Author
Listed:
- Faizin, Mu'adil
(IAIN Metro)
Abstract
The issuance of Law No. 9 of 2017 concerning Establishment of PERPU No. 1 of 2017 Becoming an Act not only signals the end of the Bank's confidentiality era, but also shows the limitations of juridical studies in resolving conflicts of interest in law. Therefore, in this paper there will be an examination through the theory of Maqashid Shari'ah, with the hope of mapping the contradictions between the existing norms of rules, and then finding patterns of resolution through multidimensional studies that are free from rigid legal normativity. From the results of the study it was found that according to the normative juridical perspective, the cancellation of the Bank's Confidentiality provisions for taxation information in the event of a legal conflict was the most likely offer to be implemented. This perspective is most likely to be applied despite the limitations of classical normative juridical studies, which only examine in a monodimensional, and rigid manner. Meanwhile in the analysis using the perspective of Maqashid Syari'ah which is Multidimensional, two offers are found to resolve patterns of legal conflict, namely making the needs / conditions of state emergencies as part of Priority Maqashid, or making Protection a part of priority Maqashid, by combining the goals / the purpose of Bank Confidentiality (customer protection), the purpose / purpose of Accessing Tax Information (state development), becomes a new principle, namely, the principle of Customer Health
Suggested Citation
Faizin, Mu'adil, 2020.
"Kerahasiaan Bank Kontra Akses Informasi Perpajakan Ditinjau Dari Maqashid Syari’ah Multidimensi,"
OSF Preprints
f4ku3, Center for Open Science.
Handle:
RePEc:osf:osfxxx:f4ku3
DOI: 10.31219/osf.io/f4ku3
Download full text from publisher
Corrections
All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:osf:osfxxx:f4ku3. See general information about how to correct material in RePEc.
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
We have no bibliographic references for this item. You can help adding them by using this form .
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: OSF (email available below). General contact details of provider: https://osf.io/preprints/ .
Please note that corrections may take a couple of weeks to filter through
the various RePEc services.