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Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Muhammad Yasin
The government is currently putting together a Draft Bill on the Restriction of Banknote Transactions (Draft Bill) in order to consolidate the planned reduction in the use of banknotes or paper money for daily transactions.At the end of July, the Draft Bill was disseminated among various stakeholders, including lawyers associations. The Draft Bill mandates non-cash payments for all transactions above IDR 100 million. This obligation, however, does not apply to the payment of lawyer’s fees by their clients. Lawyer’s fees are to be exempt from the bill and lawyers will still be allowed to receive their honorarium in the form of banknotes.
“Professional fees do not fall under the new bill,” explained Yunus Husein, head of the drafting team, in answer to a question posed by hukumonline at the bill’s socialization event.
However it’s obviously a very different matter if clients are planning on handing sums of cash over to their respective lawyers for the purposes of bribing law-enforcement officers. Such acts of bribery will obviously fall foul of the country’s Corruption Law.
The Draft Bill itself stipulates a number of circumstances and exemptions that will continue to allow for banknote transactions, including so-called “transactions relating to law enforcement operations”.
Law enforcement officers such as the police and state attorney usually have operational expenses that they have to cover. In the case of the police, for example, the execution of undercover operations aimed at uncovering drug deals and the like usually incurs significant costs. However, the Draft Bill provides no further explanation regarding law-enforcement operations undertaken by lawyers.
Exceptions
Aside from transactions relating to law-enforcement operations, the Draft Bill outlines several other situations in which cash may continue to be used, including the payment of salaries and into retirement funds by government institutions, as well as the payment of taxes and other obligations relating to the state.
In regard to these two types of transaction, Adler H. Manurung, a professor from Bina Nusantara University, has requested that the government provide decent, relevant examples regarding the application of cashless transactions as encouraged by the Draft Bill, including the promotion of the payment of taxes, salaries, or other obligations to and from the state via non-cash mechanisms.
Exemption from the obligation to go cashless also applies to transactions that take place between financial-service providers, the government and Bank Indonesia in its role as the country’s central bank; transactions between financial-service providers that relate to their respective business operations; cash-in-transit transactions; transactions pertaining to medical treatments; and transactions pertaining to disaster relief. Other cash transactions that may exceed the IDR 100 million limit include transactions relating to the execution of court rulings, such as the payment of compensation or reimbursement.
Other possible exceptions to the cash limit will be determined by the Chairman of the Indonesian Financial Transaction Reports and Analysis Centre (PPATK). The latest version of the Draft Bill grants greater authority to the PPATK, including the power to impose administrative sanctions.
(hot/ja/sp)
Marcell Sihombing, Muhammad Yasin
The government is currently putting together a Draft Bill on the Restriction of Banknote Transactions (Draft Bill) in order to consolidate the planned reduction in the use of banknotes or paper money for daily transactions.At the end of July, the Draft Bill was disseminated among various stakeholders, including lawyers associations. The Draft Bill mandates non-cash payments for all transactions above IDR 100 million. This obligation, however, does not apply to the payment of lawyer’s fees by their clients. Lawyer’s fees are to be exempt from the bill and lawyers will still be allowed to receive their honorarium in the form of banknotes.
“Professional fees do not fall under the new bill,” explained Yunus Husein, head of the drafting team, in answer to a question posed by hukumonline at the bill’s socialization event.
However it’s obviously a very different matter if clients are planning on handing sums of cash over to their respective lawyers for the purposes of bribing law-enforcement officers. Such acts of bribery will obviously fall foul of the country’s Corruption Law.
The Draft Bill itself stipulates a number of circumstances and exemptions that will continue to allow for banknote transactions, including so-called “transactions relating to law enforcement operations”.
Law enforcement officers such as the police and state attorney usually have operational expenses that they have to cover. In the case of the police, for example, the execution of undercover operations aimed at uncovering drug deals and the like usually incurs significant costs. However, the Draft Bill provides no further explanation regarding law-enforcement operations undertaken by lawyers.
Exceptions
Aside from transactions relating to law-enforcement operations, the Draft Bill outlines several other situations in which cash may continue to be used, including the payment of salaries and into retirement funds by government institutions, as well as the payment of taxes and other obligations relating to the state.
In regard to these two types of transaction, Adler H. Manurung, a professor from Bina Nusantara University, has requested that the government provide decent, relevant examples regarding the application of cashless transactions as encouraged by the Draft Bill, including the promotion of the payment of taxes, salaries, or other obligations to and from the state via non-cash mechanisms.
Exemption from the obligation to go cashless also applies to transactions that take place between financial-service providers, the government and Bank Indonesia in its role as the country’s central bank; transactions between financial-service providers that relate to their respective business operations; cash-in-transit transactions; transactions pertaining to medical treatments; and transactions pertaining to disaster relief. Other cash transactions that may exceed the IDR 100 million limit include transactions relating to the execution of court rulings, such as the payment of compensation or reimbursement.
Other possible exceptions to the cash limit will be determined by the Chairman of the Indonesian Financial Transaction Reports and Analysis Centre (PPATK). The latest version of the Draft Bill grants greater authority to the PPATK, including the power to impose administrative sanctions.
(hot/ja/sp)