The government, in this case the Ministry of Finance, has the intention and is planning to abolish the Rp. 3,000 and Rp. 6,000. Prior to the entry into force of the Rp 10,000 Stamp Duty Law, the stamp duty was offered at three different rates, Rp 3,000, Rp 6,000, or a combination of these rates (“Old Stamp Duty”).
Based on the Stamp Duty Law, the new stamp duty is set at a fixed rate of Rp. 10,000. The Old Stamp will remain valid with a stamp duty amounting to at least Rp. 9,000 which can be used instead of one stamp duty of Rp. 10,000. In other words, the Old Stamp Duty can be used until December 31, 2021 in one of the combinations, namely three Rp 3,000 stamps, one Rp 3,000 stamp duty and one Rp 6,000 stamp duty or two Rp 6,000 stamps.
Based on this idea, the purpose of replacing the stamp duty is to adjust the economic, legal, social situation and keep up with the development of information technology. The replacement of the stamp duty has been disclosed by Sri Mulyani regarding the plan to increase the stamp duty rate to Rp. 10,000 at a working meeting with Commission XI of the DPR RI in 2019. This increase will be stated in the Draft Law (RUU) on stamp duty which replaces the previous law, namely Law Number 13 of 1985 concerning Stamp Duty.
The Minister of Finance (Menkeu) Sri Mulyani Indrawati also said that one of the reasons for the change in the stamp duty rate needed to be updated because it had taken too long to refer to Law Number 13 of 1985. Moreover, the law was limited to only 6 times the initial rate increase.
Meanwhile, according to the law, the stamp duty rate is set at Rp. 500 and Rp. 1,000 with a maximum rate increase of only 6 times the initial maximum rate of Rp. 3,000 and Rp. 6,000. According to Sri Mulyani, this tariff is considered no longer appropriate for the current economic conditions. Sri Mulyani also said that the increase in the stamp duty rate reflects the government’s support for micro, small and medium enterprises and is expected to increase state revenues.
The new stamp duty of Rp.10,000.00 is only legally required to be imposed on documents containing an acknowledgment of repayment or repayment of debts, either in whole or in part, or documents that explain receipt of money with a nominal value of over Rp. 5,000,000.
Other basic rules of stamp duty under Law 10/2020 remain largely unchanged. However, this new regulation adds several documents regarding civil matters that must be recorded as import duties, including but not limited to securities transaction documents, including documents for future contract transactions with any name or form, auction documents in the form of excerpts, minutes, copies, and implementing deeds (grosse) and other documents regulated by Government Regulations.