About The Commissioner And The Board Of Directors Are Obliged To Be Responsible If The Company Loses, This Is What The Staff Of The SOE Minister Said

Special Staff to the Minister of SOEs, Arya Sinulingga. (Photo: ANTARA)

JAKARTA - The Ministry of State-Owned Enterprises (BUMN) will issue technical rules regarding the liability provisions of the Board of Commissioners and the Board of Directors of the company personally if the company suffers a loss.

This follows the issuance of Government Regulation (PP) Number 23 of 2022.

This obligation is stated in Article 59 paragraph 2 of Government Regulation (PP) Number 23 of 2022 concerning Amendments to Government Regulation Number 45 of 2005 concerning the Establishment, Management, Supervision and Dissolution of the Agency. This regulation was signed by Jokowi on 8 June 2022.

Special Staff to the Minister of SOEs, Arya Sinulingga, explained that derivative rules would be made and adjusted if there was a substantial change in the content of PP No. 45 of 2005 to PP No. 23 of 2022.

The Ministry of SOEs as the shareholder, said Arya, will continue to use the old Ministerial Regulations, if there are no significant changes.

"Every time there is a regulation like that, there are derivatives, derivative rules, there are ministerial regulations. But, for example, if there are no changes, there could be new regulations or they can also continue to use the old rules, we will see one by one the results of the PP," said Arya told reporters, Monday, June 13.

For your information, Jokowi does require the entire Board of Commissioners and Board of Directors of SOEs to be personally responsible, if they fail to carry out their duties and make the company lose money.

"The commissioners and the supervisory board are fully personally responsible for the loss of the BUMN if the person concerned is guilty or negligent in carrying out his duties," reads Article 59 Paragraph 2 of the regulation.

This responsibility is in line with the responsibilities that are also assigned to the SOE board of directors. Article 27 paragraph 2 states that each member of the Board of Directors is personally responsible for the loss of the BUMN if the person concerned is guilty or negligent in carrying out his duties.

As for paragraph 1 of Article 59 of PP No. 23/2022 concerning Amendments to Government Regulation Number 45 of 2005 concerning the Establishment, Management, Supervision, and Dissolution of State-Owned Enterprises (BUMN) it is stated that the Commissioners and the Supervisory Board must in good faith and full responsibility carry out their duties for the interests and business of BUMN .

Furthermore, in Article 59 Paragraph 3 it is stated that on behalf of the government, the Minister may file a lawsuit against a member of the Supervisory Board who due to his/her fault or negligence causes losses to BUMN.