Strengthening Integrity and Accountability Program 1
(SIAP 1)
Terms of
Reference
Position :
Consultant for Comparative Study
of the Netherlands and France’s
Criminal Justice System
Duration of Contract : 20 days
I.
BACKGROUND
The
Government of Indonesia has completed the drafts of KUHP (Criminal Code) and
KUHAP (Code of Criminal Procedure). In the second drafts of KUHP and KUHAP,
there are various issues that might impact the effort of corruption eradication.
KPK continuously monitors and critiques the compiling process of the drafts
through advocacy and legal reform programs that are expected to assist ongoing criminal
law reform.
One of the
activities that are part of Advocacy and Legal Reform programs is continuing
legal education in the form of field study. The study will involve legal
experts and practitioners from countries that have similar legal systems with
Indonesia. The countries chosen for the comparative study are Netherlands and
France. The legal systems in those countries have historical bonding with
Indonesian and the drafts of KUHP and KUHAP that are being discussed by the
Government of Indonesia adopted many legal views from Netherlands and
France.
The main
focus of the study is topic that is related with criminal justice system.
Through this activity, participants will obtain more knowledge and experience
related with strategic issues that affect the effort to eradicate corruption
and KPK as anti-corruption institution.
The comparative
study will be a relevant effort to compare the concept or idea in the drafts
with actual conditions in Netherlands and France. The activity will be valuable
for KPK’s study on KUHP and KUHAP drafts.
In order
to conduct the activity, support from expert is needed. The expert will assist
communication with working network in the Netherlands and France. Moreover, the
expert is needed to arrange the implementation of the activity and ensure it is
performed according to the objective.
II.
OBJECTIVE
The
objectives of the study are:
1. Participants will
obtain knowledge on principles, techniques and process of compiling criminal
justice regulation governing corruption as implemented by Netherlands and
France;
2. Participants will
receive knowledge related with concept of Criminal Justice Systems in Netherlands and France;
3. Participants will observe
activities of Criminal Justice System in Netherlands and France;
4. Participants will
receive data and documents related with the topic of discussion.
III.
SCOPE OF WORK AND
ACITIVITIES
1. Develop a rundown
activity and determine time allocation for the implementation of the study and
coordinate the implementation of the study conducted in universities in
Netherlands and France (2 days)
2. Contact universities’
representatives, law enforcement practitioners; communicate and prepare
documents needed for the study in Netherlands and France (2 days)
3. Support KPK to
compile material for training/sharing/CLE that is relevant with the objective
of the study (1 day)
4. Ensure availability
of source/trainer and material from universities in Netherlands (1 day)
5. Accompany KPK’s team
in all study activities in Netherlands and France and ensure mentoring from
expert on Dutch law (if needed) during comparative study in Netherlands (5-7
days)
6. Support KPK in
compiling program report that includes report on process of activities implementation
and content of study/material (3 days)
1. Expert in law or has
expertise in law, especially criminal law;
2. Has more than 10
years of experiences as academics, lecturing or as law enforcement practitioner
or researcher on legal issues, especially criminal law;
3. Capable to organise
events such as trainings, FGD, workshop, etc;
4. Has good network with
universities and law enforcement communities in Netherlands or France;
5. Comprehend and
concern with the effort to eradicate corruption in Indonesia, preferably experts
who previously involved in anti-corruption activity.
Application
should include a cover letter, CV (including three references) and contact
number by October 24, 2014 at the
latest.
Please send
applications indicating ‘Criminal Justice System’ as the subject of your email addressed to Recruitment@msi-siap.com. Only
shortlisted candidates will be contacted.
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