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Ada Pertanyaan? Hubungi Kami Marcell Sihombing, Nando Narendra
Seminar Titled Tax Sets Its Eyes on Credit-Card Holder. Photo by: NNP.
The Minister of Finance (Minister) issued Regulation No. 39/PMK.03/2016 on 23 March 2016 (2016 Regulation), which amends Ministerial Regulation No. 16/PMK .03/2013on Details Relating to Types of Data and Information, as well as Procedures for the Provision of Data and Information for the Purposes of Taxation (2013 Regulation).
The 2016 Regulation encompasses lists of institutions, associations, or other relevant parties that are required to provide transaction data and information relating to credit-card holders to the Directorate General of Tax (Directorate General). These lists comprise of 23 banks that are currently offering credit-card services to their customers and these banks are now obliged to periodically report their customers’ credit-card information to the Directorate General every month.
This credit-card data will then be used in order to measure and compare whether any annual tax reports submitted by taxpayers match up with data held by the government or not. This credit- card data will not be the only source of information gathered by the government government, but will assist in the government’s efforts at taxpayer profiling according to their credit-card expenditure.
A discussion on this issue was held at a Breakfast Forum entitled Tax Sets Its Eyes on Credit-Card Holders, which was organized by the Padjajaran Alumni Club and which took place in Jakarta on Wednesday, 25 May 2016.
Sinta Dewi Rosadi, a Technology, Information and Communication Law Lecturer at the Faculty of Law at Padjajaran University voiced her disagreement with the 2016 Regulation, highlighting the regulation’s potential contradiction with the Draft Bill on Personal Data Protection, which the Ministry of Communication and Information is currently planning to issue.
Mrs. Rosadi asserted that the government’s policy of accessing credit-card holders’ information totally violates any notions of a private-data protection regime, even though its ultimate aim is to increase the amount of state revenue generated through taxation. Rosadi believes that it is not necessary for the Directorate General to access credit-card information and then crosscheck it against any data reported by taxpayers.
“My point is that the currently existing self-assessment mechanism is already sufficient as a reference [for taxation purposes]. There should be no need for the government to access information pertaining to sensitive information such as credit-card expenses. Such a measure is contradictory to concept of a private-data protection regime,” asserted Mrs. Rosadi.
At least three types of violations will be made by the government if the Regulation is ultimately implemented. Firstly, a bank customer’s credit-card information is considered to be private data. Indeed, the government is supposed to not be able to access such data without obtaining the written consent of the data owner.
“There is an obligation to secure the written consent of the owner of the data in question, and such concerns thus enable the government and businesses to share or access such data. However, there are indeed exceptions which allow the government to access credit-card information under the pretext of law enforcement and national security,” asserted Mrs. Rosadi.
Secondly, credit-card holder data constitutes confidential information and is therefore heavily related to any notions of security.
“To what extent does the government protect our data? We must know how the protection system works, and how secure is it. What kind of [security protection] technology is used by the government? We have no knowledge regarding such matters. Thus, the Directorate General must be for transparent where this particular issue is concerned. At present, many consider data to be the so-called ‘black gold’ of the 21st century. It is extremely valuable, although many citizens do not really understand its value,” asserted Mrs. Rosadi.
Thirdly, private data is seen as a civil right, which the government is obliged to protect through the formulation of a clear mechanism.
“It is necessary to formulate definitive parameters in order to measure the performance of the government. Other countries have publicized their transparency parameters and rank each ministry’s information security and safety levels. The public therefore knows that, for example, any of their data which is being stored by ministry X is safe. This also promotes good governance and helps to build positive trust with various businesses,” asserted Mrs. Rosadi.
Offering further insight, Mrs. Rosadi also asserted that the provisions set out in the 2016 Regulation in fact contradict the provisions set out under the Draft Bill of Private Data Protection (Draft Bill), which is currently being deliberated by the government and which is planned to become part of the National Legislation Program during the 2017 period.
“Around 101 countries have already regulated their private data-protection regimes, including ASEAN members such as Malaysia, the Philippines, and Thailand. We [Indonesia] are lagging behind, even at the ASEAN level, which is why we must immediately harmonize the protection of private data under a single piece of legislation, as other countries do,” Mrs. Rosadi concluded.
Yon Arsal, Director of Tax-Compliance Potential at the Ministry of Finance, also ventured an opinion on this importance matter at the event. Mr. Arsal explains that he could guarantee the safety of any credit-card information submitted by banks to the Directorate General of Tax, and also revealed that such data was not the only basis upon which any tax underpayments were determined.
