considering provisions for mandatory asset forfeiture in significant cases of tax evasion.
3. Invest in Capacity Building for Tax Authorities: Provide tax investigators and auditors with specialized training in forensic accounting techniques, including the application of Dr. Ismuhadi’s Tax Accounting Equation, to improve their ability to detect sophisticated tax evasion schemes and hidden income.
4. Enhance Data Sharing and Collaboration: Foster greater collaboration and information sharing between the Directorate General of Taxes, the Financial Transaction Reports and Analysis Center (PPATK), the Attorney General’s Office, and other relevant law enforcement agencies to improve the tracing and recovery of assets linked to tax crimes.
5. Increase Public Awareness and Tax Literacy: Implement nationwide campaigns to educate the public about their tax obligations and the importance of tax revenue for national development. This could help foster a stronger culture of tax compliance and reduce unintentional non-compliance.
6. Address the Underground Economy: Develop targeted strategies to bring activities within the underground economy into the formal tax system. This may involve simplifying tax regulations for small businesses, leveraging technology for better tracking of transactions, and collaborating with relevant ministries to address illegal activities.
7. Strengthen International Cooperation: Actively engage in international collaborations and utilize mutual legal assistance treaties to improve the recovery of assets located in foreign jurisdictions, particularly in cases of cross-border tax evasion and money laundering.
8. Further Research and Application of the TAE: Encourage further research and practical application of Dr. Joko Ismuhadi’s Tax Accounting Equation within the Directorate General of Taxes. This could involve developing specific guidelines and training programs for tax auditors on how to effectively utilize the TAE in their work.

By implementing these comprehensive strategies, Indonesia can significantly enhance its ability to recover state revenue losses from tax crimes, strengthen its fiscal capacity, and promote a fairer and more equitable tax system for all.

Reporter: Marshanda Gita – Pertapsi Muda