AlamatTetra Tech provides best-in-class energy consulting services for clients worldwide. Our work advances clean energy to achieve climate and decarbonization goals;
creates sustainable utilities and modern grids; and promotes gender equality and economic inclusivity at the energy nexus.
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Project Description :
Tetra Tech was awarded the USAID Sustainable Energy for Indonesia's Advancing Resilience (SINAR) project from January 2021 to January 2026.
SINAR seeks to advance Indonesia's development goals in expanding reliable and equitable energy services necessary for sustainable development and inclusive economic growth.
To achieve this goal, SINAR will focus on the following areas : 1) Accelerating deployment of advanced energy technologies, 2) Improving performance of energy utilities, 3) Applying procurement best practices, and 4) Establishing an institutional framework and capacity for energy sector transformation.
By achieving this goal, USAID will contribute to Indonesia’s Sustainable Development Goals and 2020-2024 National Medium Term Development Plan.
The Ministry of Finance (MoF) has taken concrete action to contribute to Indonesia's ongoing commitment to achieving sustainable development and combatting the climate crisis.
In November 2022, the ministry issued a set of Energy, Social, Governance (ESG) policies, including an ESG Framework and Manual, to guide infrastructure development that minimizes negative impacts on the environment and social aspects while bringing positive impacts to the economy.
The ESG policies will gradually be implemented in infrastructure financing, starting with the Public Private Partnership (PPP) scheme until 2024, and will be embedded in the business process of government support and facility provision for PPP projects.
The pilot project began in 2022 with the housing and water PPP projects under the Ministry of Public Works and Housing.
The ESG implementation of projects will be done through MoF’s Project Development Facility (PDF). In 2023, it is expected that the number of projects implementing ESG will increase.
As ESG regulation has not been enacted, the implementation was taken using PDF contractual approach. This requires specific care and attention from legal individuals in drafting and embedding the ESG aspect into the PDF contract.
Project Opportunity
Position summary & job purpose :
We are recruiting for an experienced Project Development Facility (PDF) Analyst to be responsible for supporting SINAR activities under sustainable finance team.
The legal consultant will support SINAR’s work with MoF to complement the current legal team in dealing with contractual development of PDF documents.
This work will result in a comprehensive PDF document which includes the ESG aspect as well as the role and responsibilities of parties involved.
Learn more about SINAR project .
Position responsibilities :
Conducting a review of the existing PDF contractual document, identify necessary changes required with regard to ESG adoption in the project preparation stage which comprise of two activities.
Review of existing regulations and contracts, including : Conduct a comprehensive review of the current regulations governing government support for infrastructure financing.
Identify gaps, ambiguities, and inconsistencies in the existing regulations regarding ESG considerations. Assess the adequacy of the regulatory framework in promoting sustainable and socially responsible infrastructure development.
Conduct legal analysis and provide recommendations, including : Provide a detailed legal analysis of the existing regulations and contracts, highlighting areas that need improvement to better integrate ESG principles.
Consider factors such as environmental impact assessment, social safeguards, governance standards, and disclosure requirements.
Drafting of PDF contract documents and aligning it with the international standards, including : Create and develop a comprehensive PDF contract document that outlines the terms, conditions, and requirements for infrastructure financing projects under the ESG Framework.
Incorporate ESG considerations, compliance requirements, risk allocation mechanisms, and dispute resolution procedures in the contract document.
Ensure legal accuracy, clarity, and enforceability of the contract provisions. Ensure that the revised PDF contract document aligns with relevant international standards and frameworks, such as the United Nations SDGs and other applicable guidelines.
Consider internationally accepted best practices for ESG integration in infrastructure financing, including disclosure frameworks and reporting standards.
Assisting MoF during the engagement with relevant stakeholders in consultation and feedback sessions, including : Solicit the relevant stakeholders’ input, perspectives, and feedback on the proposed regulatory improvements and the PDF contract document.
Address concerns, build consensus, and incorporate stakeholders’ feedback into the final recommendations and contract provisions.
Performing monitoring and evaluation for the implementation of the regulatory changes and prepare periodic reports on progress and impact, including : Establish a monitoring and evaluation framework to track the implementation and effectiveness of the improved regulations and the PDF contract document.
Regularly assess the impact of the regulatory changes on promoting sustainable infrastructure financing and achieving ESG objectives.
Provide periodic reports on progress, identify areas for improvement, and recommend corrective actions, if necessary.
Essential KSAs required (experience, skill, education, certification, etc.) :
- Bachelor’sdegree in law and have relevant backgroundor expertise in environmental law and corporate law.
- 3+ years’ experiencein professional experience in legal consulting, preferably with a focus on environmental law, social law, and governance frameworks.
- Proven track record and experience in drafting legal documents and providing legal advice on regulatory matters.
- Familiarity with the governments of Indonesia working environment, preferably having experience in infrastructure financing processes and policies.
- Ability to work independently, manage multiple tasks, and meet deadlines.
- Strong problem-solving skills and attention to detail.
- Professionalism, integrity, and ethical conduct.
Valued but not required KSAs :
- Indonesian national or current resident of Indonesia.
- Fluent in Bahasa Indonesia and English (reading, writing, and oral presentation).
- Previous or existing working relations with the Directorate of Government Support, and Infrastructure Financing Management (DGSIFM) of the Ministry of Finance.
- Familiarity with USAID procedures and practices for quality control, including monitoring.
Physical demands & work environment :
- Office setting, domestic travel
