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MinistryAgency’s Working and Budget Planning
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provided that the Satker is part of the ministerial working unit that conducting some activities as part of the organization’s
programs.
295
Furthermore, others regulation
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mentioned that the head of state budget working unit KPA is authorized to sign a contract with a third party.
Based on the interpretation above, when Perpres No. 802011 mentions that the trust fund institution is treated as a Satker, means that the chairperson of the Satker KPA is authorized to
enter into agreement with a third party
297
on behalf the ministryagency. In sum, we may say that Indonesian development trust funds are technically has a quasi-
independent legal personality. As it is part of working unit at the institution who own the trust fund, they don’t have separate legal personality. But, as a state budget working unit, they are
authorized to act independently and to enter into contract with the third party. With the current legal status, it is unclear whether the Indonesian development trust fund
has its own legal personality or not. Another question that also arises is whether Indonesian development trust funds has a legal capacity to enter into agreement with foreign donor or with
international organizations other than goods and services provider?
B. Goals and Objectives
1. A Guidance regarding Goal and Objectives
One of the key lessons learned from international best practices is that it is critical to have the basic vision of the fund in place before making decisions on design issues.
298
Also, it is more congenial and less controversial to discuss the potential scope or goals and objectives of
294
Government Regulation No. 212004 regarding The Preparation of MinistryAgency’s Working Plan and.
295
It also has been defined similarly by the Presidential Regulation No. 52015 on Government Procurement and Ministry of Finance Regulation No. 170PMK.052010 on Completion of State’s Budget Working Unit Claims.
296
Id.
297
Guidelines for Accountable Entities and Implementation Structures, MCC US July 21, 2008, at Sec. 2.1 A.
298
Ruth Norris, supra note 291, at 34.
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the fund before there is a sum of money over which various constituencies are already competing. Potential goals and objectives of the trust funds are translated from its broad vision
and mission statement.
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The vision of trust fund itself should clarify the organization’s direction and purpose; be relatively action oriented and future oriented; reflect high ideals and challenging ambitions; and
capture the organization’s uniqueness and distinctive competence as well as desirable features of its history, culture and values.
300
While a mission is a clear statement of the reasons for an organization’s existence, the purposes or functions it desires to fulfil, its primary customer
base, and the primary methods through which it intends to fulfil this purposes.
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Generally funds that focus their goals and objectives on activities selected for strategic impact, feasibility, and ability to be carried out quickly to build a track record, do better than
those that start out with an “open door” policy based on reacting to whatever is proposed.
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Finally, funds that lack a focused strategy run the risk of spreading their resources too thinly, financing many discrete efforts but cumulatively failing to achieve any significant impact,”
highlighting even more the importance of di scussing “scope” before “design.”.
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2. Unclear Guidance of Goals and Objectives
