X CLASS BUSINESS LAW

INSURANCE
TAXES
AND

PRESENTED BY GROUP 2
Ratikasari Avriza Alviolita (210810201076)
Dwi Nur Maulida (210810201101)
Hilwa Asy Syifa Aulia (210810201118)
DEFINITION OF INSURANCE :
M. Nur Rianto (2012:212)

Insurance is a protection mechanism for the insured party if they experience risks in the
future where the insured party will pay a premium to obtain compensation from the
insurer.

Abdul Kadir Muhammad (2002:8)

"Insurance is an agreement by which the insurer binds itself to the insured by accepting a
premium, to provide compensation to him for loss, damage or loss of expected profits
that he may suffer as a result of an event

Siti Soemarti Hartono in Sri Rejeki Hartono (2001:17)

"Insurance or coverage is an agreement in which the insurer, by enjoying a premium,
binds himself to the insured to free him from losses due to loss, loss or lack of expected
profits, which will may be suffered by him due to an uncertain event”
INSURANCE ELEMENT
1. There is an insured party
1.
2. There is an insurer
2.
3. The existence of an insurance agreement
3.
4. There is a premium payment
4.
5. There is loss, damage, or loss of profit
5.
6. There is an event that is not certain to occur
6.
TERMS OF INSURANCE :
Validity Insurance
IThe rights and obligations of the insurer and insured arise when the insurance is
closed even though the polis has not been issued. In practice, insurance
coverage is proven by approval of the application or signing of a temporary
contract (cover note) and payment of the premium.

Polis Insurance
Fungi Polis
Isi Polis
Type of Klausula Insurance (Premier Risque, All Risk, Total Loss Only, All Seen,
Renunsiasi, Free Particular Average)

Type of Insurance
Loss Insurance (Fire, Loss and damage, Marine, Transport, Credit)
Life Insurance (Accident insurance, Health insurance, Credit life insurance)
OBJECTIVE OF INSURANCE
Insured party
Risk diversion
Payment of compensation
Compensation payments
Member welfare
Reduce losses experienced and avoid
wider losses
Insurance company
Providing encouragement towards more
advanced economic development
Eliminate doubts for entrepreneurs in running
a business or job
Guarantee the capital investment of investors
Obtain results in the form of premiums in
return for services provided
INSURANCE CANCELLATION
1. Contains false or incorrect information or if the insured is not
tell things that he knows so that when they are conveyed to
the insurer will result in the insurance agreement not being
closed
INSURANCE
2. Contains a loss that existed before the insurance agreement SANCTIONS:
was signed
3. contains provisions that the insured shall receive notification
through the court release the guarantor from all future
obligations
4. There is an intelligent practice, deception or cheating of the 01 Administrative Sanctions
Business licensing;
insured Financial health;
5. If the object of insurance according to statutory regulations Business operation;
may not be traded and a ship, whether an Indonesian ship or Submission of reports
a foreign vessel used to transport the object of insurance,
according to statutory regulations may not be traded Criminal sanctions
02 Against the main
perpetrator
Against auxiliary
perpetrators
Against document
forgers
INDONESIA'S
CHALLENGES IN THE
INSURANCE INDUSTRY
Lack of awareness of insurance

Changes in insurance regulations

Insurance industry competition

Economic instability

The rise of insurance fraud cases

Threats from Indonesia's geographical

location which is prone to disasters
 DEFINITION OF TAXES
According to Prof. Dr.P.J.A Adriani in the book Basic Concepts of Taxation of Diana Sari
(2013:34) is as follows: "Tax is a public contribution to the state (which can be forced) owed
by those who are obliged to pay it according to the general regulations (Laws) by not
getting achievements that can be directly appointed and the use is to finance public
expenditures due to the state's duty to organize the government."
According to Prof. Dr. Rochmat Soemitro, SH in the book Mardiasmo (2011:1) is as follows:
"Tax is a contribution to the state treasury under the law (which can be forced) with no
lead services (contrastation) that can be directly shown and which are used to pay for
general expenses."
According to the Law of the Republic of Indonesia Number 28 Article 1 paragraph (1) of
2007 explains that: "Tax is a mandatory contribution to the state that is owed by a person
or a forceful person based on the Law, by not getting direct reciprocity and is used for the
needs of the state to the maximum the prosperity of the people."
TYPES OF TAXES:

based on nature:
subjective tax and objective tax

based on nature:
central tax and regional tax.

