Position Title: Legal Drafter Expertise for Regulation of Minister of Health
(PMK) on Public-Private Partnerships (called consultant)
Period of Performance Modification: February- March 2021
Background
The health sector in Indonesia is fundamentally changing through the
Government’s effort towards Universal Health Coverage (UHC). Importantly, this
ambitious agenda must be implemented in a cost-effective manner to manage the
financial burden for the Government of Indonesia. Private Sector Engagement is
one of the key strategies for the Government to achieve its Mid-term
Development Plan (RPJMN) targets. By partnering with the private sector,
Indonesia can more efficiently and effectively achieve the health sector’s UHC
goals across prevention, promotion, and treatment.
The Ministry of Health would like to partner with the private sector to reduce
inequality of service availability across the varied archipelago of Indonesia.
The Ministry released the Peraturan Menteri Kesehatan (PMK) no. 40/2018 on
health sector infrastructure partnerships (Kerjasama Pemerintah Badan
Usaha/KPBU). Building on this PMK, the Ministry of Health’s Centre of Health
Financing and Insurance (PPJK) is currently developing a Technical Guideline
for Non-Infrastructure public-private partnerships (PPP; Kemitraan Pemerintah
Swasta/ KPS) with support from USAID-funded Health Policy Plus project (HP+).
This guideline outlines and clarifies several mechanisms for contracting
private sector entities for the delivery of health services, summarizes the
process for procurement, and lists the funding sources that can be used for
these purposes all in one place. Furthermore, this policy articulates the need
for and outlines the structure of a new PPP Node (Simpul KPS) that will be
responsible for identifying, structuring, and monitoring PPP initiatives in
health in partnership with Ministry units and the private sector.
Currently, a foundational draft of the Technical Guideline and the PMK has been
developed as an academic document that has already been reviewed by PPJK, other
Units at MOH, as well as by Hukor team. The Technical Guideline must be
finalized as a legal document that can attached to the PMK on
Non-infrastructure Public-Private Partnerships for Health. Also, to facilitate
the formation of this PPP node, a decree for Simpul KPS that establishes the
team, assigns staff, and defines the roles and responsibilities must be drafted.
HP+ is seeking a Legal Draft Consultant with expertise in Ministry of Health
regulations and decrees to finalize the PMK for Non-infrastructure PPP for
Health, the associated Technical Guideline, and the SK for the PPP Node. As
they work on these policy documents, the Consultant will develop a presentation
highlighting the progress of the document and regulatory review if and as
requested by HP+ and their government partner PPJK, will assist in coordination
across units in MOH related to review and feedback of these policy documents,
as well as accommodate inputs and comment to the document is developing.
The consultant will report to HP+ Private Sector Senior Technical Advisor in
Jakarta. She/He will also work closely with HP+ Senior Program Advisor to
ensure that the feedback from PPJK and other stakeholders are reflected in the
final version of these documents and that there is buy-in from these
stakeholders for the final policy documents for their approval.
Consultant Responsibilities:
1. Review the academic document on Technical Guideline (PMK) as based
document for developing the Legal Document.
2. Prepare and produce legal document draft for Regulation of Minister of
Health (PMK) on Public Partnerships and the associated technical guideline
3. Prepare and produce legal document draft for Minister of Health Decree
(SK) on Formation of PPP Node (Simpul KPS)
4. Advise and facilitate successful process in gaining input and acceptance
from related units in MOH on the legal PMK, Technical Guideline, and SK, (most
notably PPJK and Hukor) so that it is ready to submit to Sekjen office. This
includes participating in meetings with HP+ to provide input on how to
strategically engage Hukor and other MOH units, provide context/ contact within
Hukor as appropriate and requested by HP+ to facilitate engagement by Hukor on
the review of these policy documents, and participating in official meetings
with PPJK, Hukor, and other MOH units to speak to the contents of the policy
documents.
5. Advise and facilitate the process of PMK and SK review by the Sekjen
Office to make sure it reaches Minister attention and direction. This includes
participating in meetings with HP+ to provide guidance on how to strategically
engage the SekJen Office on the PMK and SK review and approval process. The
Consultant may provide context/ contact within the SekJen Office as appropriate
and requested by HP+ to help elevate this PMK and SK on the SekJen’s agenda.
Deliverables
This is a deliverable-based contract. The Consultant will work closely with HP+
Private Sector Senior Technical Advisor in Jakarta to ensure accuracy and
completeness of deliverables as outlined below.
Deliverable
Due Date
Estimated Level of Effort
Written feedback on the academic document on Technical Guideline and workplan
to develop the legal document for PMK, technical guideline, and SK
5 days from contract signing
3 day
Written feedback to HP+ strategy to engage Hukor on legal process (or meeting
minutes summarizing their feedback)
February 28, 2021
1 days
Meeting minutes from meetings with PPJK, Hukor and other MOH units that
summarizes their inputs and feedback on the legal document
March 15, 2021
3 days
Legal document draft for Regulation of Minister of Health (PMK) that is
approved by PPJK and Hukor
March 15, 2021
7 days
Legal document draft for Minister of Health Decree (SK) on Formation of PPP
Node (Simpul KPS) that is approved by PPJK and Hukor
March 15, 2021
7days
Written feedback to HP+ strategy to engage Sekjen Office on reviewing and
approving the PMK and SK (or meeting minutes summarizing their feedback)
March 19, 2021
2 days
Requirements and Qualifications:
The requirement expertise for this works and deliverables are:
1. Master’s degree in relevant field such as law, public policy, and public
health.
2. Background and knowledge in the field of law and its application in real
practise required, especially related to drafting and adoption of Government
Regulation, Decree, and other related regulations.
3. Background and experience working with/working in the Ministry of Health
especially on the task of developing regulations and decrees.
4. Knowledge of health financing and private sector policies desired.
5. Excellent in Bahasa Indonesia and in English writing, communication, and
reporting skills.
6. Flexibility, adaptability, and resourcefulness
How to Apply
Interested applicants should submit their CV and proposed rate to complete this
assignment to Stefana Ruri
(stefana.Ruri@xxxxxxxxxxxxxxxxxxxxx<mailto:stefana.Ruri@xxxxxxxxxxxxxxxxxxxxx>)
by February 5, 2021.
