Regional retribution is regional income for special services engaging private/institution interest issued by regional government. However retribution could also take form of forced levies if the adjustment lack of formulation determined in Act. Mohammed Khosaini delivered the statement, given his status as witness, presented by PT Kame Komunikasi in judicial review on Act 28/2009 about regional Taxes (UU Pajak Daerah). The hearing was held on Thursday (10/2) at MK Plenary Room.

 “In Article 151, 152, and 161, stated that amount of retribution calculated on multiply service level to tariff. If service tariff is beyond easy to sum, then the formulation is determined after regional government ruling, in one condition that the formulation must reflect the service implication,” he said toward Chief Justice Hamdan Zoelva.

Khosairi explained that in his opinion, Article 124 Regional Tax Act failed to describe its own terms. “The Article should have contained formula, and how much service given by government related to telecommunication tower, this condition accentuates something’s fishy in the ruling of the Act,” he described. 

Meanwhile, another plaintiff, Budi Sitepu added that regional government cannot hinder to cut telecommunication tower to erect, because the taxes determined by central government. In terms of aesthetic, erected communication towers unmatched the concept of spatial planning, leads to environment disturbance. “The towers are contended in several areas, environmental disturbance spurred anger from local resident,” he said.  

In contrast, several regional executives view that telecommunication companies affect nothing to the growth of regional development, thus levies from telecommunication disbursed directly to the central government, without any “leakage” to just splash regional’s savings. “All of the cash flow to central’s pocket, none left to us. Regional government demand for shares,” he explained. (Lulu Anjarsari/mh/kun)