New Rules, State-Owned Enterprises Commissioners Must Have NPWP And Pay Taxes

JAKARTA - Minister of State-Owned Enterprises (BUMN) Erick Thohir issued a new regulation that stipulates the requirements to serve as commissioners at state-owned companies. One of the burden is that prospective commissioners must have a history of obeying taxes.

This provision is contained in the Regulation of the Minister of SOEs of the Republic of Indonesia Number Per-3/MBU/03/2023 concerning the Organization and Human Resources of State-Owned Enterprises. This regulation was signed by Erick Thohir on March 20, 2023.

In Article 18 of the Minister of State-Owned Enterprises, it is explained that the candidate for commissioner is not a member of a political party, not a member of the DPR and other requirements. There are also rules for candidates for commissioners to obey taxes and have a Taxpayer Identification Number (NPWP).

"Having a Taxpayer Identification Number (NPWP) and having carried out the obligation to pay taxes for the last 2 (two) years," as written in Article 18 Paragraph 1 letter g, quoted Thursday, April 6.

Then in Article 18 letter a the conditions that must be met are candidates not administrators of political parties, candidates for legislative members, and/or members of the legislature in the House of Representatives, Regional House of Representatives, Provincial House of Representatives, and Regional House of Representatives. Regency/City.

Still in Article 18, to be precise, letter b states that the conditions that must be met are candidates for commissioners of BUMN, not candidates for head/deputy regional heads and/or heads/deputies of regional heads, including acting regional heads/deputies.

In letter c, the prospective commissioner is also not currently occupying a position that has the potential to cause a conflict of interest with the BUMN / Subsidiary concerned.

"Not serving as a member of the Board of Commissioners/Supervisory Board at BUMN or the Board of Commissioners at the subsidiary concerned for 2 (two) periods," read Article 18 letter d.

Meanwhile, in letter e, candidates for commissioners are not currently occupying positions based on laws and regulations are prohibited from concurrently serving as members of the Board of Commissioners.

"Physical and spiritual health, who are not suffering from a disease that can hinder the implementation of his duties as a member of the Board of Commissioners/Supervisory Board, as evidenced by a health certificate from the hospital," as written in Paragraph 1 letter f.

Still in the same article, in Paragraph 2 letter a it is explained that prospective candidates from technical ministries or other government agencies must be based on a proposal letter from the head of the agency concerned.

"For prospective members of the Board of Commissioners/Supervisory Board who come from State Administrators, they must report the State Administrators Wealth Report (LHKPN) for the last 2 (two) years as evidenced by the evidence of reporting LHKPN to the competent institution," read Article 18 Paragraph 2 letter b.

Referring to the beiled, there are exceptions for the company's commissioners who come from the directors of the BUMN concerned. The rules are contained in Article 19.

"The provisions regarding the requirements for members of the Board of Commissioners of Subsidiaries as stipulated in Article 15, Article 16, and Article 18 do not apply in terms of Candidates for Members of the Board of Commissioners of Subsidiaries from members of the Board of Directors of SOEs concerned," reads Article 19.