“Credit-card information is only one among several data indicators which are used to measure a taxpayer’s compliance. Thus taxpayers who properly report their tax obligations should encounter no problem with providing their data to the Director General. Indeed, so long as taxpayers report their tax obligations accordingly, no problem should ever arise,” Mr. Arsal asserted.
The 2016 Regulation encompasses lists of institutions, associations, or other relevant parties that are required to provide transaction data and information relating to credit-card holders to the Directorate General of Tax (Directorate General). These lists comprise of 23 banks that are currently offering credit-card services to their customers and these banks are now obliged to periodically report their customers’ credit-card information to the Directorate General every month.
This credit-card data will then be used in order to measure and compare whether any annual tax reports submitted by taxpayers match up with data held by the government or not. This credit- card data will not be the only source of information gathered by the government government, but will assist in the government’s efforts at taxpayer profiling according to their credit-card expenditure.
A discussion on this issue was held at a Breakfast Forum entitled Tax Sets Its Eyes on Credit-Card Holders, which was organized by the Padjajaran Alumni Club and which took place in Jakarta on Wednesday, 25 May 2016.
Sinta Dewi Rosadi, a Technology, Information and Communication Law Lecturer at the Faculty of Law at Padjajaran University voiced her disagreement with the 2016 Regulation, highlighting the regulation’s potential contradiction with the Draft Bill on Personal Data Protection, which the Ministry of Communication and Information is currently planning to issue.
Mrs. Rosadi asserted that the government’s policy of accessing credit-card holders’ information totally violates any notions of a private-data protection regime, even though its ultimate aim is to increase the amount of state revenue generated through taxation. Rosadi believes that it is not necessary for the Directorate General to access credit-card information and then crosscheck it against any data reported by taxpayers.
“My point is that the currently existing self-assessment mechanism is already sufficient as a reference [for taxation purposes]. There should be no need for the government to access information pertaining to sensitive information such as credit-card expenses. Such a measure is contradictory to concept of a private-data protection regime,” asserted Mrs. Rosadi.
At least three types of violations will be made by the government if the Regulation is ultimately implemented. Firstly, a bank customer’s credit-card information is considered to be private data. Indeed, the government is supposed to not be able to access such data without obtaining the written consent of the data owner.
“There is an obligation to secure the written consent of the owner of the data in question, and such concerns thus enable the government and businesses to share or access such data. However, there are indeed exceptions which allow the government to access credit-card information under the pretext of law enforcement and national security,” asserted Mrs. Rosadi.
Secondly, credit-card holder data constitutes confidential information and is therefore heavily related to any notions of security.
“To what extent does the government protect our data? We must know how the protection system works, and how secure is it. What kind of [security protection] technology is used by the government? We have no knowledge regarding such matters. Thus, the Directorate General must be for transparent where this particular issue is concerned. At present, many consider data to be the so-called ‘black gold’ of the 21st century. It is extremely valuable, although many citizens do not really understand its value,” asserted Mrs. Rosadi.
Thirdly, private data is seen as a civil right, which the government is obliged to protect through the formulation of a clear mechanism.
“It is necessary to formulate definitive parameters in order to measure the performance of the government. Other countries have publicized their transparency parameters and rank each ministry’s information security and safety levels. The public therefore knows that, for example, any of their data which is being stored by ministry X is safe. This also promotes good governance and helps to build positive trust with various businesses,” asserted Mrs. Rosadi.
Offering further insight, Mrs. Rosadi also asserted that the provisions set out in the 2016 Regulation in fact contradict the provisions set out under the Draft Bill of Private Data Protection (Draft Bill), which is currently being deliberated by the government and which is planned to become part of the National Legislation Program during the 2017 period.
“Around 101 countries have already regulated their private data-protection regimes, including ASEAN members such as Malaysia, the Philippines, and Thailand. We [Indonesia] are lagging behind, even at the ASEAN level, which is why we must immediately harmonize the protection of private data under a single piece of legislation, as other countries do,” Mrs. Rosadi concluded.
Yon Arsal, Director of Tax-Compliance Potential at the Ministry of Finance, also ventured an opinion on this importance matter at the event. Mr. Arsal explains that he could guarantee the safety of any credit-card information submitted by banks to the Directorate General of Tax, and also revealed that such data was not the only basis upon which any tax underpayments were determined.
“Credit-card information is only one among several data indicators which are used to measure a taxpayer’s compliance. Thus taxpayers who properly report their tax obligations should encounter no problem with providing their data to the Director General. Indeed, so long as taxpayers report their tax obligations accordingly, no problem should ever arise,” Mr. Arsal asserted.
