GORONTALO - Head of the Gorontalo Ministry of Law and Human Rights Regional Office, Heni Susila Wardoyo, said that the purpose of disclosing Beneficial Ownership or BO is to provide transparency of data on beneficial owners of corporations so that complete and accurate data can be obtained.
Another goal, he said, is to achieve the service standards that have been set in providing legal certainty for the parties and encouraging the prevention and eradication of criminal acts of money laundering and terrorism financing, supporting ease of investment and fostering trust for investors.
"This is an additional authority for a notary. This authority is in the form of a process of obtaining more accurate information on the data of notary service users," he said during the socialization of the BO policy with the theme 'Implementation of Transparency in BO Reporting in the Context of Enforcement of Money Laundering Crimes and Terrorism Financing' in Gorontalo City, quoted by Antara, Thursday 19 May.
He explained, the definition of BO in Permenkumham No. 15 of 2019 and Permenkumham No. 21 of 2019 is an individual who can appoint or dismiss directors, board of commissioners, management, coaches, or supervisors in corporations.
The BO also has the ability to control the corporation, is entitled to and/or receives benefits from the corporation either directly or indirectly, is the real owner of the funds or shares of the corporation and or meets the criteria as referred to in the laws and regulations.
Permenkumham Number 15 of 2019 and Permenkumham Number 21 of 2019 said Kakanwil, are implementing regulations of Presidential Regulation Number 13 of 2018 concerning the Application of the Principle of Recognizing the Beneficial Owner of Corporations in the Framework of Preventing the Eradication of Money Laundering and Terrorism Financing.
Therefore, it is hoped that it can become a legal umbrella for the era of public transparency on corporate ownership as well as new ammunition for efforts to prevent and eradicate money laundering and terrorism financing crimes, which so far have many material actors hiding behind corporations.
For the effective implementation of the principle of recognizing the beneficial owner of the corporation according to the Head of the Regional Office, it is necessary to carry out an inventory in order to obtain accurate information on the beneficial owner, and encourage corporations to convey information on the beneficial owner of the corporation correctly at the time of application for establishment, registration, and/or approval of the corporation.
Submission of BO information can be done by a notary, the founder or management of the corporation or other parties who are authorized by the founder or management of the corporation. Meanwhile, the means to convey this information can be done electronically through AHU Online.
AHU Online is an Online Public Service system owned by the Directorate General of General Legal Administration, Ministry of Law and Human Rights of the Republic of Indonesia.
"This regulation also regulates the procedures for exchanging BO information for the benefit of law enforcement agencies, government agencies and state authorities or other jurisdictions," he said.
In addition, the exchange of BO information is also carried out electronically. Supervision in the implementation of BO principles is carried out by the Minister of Law and Human Rights through the Director General of General Legal Administration, including the imposition of sanctions if violations are found.
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