U.S. stakeholders remain concerned about the tax assessment practices of Indonesia’s Directorate General of Taxes. Key issues include a lack of transparency in the audit process, significant penalties for minor administrative errors, slow dispute resolution, and limited legal clarity due to the absence of binding precedent in Tax Court decisions. Indonesia also applies higher excise taxes to imported alcoholic beverages than to domestic ones. For drinks with 5–20% alcohol content, imported products face a 24% higher tax, while those with 20–55% alcohol are taxed 52% more. Ministry of Finance (MOF) Regulation No. 110/2018 raised withholding taxes on 1,147 imported goods, aiming to curb imports and reduce the current account deficit. MOF Regulation No. 41/2022, effective April 1, 2022, amended this by expanding the list of goods subject to pre-paid income tax at import under Article 22. It added 716 tariff lines taxed at 10%, 1,188 at 7.5%, and seven at 0.5%. Stakeholders report that obtaining refunds for excess pre-paid tax is complex and often takes years.
Corruption remains a major concern for many stakeholders conducting business in Indonesia, despite efforts by the Indonesian Government and the Corruption Eradication Commission to investigate and prosecute high-profile cases. This persistent perception highlights the ongoing challenges in improving governance and ensuring accountability in both public and private sectors. Other barriers include inadequate coordination among government agencies, delays in land acquisition processes for infrastructure projects, and weak enforcement of contracts. Businesses also face an unpredictable regulatory and legal environment, irregular tax assessments, and limited transparency in how laws and regulations are developed and implemented. U.S. stakeholders, in particular, have reported difficulties when seeking legal remedies in contractual disputes. They often face the burden of addressing baseless counterclaims and have expressed increasing alarm over the trend of treating civil contractual matters as criminal offenses,