Partnership for Governance Reform in Indonesia

I.             Post
Information

Post Title:  Project Manager for
Electronic Evidence Handling and Management Support Program                         

Supervisor:  Program Manager for
Civil Society and Open Governance

II. Organizational Context

Corruption remains the biggest
challenge for Indonesia’s democracy and development. According to a Gallup
survey, more than 8 in 10 Indonesians say that corruption is widespread
throughout the nation’s government and businesses. Compared with citizens in other
Southeast Asian countries, Indonesians are much more likely to say that
corruption is prevalent in both the government and business sectors. The
establishment of the Corruption Eradication Commission (KPK) has positively
improved the situation but corruption remains significant. Indonesia scored 36
points out of 100 on the 2015 Corruption Perceptions Index reported by
Transparency International where the average Corruption Index in Indonesia is
24.72 points from 1995 until 2015, reaching an all-time high of 36 Points in
2015 and a record low of 17 Points in 1999. 
Additionally, in the scale of 1-10, the 2014 Indonesia’s Law Enforcement
Index is at 6.18, while under its 2015 – 2019 Strategic Plan, the KPK aims to achieve
an Index of 7.5 by 2019.  This is an
ambitious target considering the fact that corruption is now more delicate and
complex in its form, including the more complex use of electronic means to
conceal corruption.  In 2015 alone,
almost 50% of corruption cases handled by the KPK involved electronic evidence
and the conviction rate of these cases was 100%.

With the enormous growth in
e-governance throughout the public and private sectors, electronic evidence has
evolved into a fundamental pillar of communication, processing and
documentation. These various forms of electronic evidence are increasingly
being used in both civil and criminal litigations. During trials, Judges are
often asked to rule on the admissibility of electronic evidence and it
substantially impacts the outcomes of civil law suits or the
conviction/acquittal of the accused. The various categories of electronic
evidence such as website data, social network communication, e-mail, SMS/MMS
and computer generated documents poses unique problem and challenges for proper
authentication and are subject of a different set of views. The Courts continue
to grapple with this new electronic frontier as the unique nature of
e-evidence, as well as the ease with which it can be fabricated or falsified,
creates hurdles to admissibility not seen with other evidences. As such, law
enforcement must also adapt to the reality in which evidence need to support
successful law enforcement processes, which have changed as well. Knowledge,
skills, capacity to handle electronic evidences have become a necessity, as
well as providing an enabling environment.

The Indonesian Legal System
acknowledged electronic evidence as legal evidence since the enactment of Law
Number 20 Year 2001 on Anti-Corruption that confers KPK and other investigating
authorities to gather and use electronic evidences such as interception
records, call detail records and other electronic files in a court of law as
legally admissible evidence. However, challenges to its effectiveness remains,
both in the legal framework and capacity. The Indonesian Criminal Law Procedure
(KUHAP – Law Number 8 Year 1981) Article 184 (1) does not recognize the
legitimacy of electronic evidence in criminal law process as evidence. Only
testimonies, opinion of experts, written evidence, indications/leads and
testimony of the defendants are accepted as admissible evidence in the court.
Thus, alignment and refinement of supporting regulations and guidance on the
use of electronic evidence in a court of justice as enabling environment
becomes important. With existing laws on Anti-Corruption, Anti-Money
Laundering, Anti-Terrorism and Electronic Information and Transaction, a
proposal to refine the laws, regulations, guidance and SOPs on the handling of
electronic evidence will provide the necessary enabling environment to
effectively use electronic evidence to combat corruption.

On capacity building, the
knowledge, capacity and competence of relevant actors (investigators,
prosecutors and judges) on the use of electronic evidence to curb corruption
also need to be strengthened, including the supporting system. At this point,
the supporting system still lacks the needed standard capacity in the handling
of electronic evidence.  Furthermore, to

effectively support the works of KPK and other law enforcement agencies in

handling and managing electronic evidence, a digital forensic laboratory that
match international standard and guidelines becomes a necessity. As such,
reviewing the existing standard and guidelines of a digital forensic laboratory
currently being hosted and managed by the INP becomes important. The result of
this review will become an important reference for refining the laboratory to
meet international standard of a digital forensic laboratory, especially in
relation to electronic evidence.

