Determination of Advertising Tax in the Event of Determining Tax Payable is Based on the Display of Advertising in Accordance With Regional Regulation of Surabaya City Number 7 of 2023 Concerning Regional Tax
DOI:
https://doi.org/10.38035/jlph.v5i4.1618Keywords:
Advertisement Tax, Advertising ControlAbstract
Taxes are a source of state income which is very important for the continuity of government programs and activities. One type of tax that is the object of regional tax is Advertisement Tax, which is imposed on the basis of carrying out advertisements in an area. Advertisement Tax Debt arises as the advertisement is carried out, although tax payments can only be made after the Regional Tax Assessment Letter is issued based on a request from the advertisement operator. If the advertisement organizer does not register the advertisement, the Regional Government can issue a Regional Tax Assessment Letter ex officio to encourage optimization of advertisement tax revenues. Apart from that, advertising must also pay attention to the city planning and existing space to maintain the aesthetics of the city. Regional Regulation Number 5 of 2019 is expected to provide legal certainty and ensure that the implementation of advertising does not conflict with spatial planning. Even though the Advertisement Tax has been paid, the issuance of a permit to operate advertisements cannot be done simply without paying attention to the provisions in regional regulations. As part of efforts to control advertisements and to ensure tax optimization in line with spatial planning provisions, taxes must carry out a regular function through the application of tax disincentives to advertisements that do not comply with existing planning regulations
References
Adrian Sutedi, Tax Law , Sinar Grafika, Jakarta, 2019;
Adrian Sutedi, Licensing Law in the Public Service Sector , Sinar Grafika, Jakarta, 2010;
Amelia Cahyadini, Tax Law in the Digital Era , PT Refika Aditama, Bandung, 2024;
Aris Prio Agus Santoso, et al., Introduction to Tax Law , Pustakabarupress, Yogyakarta, 2022;
NM Spelt and JBJM Ten Berge, Introduction to Licensing Law , Yuridika, Surabaya, 1992;
Philipus M. Hadjon, et al., Introduction to Indonesian Administrative Law , Gajah Mada University Press, Yogyakarta, 2002;
Peter Mahmud Marzuki, Introduction to Legal Science , Prenadamedia Group, Jakarta, 2008;
Ridwan HR, State Administrative Law , Rajawali Press, Depok, 2018;
Rusdianto Sesung, Regional Autonomy Law of Unitary States, Special Regions and Special Autonomous Regions , PT Refika Aditama, Bandung, 2013;
SF. Marbun and Moh. Mahfud MD, Principles of State Administrative Law , Liberty, Yogyakarta, 2009;
WF Prins and R. Kosim Adisapoetra, Introduction to the Science of State Administrative Law , Pradnya Paramita, Jakarta, 1982;
Y. Sri Pudyatmoko, Licensing Problems and Improvement Efforts , PT. Gramedia Widiasarana Indonesia, Jakarta, 2009;
Endang Winarsih, Evaluation of Calculation, Deduction, Deposit and Reporting of Income Tax (Pph) Article 21 a Permanent Employee (Case Study at Regional Office V I P T Pegadaian Makassar) , Journal of Taxation Research Vol. 1 No. 2, December 2022;
The 1945 Constitution of the Republic of Indonesia
Law Number 16 of 1950 concerning the Establishment of Regions Big City In Environment of East Java Province, Central Java, West Java and Within the Region Special Yogyakarta (State Gazette of the Republic of Indonesia 1950 Number 45)
Law Number 6 of 1983 concerning General Provisions and Tax Procedures (State Gazette of the Republic of Indonesia of 1983 Number 49 Supplement to the State Gazette of the Republic of Indonesia Number 4725) as last amended by Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures (State Gazette of the Republic of Indonesia of 2007 Number 85 Supplement to the State Gazette of the Republic of Indonesia Number 4740)
Law Number 28 of 2002 concerning Building Construction (State Gazette of the Republic of Indonesia 2002 Number 134, Supplement to the State Gazette of the Republic of Indonesia Number 4247);
Law Number 26 of 2007 concerning Spatial Planning (State Gazette of the Republic of Indonesia 2007 Number 68, Supplement to the State Gazette of the Republic of Indonesia Number 4725);
Law Number 25 of 2009 concerning Public Services (State Gazette of the Republic of Indonesia 2002 Number 1 12 , Supplement to the State Gazette of the Republic of Indonesia Number 5038 );
Law Number 12 of 2011 concerning the Establishment of Legislation (State Gazette of the Republic of Indonesia of 2011 Number 82, Supplement to the State Gazette of the Republic of Indonesia Number 5234) as amended several times, most recently by Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Establishment of Legislation (State Gazette of the Republic of Indonesia of 2022 Number 143, Supplement to the State Gazette of the Republic of Indonesia Number 6801);
