Agus Sahbani, Andin Aditya Rahman
The Constitutional Court is progressing its judicial review of Law No. 28 of 2009 on Regional Taxes and Levies and is currently hearing the opinions of the Government and the House of Representatives (House).
In an official statement made by Syarifuddin Sudding, a member of Commission III at the House of Representatives, the House stated that cigarette taxes under Articles 1 (19), 26, 27, 28, 29, 30, 31, 94 (1) (c), and 181 of the Regional Taxes and Levies Law do not overburden the general public.
“Cigarettes are not basic commodities for the public. In fact, cigarette consumption to a certain level must be controlled,” stated the Commission III member at the Constitutional Court on Thursday. .
“With the cigarette tax, the selling price of cigarettes will increase. The positive result from this is that this will reduce the number of novice smokers, especially amongt teenagers,” explained Sudding.
He further explained that the House is of the opinion that cigarette taxes should be imposed on smokers, as regulated by Article 27 (1) of the Regional Taxes and Levies Law.
“Therefore, Indonesians who smoke will be subject to the cigarette tax, whereas those who don’t will not. The House is of the opinion that the provisions on cigarette taxes are not in conflict with the 1945 Constitution,” he stated.
On the other hand, the Government argued in their official opinion for the judicial review that the provisions under the Regional Taxes and Levies Law satisfy the community principle and do not discriminate between smokers and non-smokers or between regions.
After the proceedings, Robikin Emhas, attorney for the applicants, stated that even though the very purpose of taxations is for public welfare, taxation must not conflict with the 1945 Constitution.
He continued by asserting that neither the Government nor the House have substantially put forward arguments that disprove the constitutional violations as argued by the applicants.
“During the proceeding, the House did not even mention any article under the Regional Taxes and Levies Law that violates the 1945 Constitution by the Regional Taxes and Levies Law,” Rabikin explained.
(hot/kc)
Agus Sahbani, Andin Aditya Rahman
The Constitutional Court is progressing its judicial review of Law No. 28 of 2009 on Regional Taxes and Levies and is currently hearing the opinions of the Government and the House of Representatives (House).
In an official statement made by Syarifuddin Sudding, a member of Commission III at the House of Representatives, the House stated that cigarette taxes under Articles 1 (19), 26, 27, 28, 29, 30, 31, 94 (1) (c), and 181 of the Regional Taxes and Levies Law do not overburden the general public.
“Cigarettes are not basic commodities for the public. In fact, cigarette consumption to a certain level must be controlled,” stated the Commission III member at the Constitutional Court on Thursday. .
“With the cigarette tax, the selling price of cigarettes will increase. The positive result from this is that this will reduce the number of novice smokers, especially amongt teenagers,” explained Sudding.
He further explained that the House is of the opinion that cigarette taxes should be imposed on smokers, as regulated by Article 27 (1) of the Regional Taxes and Levies Law.
“Therefore, Indonesians who smoke will be subject to the cigarette tax, whereas those who don’t will not. The House is of the opinion that the provisions on cigarette taxes are not in conflict with the 1945 Constitution,” he stated.
On the other hand, the Government argued in their official opinion for the judicial review that the provisions under the Regional Taxes and Levies Law satisfy the community principle and do not discriminate between smokers and non-smokers or between regions.
After the proceedings, Robikin Emhas, attorney for the applicants, stated that even though the very purpose of taxations is for public welfare, taxation must not conflict with the 1945 Constitution.
He continued by asserting that neither the Government nor the House have substantially put forward arguments that disprove the constitutional violations as argued by the applicants.
“During the proceeding, the House did not even mention any article under the Regional Taxes and Levies Law that violates the 1945 Constitution by the Regional Taxes and Levies Law,” Rabikin explained.
(hot/kc)