Revision Of The BUMN Law Not Prohibited Echelon I Multiple Commissioners

Minister of Law Supratman Andi Agtas. (Photo: Doc. Antara)

JAKARTA - Revision of the State-Owned Enterprises Law (UU BUMN) does not prohibit echelon 1-level officials from holding concurrent positions as commissioners. The government and Commission VI of the DPR RI only agreed on a ban on concurrent positions for ministers and deputy ministers (wamen).

Minister of Law Supratman Andi Agtas said that the revision of the BUMN Law only accommodates the decision of the Constitutional Court (MK) Number 128-PUU-XXIII-2025 regarding the prohibition of concurrent positions for ministers and vice ministers.

However, Supratman said the ban on concurrent positions as a BUMN does not apply to echelon I officials of the ministry.

"What is now decided by the Constitutional Court is only ministers and deputy ministers who cannot concurrently. To this day there has been no (ban for echelon I)," he said at the DPR Building, Jakarta, Friday, September 26.

According to Supratman, representatives of the government are still needed in the BUMN structure to carry out surveillance. Also, ensuring that the company's policies can be in line with the interests of the state.

"Yes (it can still be echelon I) because the government representatives must be there," said Supratman.

For your information, the Constitutional Court through decision number 128/PUU-XXIII/2025 prohibits concurrent positions not only at the ministerial level but also the deputy minister (wamen). Referring to the Constitutional Court's decision, the transition period is given for two years so that the government has time to adjust the regulation.

Previously, Deputy Chairman of Commission VI of the DPR and Chair of the Panja for the Revision of the BUMN Law, Andre Rosiade, said the Working Committee (Panja) had held a series of meetings in the context of discussing the Draft Law on the fourth Amendment to Law Number 19 of 2003 concerning State-Owned Enterprises.

Andre said there were 11 points in the revision of the Law on the fourth amendment to Law Number 19 of 2003 concerning State-Owned Enterprises (BUMN).

One of them, said Andre, is the regulation related to institutions that carry out government duties in the BUMN sector with the nomenclature of the BUMN Regulation Agency which is then called BP BUMN.

"So earlier the name was the BUMN Regulatory Agency which was later called BP BUMN," he said.

The following are the details of 11 points of change as stated in the Revision of the BUMN Law:

1. Arrangements related to institutions that carry out government duties in the BUMN sector with a nomenclature of the BUMN Regulation Agency which is subsequently called BP BUMN.

2. Adding the authority to play the role of BP BUMN in optimizing the role of SOEs.

3. Regulation of series A Dwi Warna's dividend shares is managed directly by BP BUMN with the approval of the President.

4. Prohibition of concurrent positions for the Minister and Deputy Minister at the Board of Commissioners and Councils or the Supervisory Board of SOEs as a follow-up to the decision of the Constitutional Court.

5. Deleting the provisions of members of the Board of Directors, members of the Board of Commissioners and Supervisory Board are not state administrators.

6. Gender equality for BUMN employees who occupy the position of Director of Commissioners and Manager Positions at BUMN.

7. Taxation treatment for transactions involving the Operational Holding Body, Investment Holding or third party is regulated in Government regulations.

8. Regulate the election of SOE management which is designated as a fiscal tool from BP BUMN

9. Regulation of the SOE's financial audit authority by the Supreme Audit Agency

10. Arrange an alignment mechanism from the Ministry of SOEs to BPBUMN.

11. Arrangement of the term of concurrent term of office of the Minister or Deputy Minister as BUMN organs since the decision of the Constitutional Court was pronounced, as well as other substantial arrangements.