Constitution Number 23 Year 2014 about Government Region (State Gazette of the Republic of Indonesia 2014 Number 244, Supplement to the State Gazette of the Republic of Indonesia Number 5587) as amended several times, most recently by Law Number 9 Year 2015 about Change Second on Law Number 23 of 2014 concerning Regional Government (State Gazette of the Republic of Indonesia 2015 Number 58, Supplement to the State Gazette of the Republic of Indonesia Number 5679);
Law Number 30 of 2014 concerning Government Administration (State Gazette of the Republic of Indonesia 2014 Number 292, Supplement to the State Gazette of the Republic of Indonesia Number 5601);
Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments (State Gazette of the Republic of Indonesia 2022 Number 4, Supplement to the State Gazette of the Republic of Indonesia Number 6757);
Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation (State Gazette of the Republic of Indonesia 2022 Number 238, Supplement to the State Gazette of the Republic of Indonesia Number 6841);
Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law (State Gazette of the Republic of Indonesia 2023 Number 41, Supplement to the State Gazette of the Republic of Indonesia Number 6856)
Government Regulation No. 5 of 2021 concerning the Implementation of Risk-Based Business Licensing (State Gazette of the Republic of Indonesia 2021 Number 15, Supplement to the State Gazette of the Republic of Indonesia Number 6617)
Government Regulation Number 6 of 2021 concerning the Implementation of Business Licensing in Regions (State Gazette of the Republic of Indonesia 2021 Number 16, Supplement to the State Gazette of the Republic of Indonesia Number 6618)
Government Regulation Number 6 of 2021 concerning the Implementation of Business Licensing in Regions (State Gazette of the Republic of Indonesia 2021 Number 16, Supplement to the State Gazette of the Republic of Indonesia Number 6618)
Government Regulation Number 16 of 2021 concerning Implementing Regulations of Law Number 28 of 2002 concerning Buildings (State Gazette of the Republic of Indonesia 2021 Number 26, Supplement to the State Gazette of the Republic of Indonesia Number 6628);
Government Regulation Number 21 of 2021 concerning the Implementation of Spatial Planning (State Gazette of the Republic of Indonesia 2021 Number 31, Supplement to the State Gazette of the Republic of Indonesia Number 6633);
Government Regulation Number 35 of 2023 concerning General Provisions on Regional Taxes and Regional Levies (State Gazette of the Republic of Indonesia 2023 Number 85, Supplement to the State Gazette of the Republic of Indonesia Number 6881);
Decree of the Minister of Home Affairs Number 15 of 1999 concerning Guidelines for Calculating Advertising Rental Value;
Surabaya City Regional Regulation Number 7 of 2009 concerning Buildings (Surabaya City Regional Gazette of 2009 Number 7, Supplement to Surabaya City Regional Gazette Number 7) as amended by Surabaya City Regional Regulation Number 6 of 2013 concerning Amendments to Surabaya City Regional Regulation Number 7 of 2009 concerning Buildings (Surabaya City Regional Gazette of 2013 Number 6, Supplement to Surabaya City Regional Gazette Number 6);
Surabaya City Regional Regulation Number 4 of 2014 concerning Public Service Providers (Surabaya City Regional Gazette 2014 Number 4 Supplement to Surabaya City Regional Gazette Number 4)
Surabaya City Regional Regulation Number 12 of 2014 concerning the Surabaya City Spatial Planning Plan for 2014-2034 (Surabaya City Regional Gazette 2014 Number 12, Surabaya City Regional Gazette Supplement Number 10);.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2025 Yohanes Franklin, Rusdianto Sesung

This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish their manuscripts in this journal agree to the following conditions:
- The copyright on each article belongs to the author(s).
- The author acknowledges that the Journal of Law, Poliitic and Humanities (JLPH) has the right to be the first to publish with a Creative Commons Attribution 4.0 International license (Attribution 4.0 International (CC BY 4.0).
- Authors can submit articles separately, arrange for the non-exclusive distribution of manuscripts that have been published in this journal into other versions (e.g., sent to the author's institutional repository, publication into books, etc.), by acknowledging that the manuscript has been published for the first time in the Journal of Law, Poliitic and Humanities (JLPH).