Legal Review Of The Leakage Due To Misrepresentation Of Local Original Revenue Funds In Tebing Tinggi City In 2025
DOI:
https://doi.org/10.70321/ijslcj.v2i3.155Keywords:
Criminal Liability, PAD Leakage, Night Market, Regional Tax, CorporationsAbstract
Tebing Tinggi City Regional Regulation Number 1 of 2024 serves as the basis for collecting Regional Taxes and Regional Levies, including in the entertainment sector. However, the implementation of night market entertainment at Sri Mersing Field showed a significant leakage of Regional Original Revenue (PAD). An investigation by the Anti-Corruption Community Communication (KOMAKI) revealed potential regional losses reaching more than IDR 439 million from the activities that took place from April 22 to June 5, 2025. This loss came from various levies such as food, beverages, parking, entertainment, advertising, and cleaning that were not paid legally, even though they were included as tax objects according to Article 23 and Article 27 of Regional Regulation No. 1 of 2024 concerning Regional Taxes and Regional Levies.
Strong suspicions point to systematic tax evasion by legal entity night market organizers (corporations). This violation is not only administrative in nature, but has the potential to become a criminal offense based on Article 102 of Regional Regulation No. 1 of 2024 in conjunction with Article 181 of Law No. 1 of 2022, and can even be qualified as a criminal act of corruption by corporations according to Law No. 31 of 1999 in conjunction with Law No. 20 of 2001. Therefore, the importance of law enforcement for economic crimes that reaches structural aspects, including apparatus accountability and public oversight, is key to preventing systemic neglect in regional governance. This article aims to evaluate the form of violation of the Law on Misappropriation of Regional Original Revenue Funds. Normative legal research with field data shows an element of intent in tax evasion. Therefore, firm legal steps are needed to prevent repeated losses and strengthen the regional government oversight system. This approach is in line with the ideal of Law (Dassolen) to bridge intentionality with empirical reality (Dassein).
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References
Book
Andi Hamzah. Indonesian Criminal Procedure Law. Revised Edition. Jakarta: Sinar Grafika, 2023. Andi Hamzah. Indonesian Criminal Law. Revised Edition. Jakarta: Sinar Grafika, 2022.
Asep Warlan Yusuf. Fiscal Decentralization and Regional Tax Justice. Bandung: Mandar Maju, 2020.
A. Rachmad Surachman. Legal Aspects of Enforcing Administrative and Criminal Sanctions in Taxation. Surabaya: Airlangga Press, 2021.
Barda Nawawi Arief. Anthology of Criminal Law Policy. Jakarta: Prenadamedia Group, 2023.
Dwidja Priyatno. Corporate Criminal Liability. Jakarta: Sinar Grafika, 2020. Eddy OS Hiariej. Principles of Criminal Law. Jakarta: Erlangga, 2021.
Leden Marpaung. Criminal Acts of Corruption (Corruption and Corruptors). Jakarta: Sinar Grafika, 2021.
Luhut MP Pangaribuan. Criminal Procedure Law and Its Practice. Jakarta: University of Indonesia Publisher, 2020.
Maulana Yusuf. Regional Tax and Regional Retribution Law. Bandung: Refika Aditama, 2021.
Muladi and Barda Nawawi Arief. Corporate Criminal Liability. Semarang: UNDIP Publishing Agency, 2020.
Nurdin. Regional Government Law. Jakarta: Prenada Media, 2022.
Ridwan HR. State Administrative Law. Jakarta: RajaGrafindo Persada, 2023.
R. Widodo. Corruption in a Legal and Ethical Perspective. Jakarta: Kencana, 2023.
Sahlepi, Muhammad Arif. The Supremacy of Legal Morality Through an Anti-Corruption Education Culture. Medan: Tahta Media, 2022.
Saragih, Yasmira Mandasari. Introduction to Criminal Law: Transition of Criminal Law in Indonesia. Medan: Tahta Media, 2023.
Saragih, Yasmira Mandasari. Understanding the Elements of Criminal Responsibility by Legal Subjects. Medan: Tahta Media, 2022.
Suci Ramadani. "Legal Teaching Materials & Ethics of the Legal Profession". Teaching Materials, 2024. Sulistyowati. Tax Law Enforcement in Indonesia. Yogyakarta: Deepublish, 2022.
Supardi. Corporate Criminal Law and Its Implementation in Indonesia. Jakarta: Sinar Grafika, 2021.
Scientific Journal
Ismaidar. "Corporate criminal liability in money laundering crimes."
Innovative: Journal Of Social Science Research, Vol. 4, no. 2, 2024.
Putri, Nabila, and Ridwan HR. "Analysis of Regional Taxation Policy in Increasing Regional Original Revenue in the Era of Regional Autonomy". Journal of Public Administration, Vol. 8, No. 1, 2022.
Rahmayanti. "A Legal Analysis of the Accountability of Perpetrators of Corruption Crimes Committed Jointly". Mercatoria Journal, Vol. 10, No. 1, 2017.
Rahmayanti. "Legal Sanctions for Perpetrators of Corruption Based on Positive Law and Islamic Law." Mercatoria Journal, Vol. 10, No. 1, 2017
Sari, Indah Permata, and Budi Santoso. "The Role of Internal Auditors in Preventing Revenue Fraud in the Public Sector." Journal of Public Sector Accounting, Vol. 5, No. 1, 2020.
Shalepi, Muhammad Arif. "The Effectiveness of Applying Administrative Sanctions Against Violations of Regional Regulations Concerning Public Order and Community Tranquility." Journal of Law and Development, Vol. 54, No. 1, 2024.
Wijaya, Teguh Satria, and Rizky Rismayani. "The Effectiveness of Law Enforcement Against Tax Crimes in Indonesia." Justitia et Pax Journal, Vol. 7, No. 2, 2021.
Saragih, Yasmira Mandasari "Legal Review of Corporate Criminal Liability for Environmental Crimes". Scientific Journal of Aerospace Law, Vol. 13, No. 2, 2023.
Constitution
Criminal Code (KUHP).
Tebing Tinggi City Regional Regulation Number 1 of 2024 concerning Regional Taxes and Regional Retributions.
Regulation of the Supreme Court of the Republic of Indonesia Number 13 of 2016 concerning Procedures for Handling Criminal Cases by Corporations.
Law of the Republic of Indonesia Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments.
Law of the Republic of Indonesia Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering.
Law of the Republic of Indonesia Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption.
Law of the Republic of Indonesia Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures.
Law of the Republic of Indonesia Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption.
Internet
National Legal Development Agency. "Regional Taxes and Levies". Retrieved fromhttps://bphn.go.id/data/documents/pajak_dan_retribusi_daerah.pdf on June 25, 2025
Online Legal News. "Tax Evasion Methods and Sanctions." Accessed from https://www.hukumonline.com/on June 25, 2025.
Ministry of Finance of the Republic of Indonesia. "Understanding Regional Taxes and Levies".
Accessed from https://www.kemenkeu.go.id/on June 25, 2025.
Center for Budget Studies, House of Representatives of the Republic of Indonesia. "Regional Original Revenue Monitoring Mechanism." Retrieved from https://www.dpr.go.id/pusat-kajian-anggaran/on June 25, 2025.
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Copyright (c) 2025 Saptha Nugraha Isa , Muhammad Arif Sahlepi , Suci Ramadani
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