KPPU Surati Erick Thohir Regarding The 'Old Song' Of The Rise Of BUMN Commissioners And Directors With Multiple Positions

Minister of BUMN, Erick Thohir. (Photo: Doc. Ministry of BUMN)

JAKARTA - The Business Competition Supervisory Commission (KPPU) noted that 62 BUMN officials held concurrent positions in non-BUMN companies. This number consists of the board of commissioners and directors from a number of clusters of state companies.

The details are 31 directors / commissioners in the financial, insurance sector, 12 directors / commissioners in the mining sector and 19 directors / commissioners in the construction sector. Even multiple positions for one personnel in a certain sector, namely mining, can reach 22 companies.

KPPU is indeed highlighting the policy of the Ministry of State-Owned Enterprises (BUMN) under the Minister of BUMN Erick Thohir, which allows for concurrent positions between the Board of Commissioners or the Supervisory Board of BUMN and the Board of Commissioners of companies other than BUMN.

Regulation of the Minister of BUMN Number PER-10 / MBU / 10/2020 concerning Amendments to the Regulation of the Minister of BUMN Number PER-02 / MBU / 02/2015 concerning Requirements and Procedures for Appointing and Dismissing Members of the Board of Commissioners and the Supervisory Board of BUMN (PermenBUMN).

In Chapter V letter A (Multiple Positions) in the attachment to the SOE Ministerial Regulation Number PER-10 / MBU / 10/2020. The regulation was signed on October 9, 2020 and takes effect on the date of promulgation, namely October 16, 2020.

Deputy for Research and Advocacy, KPPU Secretariat Taufik Ariyanto said that concurrent positions as commissioners could result in market control because products and services from non-state-owned companies and state-owned companies complement each other.

"So the companies concerned that are concurrent with each other can carry out market control practices that add to other competition and various discriminatory practices," he said in a virtual press conference, Monday, March 22.

KPPU considers that Erick Thohir's Permen is contrary to Law Number 5 Year 1999. This regulation explains the prohibition of monopolistic practices and unfair business competition. The directors or commissioners referred to in the regulation are not limited to legal entities in the form of Limited Liability Companies (PT), but include foundations, firms, civil associations, CVs or cooperatives.

Regarding the prohibition of concurrent positions according to Article 26, the Business Competition Law also regulates the provisions of the sanctions. As stated in Article 47 of Law No. 5/1999, KPPU has the authority to impose administrative sanctions on business actors who violate the provisions of Article 26, among others in the form of:

KPPU interprets the directors and commissioners in this Article 26 as the top leaders and supervisors of non-PT companies that are legal entities. So, a person is prohibited from being the director of the company and the manager of the cooperative at the same time. With the record, the two companies are engaged in businesses that compete with each other in the same relevant market.

"KPPU will prove that concurrent positions will result in monopolistic practices. How will this result from the practices that have been mentioned earlier? And of course, reflecting on these things, because this is urgent, we reported it to the commissioner and the commission some time ago it was approved. to recommend giving consideration to the Minister of BUMN, "he said.