(hs/sp)
Marcell Sihombing, Nando Narendra
Seminar Titled Tax Sets Its Eyes on Credit-Card Holder. Photo by: NNP.
The Minister of Finance (Minister) issued Regulation No. 39/PMK.03/2016 on 23 March 2016 (2016 Regulation), which amends Ministerial Regulation No. 16/PMK .03/2013on Details Relating to Types of Data and Information, as well as Procedures for the Provision of Data and Information for the Purposes of Taxation (2013 Regulation).
The 2016 Regulation encompasses lists of institutions, associations, or other relevant parties that are required to provide transaction data and information relating to credit-card holders to the Directorate General of Tax (Directorate General). These lists comprise of 23 banks that are currently offering credit-card services to their customers and these banks are now obliged to periodically report their customers’ credit-card information to the Directorate General every month.
This credit-card data will then be used in order to measure and compare whether any annual tax reports submitted by taxpayers match up with data held by the government or not. This credit- card data will not be the only source of information gathered by the government government, but will assist in the government’s efforts at taxpayer profiling according to their credit-card expenditure.
A discussion on this issue was held at a Breakfast Forum entitled Tax Sets Its Eyes on Credit-Card Holders, which was organized by the Padjajaran Alumni Club and which took place in Jakarta on Wednesday, 25 May 2016.
Sinta Dewi Rosadi, a Technology, Information and Communication Law Lecturer at the Faculty of Law at Padjajaran University voiced her disagreement with the 2016 Regulation, highlighting the regulation’s potential contradiction with the Draft Bill on Personal Data Protection, which the Ministry of Communication and Information is currently planning to issue.
Mrs. Rosadi asserted that the government’s policy of accessing credit-card holders’ information totally violates any notions of a private-data protection regime, even though its ultimate aim is to increase the amount of state revenue generated through taxation. Rosadi believes that it is not necessary for the Directorate General to access credit-card information and then crosscheck it against any data reported by taxpayers.
“My point is that the currently existing self-assessment mechanism is already sufficient as a reference [for taxation purposes]. There should be no need for the government to access information pertaining to sensitive information such as credit-card expenses. Such a measure is contradictory to concept of a private-data protection regime,” asserted Mrs. Rosadi.
At least three types of violations will be made by the government if the Regulation is ultimately implemented. Firstly, a bank customer’s credit-card information is considered to be private data. Indeed, the government is supposed to not be able to access such data without obtaining the written consent of the data owner.
“There is an obligation to secure the written consent of the owner of the data in question, and such concerns thus enable the government and businesses to share or access such data. However, there are indeed exceptions which allow the government to access credit-card information under the pretext of law enforcement and national security,” asserted Mrs. Rosadi.
Secondly, credit-card holder data constitutes confidential information and is therefore heavily related to any notions of security.
“To what extent does the government protect our data? We must know how the protection system works, and how secure is it. What kind of [security protection] technology is used by the government? We have no knowledge regarding such matters. Thus, the Directorate General must be for transparent where this particular issue is concerned. At present, many consider data to be the so-called ‘black gold’ of the 21st century. It is extremely valuable, although many citizens do not really understand its value,” asserted Mrs. Rosadi.
Thirdly, private data is seen as a civil right, which the government is obliged to protect through the formulation of a clear mechanism.
“It is necessary to formulate definitive parameters in order to measure the performance of the government. Other countries have publicized their transparency parameters and rank each ministry’s information security and safety levels. The public therefore knows that, for example, any of their data which is being stored by ministry X is safe. This also promotes good governance and helps to build positive trust with various businesses,” asserted Mrs. Rosadi.
Offering further insight, Mrs. Rosadi also asserted that the provisions set out in the 2016 Regulation in fact contradict the provisions set out under the Draft Bill of Private Data Protection (Draft Bill), which is currently being deliberated by the government and which is planned to become part of the National Legislation Program during the 2017 period.
“Around 101 countries have already regulated their private data-protection regimes, including ASEAN members such as Malaysia, the Philippines, and Thailand. We [Indonesia] are lagging behind, even at the ASEAN level, which is why we must immediately harmonize the protection of private data under a single piece of legislation, as other countries do,” Mrs. Rosadi concluded.
Yon Arsal, Director of Tax-Compliance Potential at the Ministry of Finance, also ventured an opinion on this importance matter at the event. Mr. Arsal explains that he could guarantee the safety of any credit-card information submitted by banks to the Directorate General of Tax, and also revealed that such data was not the only basis upon which any tax underpayments were determined.
