Same Work in the Private Sector

JAKARTA, KOMPAS.com – Member Ombudsman RI Alamsyah Saragih said, the placement of the state civil apparatus ( ASN) as a commissioner BUMN has the potential to cause regulatory conflicts.

Moreover, if the ASN holds the position of commissioner in a BUMN subsidiary. Because, according to him, there has been a decision of the Constitutional Court (MK) which states that SOE subsidiaries are not SOEs.

“Except for (the subsidiary’s) results holding-ization. It’s the same as allowing an active ASN to be a commissioner in a private company, “Alamsyah said in a teleconference on Sunday (6/28/2020).

“Do we want to leave it like that? Or do we just privatize the entire process of employees in government, likened to the private sector,” he added.

He saw, there were systematic efforts to change the rigidity or ethical constraints, so that ASN was allowed to serve as a commissioner.

Also read: Ombudsman Questioning the Competence of Volunteers and Management of Political Parties as BUMN Commissioners

If you look at Government Regulation Number 30 of 1980 regarding Discipline of Civil Servants, then ASN is prohibited from holding concurrent positions as a director and commissioner of a private company.

However, the PP was changed to PP No. 53 of 2019 concerning the Discipline of Civil Servants and there were no more restrictions on concurrently serving as commissioners, except as members of political parties.

“It seems ASN wants to be given leeway equal to private employees, but of course privilegeit’s not yes. Is this fair or not, we give it to the government, “he said.

Previously, the Indonesian Ombudsman found 397 state / government administrators indicated as concurrent positions as commissioners of SOEs in 2019.

Of the 397 people referred, the commissioners indicated dual positions from the ministry reached 254 people (64 percent), non-ministerial institutions reached 112 people (28 percent), and tertiary institutions 31 people (8 percent).

For the ministry of origin, there are five ministries that dominate up to 58 percent, namely the Ministry of SOEs (55 people), the Ministry of Finance (42 people), the Ministry of Transportation (17 people), the Ministry of PUPR (17 people), and the Ministry of State Secretariat (16 people ).

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