Empowering the judges on
electronic evidence is also crucial. The judges are asked to rule on the
admissibility of electronic evidence in a court of law. They need to completely
comprehend the issue in order to present justice to justiciabelen. Yet, they
have not been sufficiently prepared, lacking of knowledge, comprehension and
training on electronic evidence. Therefore, equipping the judges/justices with
knowledge becomes highly needed. Besides, with the Supreme Court’s authority to
issue a guiding regulation in the form of Supreme Court’s Regulation (Perma),
issuance of such regulation will serve as a bridging and enabling regulation to
enhance the uniformity of law enforcement agencies and the judges in the
handling electronic evidence. The Perma will become the guiding regulation in
ensuring the admissibility of such evidence in the court.

Additionally, strengthening the
coordination between KPK and other law enforcement agencies, including the
Supreme Court, on the use of electronic evidence will contribute to KPK’s role
as leading institution on combating corruption in Indonesia. Exposing KPK to
international professional networks on electronic evidence, such as the ENFSI,
and collaboration with international institutions such as the NFI , where KPK
had previous engagement in the training of KPK’s forensic specialists on
electronic evidence gathering and management, will also give KPK a better
leverage on the effective use of electronic evidence to combat corruption.
Apprenticeship in the NFI on the chain of custody of electronic evidence, for
example, would provide important exposure for improving the KPK in handling and
managing electronic evidence.

In response to such challenges,
Kemitraan developed a project proposal in collaboration with LeIP (Lembaga Kajian
dan Advokasi untuk Independensi Peradilan) and with close consultation with the
KPK. This Sub-Project will respond to these priority needs and be built upon
past and current reform support program such the JSSP and will run from January
2017 to December 2018 to be facilitated by IDLO (International Development Law
Organization).  The introduction of the
chamber system in the Supreme Court by JSSP, for instance, will provide the
platform for the judges to intensively discuss and share knowledge through peer
discussion on electronic evidence. The implementation of this sub-project will
also be in-line with the national priority described in Indonesian government’s
2015 – 2019 Medium Term Development Plan , especially on the rule of law
section, where priority has been given to strengthen KPK as key supporting
institution in increasing Indonesia’s ease of doing business ranking through
effective corruption prevention and eradication and current institutional
Strategic Plans of KPK  and the Supreme
Court.  At present, similar support on
electronic evidence handling and management by the FBI to KPK  will become an important opportunity to
exchange knowledge and perspective on this issue. Several workshops that will
be proposed under this sub-project are expected to invite active participation
of experts being assigned by the FBI thus allowing synergized efforts to
strengthen electronic evidence handling and management in Indonesia.

In order to effectively run this
program, a Project Manager needs to be recruited who will work under the
guidance and supervision of the Program Manager for Civil Society and Open
Governance. He/she is responsible for the management of the program and at the
same time shall contribute in analyzing trends related to governance reform on
relevant areas under the portfolio of the Program Manager for Civil Society and
Open Governance and lead consultations with multiple stakeholders, formulation
of program and projects, management, monitoring and evaluation of program and
project activities within his/her portfolio. He/she shall provide policy advice
services and actively participate in resource mobilization efforts.

The Project Manager supervises
and leads project team and ensures effective activities of project staffs based
on the agreed plan and budget. The Project Manager works in close collaboration
with the other Program/Project and Operation teams including resource
mobilization and communication, knowledge and resource center, and monitoring
and evaluation team, Government officials, multilateral and bilateral donors
and civil society elements in ensuring successful Partnership’s program
implementation, vision and mission.

