Ministers' absence enrages court<\/p>\n
Rendi A. Witular, Jakarta<\/p>\n
Justices of the Constitutional Court voiced their ire on
\nTuesday over the absence of two ministers and several legislators
\nat a hearing of a landmark case on the constitutionality of the
\nTax Tribunal.<\/p>\n
Court president Jimly Asshiddiqie said the absence of the
\nministers and legislators indicated they had no respect for both
\nthe court and the Constitution.<\/p>\n
The Court had summoned Minister of Finance Boediono, Minister
\nof Justice and Human Rights Yusril Ihza Mahendra and several
\nlegislators who had deliberated the Tax Tribunal Law to testify
\nat the review of a petition filed by a local businessman, who
\nfelt his company had been disadvantaged by the Tax Tribunal.<\/p>\n
The ministers did not show and were instead represented at the
\nhearing by Maurin Sitorus, head of the legal division at the
\nfinance ministry, and Djangkung Soedjarwadi, senior expert at the
\nDirectorate General of Taxation.<\/p>\n
\"The ministers should not underestimate the case just because
\nit was filed by a 'little' person.<\/p>\n
\"We are talking about upholding the Constitution here, and
\ntheir absence can be considered contempt of court. I want you to
\ntell your bosses not to underestimate us and the case,\" a clearly
\ninfuriated Jimly told the government representatives.<\/p>\n
By law, all Court sessions must be attended by the President,
\nwho may be represented by relevant ministers, or the House of
\nRepresentatives Speaker, who may be represented by lawmakers.<\/p>\n
The petition was filed by health equipment supplier PT Apota
\nWibawa Pratama, which claimed the Tax Tribunal's establishment
\nand existence was contrary to the 1945 Constitution and it had
\nbeen abused by tax officials to extort taxpayers.<\/p>\n
Apota director BQ Vega said the Constitution recognized only
\nfive courts -- the criminal, civil, religious, military and
\nadministrative courts -- in addition to the Constitutional Court.
\nVega argued that since the Tax Tribunal was not among these five,
\nthe legality of rulings handed down by the tribunal was
\nquestionable.<\/p>\n
If the Constitutional Court rules in favor of the plaintiff
\nand declare Tax Tribunal Law No. 14\/2002 invalid, the government
\nwould be required to abolish the tribunal, which was established
\nlast year.<\/p>\n
Commenting on the absence of Boediono, Yusril and legislators,
\nVega said: \"It was a clear sign of disrespect by the officials
\nover the case and the Court as a judicial entity.\"<\/p>\n
The finance ministry officials said Boediono was unable to
\ncome because he had not yet received a presidential letter of
\nappointment to attend the hearing.<\/p>\n
\"We have no intention to disrespect the Court, and we take the
\ncase seriously. The minister has not yet received an instruction
\nfrom the president to attend the hearing,\" said Maurin.<\/p>\n
The Court adjourned the hearing until further notice.<\/p>\n
Eyebox<\/p>\n
Extortion via the Tax Tribunal<\/p>\n
-- Tax officials inflate the amount of taxes owed by a company or
\nan individual to an unrealistic level and prompt a protest
\n-- A tax official contacts the taxpayer to meet at a certain
\nplace, typically for lunch, to discuss the matter
\n-- Solutions are offered: either pay 25 percent of their tax
\nstatement to the official under the table or file a case with the
\nTax Tribunal
\n-- Taxpayers are normally reluctant to file a case with the
\ntribunal, given a clause in the Tax Tribunal Law that requires
\ntaxpayers to pay 50 percent of arrears prior to their hearing
\n-- Taxpayers who are unable to meet the arrears payment clause
\nhave no alternative but to seek a compromise with officials,
\nincluding paying the bribe<\/p>",
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