JAKARTA - Chairman of the Corruption Eradication Commission (KPK) Setyo Budiyanto said Law Number 1 of 2025 concerning SOEs has limited his institution in handling allegations of corruption. One of the articles mentioned is the status of state administrators on the board of directors, board of commissioners, and supervisory board.
"KPK interprets that there are several provisions that are considered to limit the authority of the KPK in conducting investigations, investigations, and prosecutions of corruption crimes that have occurred in BUMN," Setyo said in a written statement to reporters, Wednesday, May 7.
Even so, Setyo said his agency would continue to investigate allegations of corruption at state-owned companies. This decision is based on a study that has been carried out.
Setyo then explained a number of articles that were in the spotlight and were considered to limit the work of the KPK. For example, Article 9G of Law Number 1 of 2025 states that members of the board of directors / board of commissioners / supervisors of SOEs are not state administrators.
According to him, the results of this article's study are actually contradictory to the scope of state administrators which are regulated in Article 1 paragraph 1 and Article 2 paragraph 7 of Law Number 28 of 1999 concerning the Implementation of a State that is Clean and Free from Corruption, Collusion, and Nepotism.
He referred to the regulation as special administrative law regarding the regulation of state administrators, which aims to combat the KKN.
"So, it is very reasonable if in the context of law enforcement, corruption is related to the provisions of the KPK state administrators based on Law Number 28 of 1999," he said.
Setyo also said that the explanation of Article 9G of the BUMN Law had been formulated which reads: "It does not mean that it is not a state administrator who is the administrator of BUMN status as a state administrator will be lost".
"Thus, the KPK concluded that Members of the Board of Directors / Board of Commissioners / Councils / Supervisors of SOEs remain State Administrators in accordance with Law Number 28 of 1999," explained the former Director of Investigation of the KPK.
Therefore, not only has the right to investigate allegations of corruption but officials in BUMN must also submit reports of assets of state administrators (LHKPN) and report receipts of gratuities.
Another article that was also highlighted by Setyo was Article 4B of Law Number 1 of 2025 concerning BUMN Losses, not State Financial Losses, and Article 4 paragraph (5) concerning state capital in SOEs, which is the wealth of SOEs.
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According to him, the Constitutional Court (MK) number: 48/PUU-XI/2013 and 62/PUU-XI/2013 which was later upheld by decision number: 59/PUU-XVI/2018 and 26/PUU-XIX/2021 became a reference and has become the end of the polemic of separated state wealth.
The Constitutional Court stated that the constitutionality of state finances that are separated is still part of state finances. Including this, SOEs which are derivatives of state control so that all regulations under the Constitution must not deviate from the interpretation of the Constitutional Court's constitution.
"Thus, the KPK concluded that the loss of SOEs was a state financial loss that could be charged with criminal liability (TPK) to the Directors/Commissioners/Supervisors of SOEs," said Setyo.
"This can be done as long as state financial losses that occur in BUMN occur due to acts against the law / abuse of authority / deviation on the principles of Business Judgment Rule (BJR) vide Article 3Y and 9F of Law No.1 of 2025, for example caused by Fraud, Bribery, not carried out with good faith, there is a conflict of interest, and neglect to prevent the emergence of state finances, which is carried out by the Directors / Commissioners / Supervisors of BUMN," he continued.
From these various descriptions, it is said that Setyo is still authorized to investigate allegations of corruption in BUMN. "This is also in line with Article 11 paragraph (1) letters a and b of Law 19/2019 concerning the KPK and Constitutional Court Decision Number 62/PUU-XVII/2019, where the word and/or in the article can be interpreted cumulatively or alternatively," explained Setyo.
"This means that the KPK can handle corruption cases in BUMN if there are state administrators, there are state financial losses, or both."
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