“Credit-card information is only one among several data indicators which are used to measure a taxpayer’s compliance. Thus taxpayers who properly report their tax obligations should encounter no problem with providing their data to the Director General. Indeed, so long as taxpayers report their tax obligations accordingly, no problem should ever arise,” Mr. Arsal asserted.
The 2016 Regulation encompasses lists of institutions, associations, or other relevant parties that are required to provide transaction data and information relating to credit-card holders to the Directorate General of Tax (Directorate General). These lists comprise of 23 banks that are currently offering credit-card services to their customers and these banks are now obliged to periodically report their customers’ credit-card information to the Directorate General every month.
This credit-card data will then be used in order to measure and compare whether any annual tax reports submitted by taxpayers match up with data held by the government or not. This credit- card data will not be the only source of information gathered by the government government, but will assist in the government’s efforts at taxpayer profiling according to their credit-card expenditure.
A discussion on this issue was held at a Breakfast Forum entitled Tax Sets Its Eyes on Credit-Card Holders, which was organized by the Padjajaran Alumni Club and which took place in Jakarta on Wednesday, 25 May 2016.
Sinta Dewi Rosadi, a Technology, Information and Communication Law Lecturer at the Faculty of Law at Padjajaran University voiced her disagreement with the 2016 Regulation, highlighting the regulation’s potential contradiction with the Draft Bill on Personal Data Protection, which the Ministry of Communication and Information is currently planning to issue.
Mrs. Rosadi asserted that the government’s policy of accessing credit-card holders’ information totally violates any notions of a private-data protection regime, even though its ultimate aim is to increase the amount of state revenue generated through taxation. Rosadi believes that it is not necessary for the Directorate General to access credit-card information and then crosscheck it against any data reported by taxpayers.
“My point is that the currently existing self-assessment mechanism is already sufficient as a reference [for taxation purposes]. There should be no need for the government to access information pertaining to sensitive information such as credit-card expenses. Such a measure is contradictory to concept of a private-data protection regime,” asserted Mrs. Rosadi.
At least three types of violations will be made by the government if the Regulation is ultimately implemented. Firstly, a bank customer’s credit-card information is considered to be private data. Indeed, the government is supposed to not be able to access such data without obtaining the written consent of the data owner.
“There is an obligation to secure the written consent of the owner of the data in question, and such concerns thus enable the government and businesses to share or access such data. However, there are indeed exceptions which allow the government to access credit-card information under the pretext of law enforcement and national security,” asserted Mrs. Rosadi.
Secondly, credit-card holder data constitutes confidential information and is therefore heavily related to any notions of security.
“To what extent does the government protect our data? We must know how the protection system works, and how secure is it. What kind of [security protection] technology is used by the government? We have no knowledge regarding such matters. Thus, the Directorate General must be for transparent where this particular issue is concerned. At present, many consider data to be the so-called ‘black gold’ of the 21st century. It is extremely valuable, although many citizens do not really understand its value,” asserted Mrs. Rosadi.
Thirdly, private data is seen as a civil right, which the government is obliged to protect through the formulation of a clear mechanism.
“It is necessary to formulate definitive parameters in order to measure the performance of the government. Other countries have publicized their transparency parameters and rank each ministry’s information security and safety levels. The public therefore knows that, for example, any of their data which is being stored by ministry X is safe. This also promotes good governance and helps to build positive trust with various businesses,” asserted Mrs. Rosadi.
Offering further insight, Mrs. Rosadi also asserted that the provisions set out in the 2016 Regulation in fact contradict the provisions set out under the Draft Bill of Private Data Protection (Draft Bill), which is currently being deliberated by the government and which is planned to become part of the National Legislation Program during the 2017 period.
“Around 101 countries have already regulated their private data-protection regimes, including ASEAN members such as Malaysia, the Philippines, and Thailand. We [Indonesia] are lagging behind, even at the ASEAN level, which is why we must immediately harmonize the protection of private data under a single piece of legislation, as other countries do,” Mrs. Rosadi concluded.
Yon Arsal, Director of Tax-Compliance Potential at the Ministry of Finance, also ventured an opinion on this importance matter at the event. Mr. Arsal explains that he could guarantee the safety of any credit-card information submitted by banks to the Directorate General of Tax, and also revealed that such data was not the only basis upon which any tax underpayments were determined.
“Credit-card information is only one among several data indicators which are used to measure a taxpayer’s compliance. Thus taxpayers who properly report their tax obligations should encounter no problem with providing their data to the Director General. Indeed, so long as taxpayers report their tax obligations accordingly, no problem should ever arise,” Mr. Arsal asserted.
(hs/sp)