Scientia Business Law Review
Vol. 1 No. 1 (2022): Scientia Business Law Review

E-PARTICIPATION IN THE MANAGEMENT OF TOBACCO EXCISE PRODUCTION SHARING FUNDS: AN INITIATION TO STRENGTHEN THE PRINCIPLES OF DECENTRALIZATION IN INDONESIA

Aditya Wirawan (Faculty of Law, Universitas Sriwijaya, Palembang, Indonesia)
Retno Saraswati (Faculty of Law, Universitas Diponegoro, Semarang, Indonesia)
Nabitatus Sa’dah (Faculty of Law, Universitas Diponegoro, Semarang, Indonesia)
Reny Yemimalina Sinaga (Local Government of Central Tapanuli Regency, Indonesia)



Article Info

Publish Date
26 Aug 2022

Abstract

The implementation of the Tobacco Excise Production Sharing Fund (Dana Bagi Hasil Cukai Hasil Tembakau/DBHCHT) still leaves a disharmony between justice and public benefit, considering that even though the revenue from tobacco excise revenue has increased, the allocation has not been able to cover losses in several impovitalas of the state, such as the field of community welfare, law enforcement, and health on the justification for the less control of cigarettes in society on behalf of excise levies on tobacco products. Two main conclusions were drawn based on a normative juridical study with a focusing principle of decentralization. First, there are still several obstacles and challenges in the management of DBHCHT in Indonesia due to the inadequate participation of the stakeholders involved in the implementation of DBHCHT. Second, e-participation, which includes e-information, e-consultation, and e-cooperation, is needed so that the performance of DBHCHT management in Indonesia can run ideally based on the principle of decentralization. Even though the private industry holds the cigarette trade, it is compulsory to transfer the actual CHT as the mandate of decentralization principle in the 1945 Constitution due to the DBHCHT that local governments must accept in carrying out their functions and duties to develop their regions. It is recommended that the central government build an online DBHCHT system, including a website, to accommodate the running of e-participation so that decentralization in the implementation of DBHCHT produces the expected outputs and outcomes.

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Journal Info

Abbrev

sblr

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Scientia Business Law Review aims to provide detailed assessment of key areas of business law, to identify the developments and changes in business law, and to be the reputable source of information on business law globally.   Scientia Business Law Review publishes articles on contractual law, ...