78
the fund’s organizational needs without seeking outside help. Most importantly, having different representatives on the board helps to maintain linkages to those sectors of society.
326
However, if in the certain governance activities that may require highly specialized knowledge and experience that the Board may not have, the Board usually require support in
those areas from specialized advisory committees which may include non-members as well as members of the governing body. Delegation to small committees also can make the work of the
full governing body more efficient.
327
2. An Open Clause as Indonesian Instant Solutions
A set of governing bodies is the centre of the development trust fund. Perpres No. 802011 provides that the trust fund managed out by the trustee institution
328
and the operation of the trustee institution mostly will be carried out by the Board of trustee.
329
Here, the trustee is technically act as a steering committee that makes decisions on the disbursal of funds and oversees the high-level activities of the fund, including policy and
operational guidelines, strategic direction and reporting.
330
This group is made up of multiple ministries with the minimum requirement represented by Bappenas and Ministry of Finance,
and representatives from civil society, development partners, private sector or other partners.
331
The chairperson of the steering committee should be a government representative from the host ministry.
332
326
Marianne Guerin-McManus, supra note 285, at. 1.
327
Barry Spergel Kathleen Mikitin, supra note 384, at 17.
328
Perpres No. 802011, at Art. 5 1.
329
Id. at Art. 7-9.
330
Id. at Art 8.
331
Id. at Art. 9
332
Id. at Art. 9 2.
79
Perpres No. 802011 doesn’t say anything about the supporting group for the trustee institution other than trust fund manager.
333
Article 9 7 Perpres No. 802011 only provides that the truste
e institution may appoint “certain parties”, as stipulated in the grant agreement, to assist their duty. This open clause of the Perpres No. 802011 can be interpreted in very huge
ways. This is also finally be used by the ministry who host a trust fund under his ministry to expand the organization of the trustee institution.
The MCA- I have a quite complex structure. The MCC’s accountable entity guideline
required every accountable entity to have a decision-making body, an advisory council, a stakeholder committee, and management unit. More than that, other independent unit such as
fiscal agent and procurement agent also should be attached at the accountable entity structure.
334
The decision making body in the MCA-I is the board of trustee, and the management unit consist of a Program Implementation Unit which is assisted by the Fiscal Agent and
Procurement Agent, and a State Budget KPA Supporting Unit.
335
The ICCTF have simpler structure than the MCA-I. The organizational structure of the ICCTF even more similar with common structure of development trust fund in world. The
implementing organization of the ICCTF consists of the Board of Trustees; Trust Fund Manager, and Implementation Team which consists of Secretariat and State Budget KPA
Supporting Unit. Both in MCA-I and ICCTF, the government representative always chair the board. The
representatives from the donor also seat as a member at the Board of Trustees. But when it comes to the title of the management unit, ICCTF using different name compare with the MCA-
333
Id. at Art. 11-12.
334
MCC PIA.
335
MCA- I’s Implementing Bylaws Regulation.
80
I. ICCTF use a secretariat, instead of Program Implementation Unit. However, the title of the head of management unit are the same. The Executive Director used as title for the head of the
management unit. International best practices show that organizational structure of trust funds are not
“one- size-fits-
all,” but many funds arrange the components into a common structure to support the delivery of the trust fund services.
336
The open clause in Perpres No. 802011 has gave the best opportunity for the ministerialagency to be creative in designing its own trust fund
organization.
E. Housekeeping Requirements