III. Functions / Key Results Expected

Summary of Key Functions:

             Programmatic
strategic direction and operation

             Project
design and formulation

             Project
management and implementation

             Strategic
partnership and networking

1.       Assisting
Program Manager to ensures implementation of program strategies focusing on the
achievement of the following results:

·        
Effective use of the result of analysis and
research of the political, social, and economic situation and preparation of
substantive inputs to project document development, annual work plan, five year
strategic plan and other documents.

·        
Identification of areas for support and
interventions related to activities in his/her portfolio

·        
Identification and relationship development with
stakeholders on his/her portfolio

·        
Recommendation on improvement business process
to be reflected on the content of internal Standard Operating Procedures for
project/program management.

·        
Contribution and participation in resource
mobilization effort for the office.

2.            Ensures implementation design and
formulation of implementation strategy, focusing on quantity and quality
outputs, achieving the following results :

·        
Effective application of results-based
management, establishment of management targets, and monitoring achievement of
results, translating program priorities into workable interventions.

·        
Development and introduction of performance
indicators/success criteria, cost recovery/resource mobilization principles,
targets, and milestones for projects under areas of responsibilities.

·        
Under the supervision of Program Manager and
Coordination with other Program Units to address any relevant issues through
synchronization of activities/programs from the stage of project design, work
plan and proposal development, management, monitoring and evaluation.

·        
Develop annual work plan on his/her areas of
responsibilities as per strategy set out for the management review and
consideration.

3.              Ensures project management and
implementation, focusing on achievement of the following results:

·        
Manage the day‐to‐day operations of the
project(s) on his/her portfolio

·        
Ensuring the achievement of project(s) outcome
and output

·        
Provide technical assistance to partners and
executing agencies in project management and implementation, including
monitoring and evaluation.

·        
Asses, facilitate and provide recommendations on
project proposals submitted by NGOs, CSOs and other relevant partners on
substantive and financial aspects based on the program priorities and
Partnership’s SOP.

·        
Responsible for reporting of program progress
(including financial status with the assistance from Program Assistant), which
will ultimately be reported to the donors.

·        
In collaboration with the monitoring and
evaluation unit, conduct monitoring of program activities, including through
field visits, to assess overall program implementation with respect to project
objectives, outputs, indicators and, when necessary, suggest corrective
measures to be undertaken and reported the results of these monitoring
activities to the Program Manager.

·        
In collaboration with the knowledge and research
center, conduct project knowledge-extracting activities from the project under
his/her portfolio as a learning from project ouputs and outcomes for further
programmatic advancement and sustainability 

4.      Ensure creation of strategic partnerships
and provision of top quality policy advice services to the Government and other
stakeholders, focusing on achievement of the following results:

·        
Maintain communication and coordination with
partners and executing agencies, including government agencies, privates, and
civil society organizations.

·        
Develop strategic partnerships and networking
with government agencies, privates, other projects, donor or international
agencies

IV. Impact of Results

The key results have an impact on the successful and timely
implementation of activities within the program. In particular, the key results
have an impact on the design quality, proposal development appropriateness,
project document development and management oversight with regard to program
implementation and organizational vision and mission.

V. Recruitment Qualifications

Education and Skills:      

Bachelor Degree in relevant field
of study (e.g. development staudies, public policy, women studies, law,
sociology, economic, etc.); having good knowledge regarding the current
socio-political conditions; clear commitment to governance reform; humble in
character and patient in listening to stakeholders is a must; willing to
develop a good teamwork with the Partnership staff and its partners; having a
good skill in report writing and presentation, and good skill on the use of
ICT.

Experience:       

Minimum 7 years of relevant
experience in program planning, implementation and monitoring; experience and
skill in facilitating the development of multi-stakeholders forum, in pulling
stakeholders such as key government agencies, political party members, civil
society organizations, social-political figures, private companies and
grassroots communities, etc.; and having knowledge and experience in conflict
resolution is a big plus.

Interested candidate please send
your application and curriculum vitae to recruitment@kemitraan.or.id no
later than June 21, 2017.  Further
information can be obtained through www.kemitraan.or.id.