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 TAX COLLECTION SYSTEM

SELF ASSESSMENT THE OFFICIAL WITHHOLDING

SYSTEM ASSESSMENT SYSTEM SYSTEM

tax collection tax collection the amount of

system that system that tax is calculated
charges the imposes the by a third party
determination of authority to who is not a
the amount of tax determine the taxpayer and not
that needs to be amount of tax a tax/fiscus
paid by the owed to the fiscal officer.
taxpayer or tax apparatus
concerned. as a tax collector.
TAX ASPECTS IN THE
FIRM'S BUSINESS
Firms and individual businesses have the same treatment
regarding taxation. That is, business profits are treated as one
unit with the owner's income

Tax Savings Viewpoint

30% Firms have an advantage compared to individual
businesses, namely in terms of tax rates.

Tax Aspects
The transfer of the Company's income stream to
the owner is not considered an income stream
On the distribution of profits received by the
owner. Taxes view that members or owners of a
company are treated as one unit in calculating
PPH on business profits
PROBLEMS IN TAX
COLLECTION
1. Weakness of regulations in the field of
taxation itself,
2. Lack of socialization,
3. Low level of awareness,
4. Knowledge and economic level,
5. Databases that are not yet complete and
accurate,
6. Weak law enforcement in the form of
supervision and inconsistent sanctions.
STUDY CASE INSURANCE
Cases of failure to pay by several insurance
companies such as Wanaartha, Bumiputera,
Jiwasraya, or Kresna Life have the same case, namely
insurance failure to pay has problems with
governance or GCG Good Corporate Governance
which is not running well, including the lack of strict
supervision of investments. Over customer funds,
weak internal supervision and supervision from
the OJK is also not optimal.

In this case, it is hoped that the OJK will continue to

hear opinions from all parties. In addition, it is
important that every insurance company
strengthens its commitment to basic and
fundamental insurance service principles.
 STUDY CASE TAXES
Brief Chronology:
It all began with Vincent, who served as the Group
Financial Controller at PT AAG, breaking into the
company's safe. His actions were discovered by the
company, which promptly reported the incident to
the Jakarta Metro Police. Consequently, Vincent
became a fugitive and was threatened with death. In
December 2006, Vincent surrendered to the Jakarta
Metro Police, but before that, he visited the
Corruption Eradication Commission (KPK) to reveal
PT AAG's financial documents and digital data.
Eventually, the truth about tax evasion, causing
losses to the state amounting to trillions of rupiah,
came to light. As a result, PT AAG was fined Rp
969.675 billion. Dissatisfied, PT AAG lodged a protest
with the Directorate General of Taxes (DJP).
Conclusion:
PT Asian Agri Group indeed intended to appeal the
tax assessment determined by the DJP. However,
they were required to first pay half of the total tax
debt. PT Asian Agri Group lodged a protest,
considering the tax assessment of Rp 1.95 trillion
excessive, as it exceeded their total profits from
2002-2005, which were only Rp 1.24 trillion.
Nevertheless, PT AAG was defeated. So, despite their
objections, PT Asian Agri Group had to pay the
remaining tax debt as per the tax assessment. If PT
Asian Agri Group fails to settle the entire SKP bill
after the due date, the DJP can initiate active
collection through warnings, issuing enforcement
letters, seizure, account freezing, and asset auctions.
ANY
QUESTION?
T H A N K Y O U !