YOGYAKARTA - Have you heard the term independent commissioner of the envoy and commissioner? So what's the difference? Let's find out the different commissioners of the envoy and independent commissioners below.
Independent Commissioner
Independent Commissioner for Article 120 paragraph (2) of Law No. 40 of 2007 concerning Limited Cash (UUPT), namely commissioners from outside parties:
The Independent Commissioner contained in the guidelines for good governance of the Company (code of good corporate governance) is "Commissioner from outside".
The Company's basic budget can regulate the existence of 1 (one) person or more independent commissioners and 1(one) commissioner of the envoy.
Independent commissioners were raised based on the decision of the General Meeting of Shareholders (GMS') from parties who were not affiliated with the main shareholders, members of the Board of Directors and/or members of the Board of Commissioners.
Meanwhile, according to Article 1 point 2 jo. Article 6 of the Financial Services Authority Regulation Number 55/POJK.04/2015 of 2015 concerning the Establishment and Guidelines for the Work Implementation of the Audit Committee (OJK Regulation 55/2015), Independent Commissioners are members of the Board of Commissioners who come from outside the Issuer or Public Company and meet the requirements as referred to in the Financial Services Authority Regulation Number 33/POJK.04/2014 concerning the Board of Directors and Commissioners of Issuers or Public Companies (OJK Regulation 33/2014).
To become an Independent Commissioner, you must meet the following requirements:
4. has never been a member of the Board of Directors and/or a member of the Board of Commissioners who has served:
Commissioner of Envoys
The Commissioner of Envoys is a member of the DK appointed based on the decision of the DK meeting[8]
The duties and authorities of the Commissioner of the Envoy were inaugurated in the Company's articles of association with conditions that were not contrary to the duties and authorities of the Board of Commissioners and did not reduce the management duties carried out by the Board of Directors.[9]
Yahya Harahap (hal. 478) commented that the legal role of the Commissioner of the Envoy was part that was not separated from the DK, where the Commissioner of the Envoy was one of the members of the DK and was appointed as Commissioner of the Envoy sourced in the decision of the DK meeting.
The one who appointed him as a member of the DK was indeed the GMS in accordance with the requirements of Article 111 paragraph (1) of the UUPT. But the one who appointed him as Commissioner of the Envoy was DK which was stated in the form of the decision of the DK meeting.[10]
So it is sourced in this description that we can observe that the Commissioner of the Envoy is one of the DK members appointed to come from the DK meeting, as well as the legal role of the Commissioner of the Envoy is an inseparable part of the DK itself.
The conclusion
So answering your question, the difference between the Independent Commissioner and the Commissioner of the Envoy is that the Independent Commissioner is a commissioner who comes from outside parties who are not affiliated with the company's main shareholders, members of the company's board of directors, and other DK members.
Meanwhile, the Commissioner of Envoys is a member of the DK and is still an inseparable part of the DK itself.
Another difference is that the Independent Commissioner is appointed based on the decision of the GMS, while the Commissioner of the Envoy is appointed based on the decision of the DK meeting.
So after knowing the different commissioners of the envoy and independent commissioner, see other interesting news on VOI, it's time to revolutionize news!
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