*StrengtHening Integrity and accountability program 1 (SIAP 1)*
*Legal Drafter Consultant*
*Terms of References*
* *
*Position* : Legal Drafter
Consultant (Local)
*Languages Required* : Bahasa Indonesia
*Counterpart (User) *: The Supreme Audit Board of the
Republic of Indonesia
* *
*BACKGROUND:*
As Supreme Audit Institution (SAI) in Indonesia, Badan Pemeriksa Keuangan
(BPK) has the strong authority and responsibility to audit the management
of state finance and performance. In fulfilling its mandate, BPK conducts
hundred of audits every year with wide range tools, including financial
audits, performance audits, and special purpose audits. All of these are
aimed at holding government accountable, and are expected to save state
finances by decreasing fraud, corruption, waste, and abuse of power.
In 2013, the Indonesian Parliament (DPR) scheduled to amend the BPK law.
The amendment initiative comes from DPR (in Indonesian legal system, the
law amendment can be requested by parliament, or by the Government),
include the academic draft and the amendment draft are prepared by DPR.
Referring to some existing precedents, the parliament as a political
entity intents to influence all aspect of the state’s organizations, which
affect to the less-independency of those influenced state agencies. As
result, the Constitutional Court -for instance- is now chaired by the judge
that has political party background.
In this regard, efforts are underway at CSOs to influence the BPK law
amendment process, to ensure that the new BPK law will ensure independency
and professionalism of BPK. Under SIAP 2, CSO coalition led by Partnership
will start with the drafting of an academic paper reviewing existing BPK
legislation (Law No. 15 of 2006) to assess its compliance with the
society’s dynamics and increased demands of professionalism. Several public
discussions will be held among stakeholders by involving BPK to gather
inputs for the academic paper. These efforts will then continue with the
preparation of the proposed amendments to the existing Act, which will be
subject to discussions with various stakeholders and Parliament.
SIAP1 will support this ongoing CSOs effort by providing two consultants
with a wide experience in audit and auditor's institutional organizations
to prepare an academic paper on the BPK law, and a legal drafter to draft
Law on Revision of Law No. 15 of 2006 on the BPK. These be presented to the
CSO coalition to aide its ongoing development efforts.
*OBJECTIVE:*
The purpose of this activity is providing consultant to prepare a draft
revision of the Law no. 15 year 2006 regarding Audit Board, intended to be
proposed to the Indonesian Parliament along with the academic paper.
*SCOPE OF WORK:*
The scope of work of consultant is:
§ Coordinating with the consultant who develop and prepare the academic
paper of BPK Law.
§ Attending series Focus Group Discussion (FGD) regarding study of BPK Law
during his assignment period.
§ Drafting and finalizing Draft Revision of the Law no. 15 year 2006
regarding Audit Board.
*ACTIVITIES:*
Consultant is expected to conduct the following activities:
1. Study and learn Law No. 15 year 2006 regarding Audit Board and
related rules.
2. Analyzing the provisions and rules in the legislation and related
regulations to competence, transparency, independence, and professionalism
of the BPK, and the scope of work and responsibilities of the BPK in
fulfilling community expectation.
3. Attending series Focus Group Discussion (FGD) held by the CSO
coalition regarding study of BPK Law, during his assignment period..
4. Coordinating with the consultant who develop and prepare the
academic paper to align topics in draft Revision of Law with the academic
paper on BPK Law.
5. Drafting Draft Revision of the Law no. 15 year 2006 regarding
Audit Board, and present it to the CSO coalition and SIAP 1.
6. Revising First Draft Revision of the Law no. 15 year 2006
regarding Audit Board, based on inouts from the CSO coalition and SIAP 1.
7. Finalizing Draft Revision of the Law no. 15 year 2006 regarding
Audit Board.
*DELIVERABLES:*
1. First Draft Revision of the Law no. 15 year 2006 regarding Audit
Board.
2. Final Draft Revision of the Law no. 15 year 2006 regarding Audit
Board.
*ESTIMATED TIME CONSUMED:*
1. Study and learn Law No. 15 year 2006 regarding Audit Board and
related rules. 5 days
2. Analyzing the provisions and rules in the legislation and related
regulations. 2 days
3. Attending series Focus Group Discussion (FGD) held by the CSO
coalition regarding study of BPK Law, during his assignment period.
10 days
4. Coordinating with the consultant who develop and prepare the
academic paper on BPK
Law.
10 days
5. Drafting Draft Revision of the Law no. 15 year 2006 regarding
Audit Board, and present it to the CSO coalition and SIAP
1.
10 days
6. Revising First Draft Revision of the Law no. 15 year 2006
regarding Audit Board, based on inouts from the CSO coalition and SIAP
1.
10 days
7. Finalizing Draft Revision of the Law no. 15 year 2006 regarding
Audit Board. 3 days
Implementation period is expected to begin at 1 May 2013, and finished at
31 September 2013.
*CONSULTANT REQUIREMENTS:*
1. Master Degree (Phd is an advenatage) in legal from a reputable
university.
2. Professional legal drafting writer with at least 3-5 years experience.
3. Good understanding of SAI legal issues (understanding of INTOSAI is
an advantage).
4. Committed to work and involve in all working group meetings including
seminar and public discussions in selected regions.
Application should include a cover letter, CV (including three references)
and contact number by 3 May 2013, at the latest. Please put the position
you apply for as the subject of your email.
Please send applications to hong@msi-siap.com. Only shortlisted candidates
will be contacted
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