JAKARTA – The Corruption Eradication Commission (KPK) has affirmed that the enactment of Law No. 1 of 2025 concerning State-Owned Enterprises (SOEs) will not hinder efforts to enforce the law against corruption within SOEs. According to the KPK, the new legislation remains in line with the authority of the anti-corruption agency to conduct investigations, inquiries, and prosecutions involving SOE officials.
KPK Chairman Setyo Budiyanto emphasized that despite the new SOE Law, the positions of directors, commissioners, and supervisory boards continue to be recognized as state officials. Therefore, the KPK retains strong legal grounds to act when corruption is suspected.
“The KPK maintains its authority to take action against SOE officials in cases of abuse of power or unlawful acts that cause state losses,” Setyo stated.
He added that this authority is rooted in Article 11 paragraph (1) letters a and b of Law No. 19 of 2019 on the KPK, and is reinforced by Constitutional Court Decision No. 62/PUU-XVII/2019. The ruling confirms that separated state finances, such as those managed by SOEs, still fall under the category of state finances and thus remain under legal oversight.
KPK spokesperson Budi Prasetyo explained that beyond enforcement, the KPK is also focused on preventive measures. SOE directors, commissioners, and supervisors are still required to file Asset Declarations for State Officials (LHKPN) and report any gifts or gratuities received.
“Law No. 28 of 1999 provides the basis that SOE officials are state administrators who must uphold integrity,” Budi said.
Meanwhile, Asep Wahyuwijaya, a member of Commission VI of the Indonesian House of Representatives (DPR RI), reaffirmed that SOE officials and management are not above the law. He cited that any misuse of state funds—such as subsidies for the public channeled through PLN or Pertamina—could lead to criminal charges under corruption laws.
“They can still be prosecuted if they violate the principles of the Business Judgment Rule,” Asep said.
As such, the synchronization of existing regulations is believed to continue supporting anti-corruption efforts within SOEs. This regulatory synergy is expected to strengthen clean, transparent, and accountable corporate governance in state-owned enterprises, ultimately contributing to public prosperity through improved performance.
