Allegedly Blocking Tax Payment, Foreign Company For Alcoholic Drinks Sued At South Jakarta District Court

JAKARTA - A foreign company engaged in the distribution of alcoholic beverages was sued at the South Jakarta District Court (PN) for allegedly auctioning off its plaintiff, namely PT KSJ, to pay taxes. The lawsuit is stated in the Case Information Investigation system number 641 / Pdt.G / 2022 / PN.JKT.SEL. In the lawsuit, PT KSJ included material losses of more than Rp. 4.5 billion and immaterial losses of Rp. 100 billion.

In the trial held, the defendant, namely PT PRI presented an expert witness from the National University, Basuki Rekso Wibowo. During the trial, there was a debate between PT KSJ's attorney, Wincen Santoso, and an expert witness regarding the defendant's actions allegedly preventing the plaintiff from paying VAT.

"If there is a party making a service agreement that regulates the cost, for example Rp. 50 million with VAT, consider it 10 percent, namely Rp. 5 million to Rp. 55 million and there is an arbitration clause, if the money has been received and the paying party obstructs using the money, whether the act hinders it is the scope of arbitration," Wincen said after the trial, Wednesday, March 29.

"Surprisingly, the expert witness said he chose not to answer," he added.

Wincen admitted that he objected to the expert's statement and questioned the reason why the question was not answered.

"What is this? If the expert is independent, he should just answer according to the applicable legal provisions, why should he refuse to answer," he said.

Meanwhile, PT PRI attorney Jeffry Suriatin, said that his party had filed an absolute competency exception. "This, each party has its own argument, if according to the plaintiff that the lawsuit has been filed, then in our opinion it is not true," he said.