Deputy Minister Tiko Denies SOE Directors Are Immune To Law: Can Be Processed If There Is Fraud

Pertamina's Director of Central and Commercial Marketing Patra Niaga Maya Kusmaya (left) has been named a suspect in the alleged corruption case in crude oil management and refinery products at PT Pertamina Subholding and Cooperation Contract Contractors (KKKS) in 2018-2023. (Photo: ANTARA)

The Ministry of State-Owned Enterprises (BUMN) has opened its voice regarding the news that the directors and commissioners of state-owned companies are above the law, in line with the issuance of Law (UU) Number 1 of 2025 concerning SOEs.

For your information, in this regulation, the board of directors and commissioners of SOEs is no longer included in the category of state administrators.

Meanwhile, in the Corruption Eradication Commission (KPK) Law, anti-corruption agencies can only investigate corruption by state officials.

In this regard, Deputy Minister of BUMN Kartika Wirjoatmodjo explained, the purpose of Law Number 1 of 2025 is corporate action with the action of state losses.

"Where will the actions of the BUMN directors and commissioners after the full implementation of this Law, as long as after the transition it is considered a corporation separate from state finances," he said during a meeting with Commission VI of the DPR, at the DPR Building, Jakarta, Tuesday, May 6.

The man who is familiarly called Tiko said that there are still other laws that can ensnare SOE directors and commissioners if they are caught in a fraud.

There is a Company Law, Criminal Code, civil and criminal, then there is a capital market, the Bankruptcy Law. So if there is a fraud and misappropriation occurs in the management of the company, it can still be processed legally. That's for sure," he said.

Tiko explained, in the context of the flow of state finances, PSO, compensation subsidies and so on, they can still be audited.

In addition, there are still aspects of state losses in the context of direct state financial flows, which go through the state budget.

Furthermore, Tiko said, the rule in question is the separation between the function of BUMN as a corporation in the Limited Company Law and others, with SOEs as the implementation of PSO which does oversee the flow of state finances directly through the State Budget.

"This is indeed a separation, of course later in its implementation we will be very open," he said.

He added that the Ministry of SOEs continues to communicate and cooperate with the Supreme Audit Agency (BPK), the Corruption Eradication Commission (KPK), and the Financial and Development Supervisory Agency (BPKP), as well as the Attorney General's Office (AGO).

"So this is very clear, it does not mean that the directors of SOEs and commissioners are not immune to the law in the future," he said.