Safeguard NUSP2 Resettlement Plan Kapuas District 2018 05
Resettlement Plan
May 2018
Indonesia: Neighborhood Upgrading and Shelter Project – Phase 2
Prepared by the Regency of Kapuas and Directorate General of Human Settlements, Ministry of Public Works and Housing for the Asian Development Bank.
CURRENCY EQUIVALENTS
(as of 15 May 2018)
- – Currency unit rupiah (Rp) Rp1.00 = $0.0000725
$1.00 = Rp13,793.00
ABBREVIATIONS
- – ADB Asian Development Bank – APBD Anggaran Pendapatan and Belanja Daerah (Regional
Budget Income and Expenditure)
- – DGHS Directorate of Human Settlements
NOTE
(i) The fiscal year (FY) of the Government of Indonesia and its agencies ends on 31 December. “FY” before a calendar year denotes the year in which the fiscal year ends, e.g., FY2011 ends on 31 December 2011.
(ii) In this report, "$" refers to US dollars. This resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.
TABLE OF CONTENTS
LIST OF FIGURE
LIST OF TABLES
LIST OF APPENDIXS
ABBREVIATIONS
ADB : Asian Development Bank AP : Affected People APBD : Anggaran Pendapatan dan Belanja Daerah (Local Gevernment
Budget) BSPS : Bantuan Stimulan Perumahan Swadaya (Self-help Housing
Stimulants) BKM
: Badan Keswadayaan Masyarakat (CIO) BLK
: Balai Latihan Kerja (Job Training Center) CIO : Community Implementing Organization DDR : Due Diligence Report DED : Detail Engineering Design DGHP : Directorate General of Housing Provision DGHS : Directorate General of Human Settlements HHs : Households KIP : Kartu Indonesia Pintar (Indonesia Smart Card) KIS : Kartu Indonesia Sehat (Indonesia Health Card) KUK : Kredit Usaha Kecil (Credit for Small Business) LCO : Local Coordinating Office NMC : National Management Consultant NPW : Nilai Perhitungan Wajar (Reasonable Reimbursement Value) NUAP : Neighborhood Upgrading Action Plan NUSP : Neighborhood Upgrading Shelter Project PIU : Project Implementation Unit PDAM : Local Government-owned Water Supply Company PMU : Project Management Unit RMC : Regional Management Consultant RTLH : Rumah Tidak Layak Huni (Inadequate/Poor House) SATKER : Satuan Kerja (Local Project Implementing Unit/PIU) SATKER PKPBM : Satuan Kerja Peningkatan Kualitas Permukiman Berbasis
Masyarakat (National PIU of Community Based Settlement Quality
Improvement) SIAP : Slum Improvement Action Plan SPS : Safeguard Policy Statement
CHAPTER I
PROJECT DESCRIPTION A. PROJECT OVERVIEW1. New Upgrading And Shelter Project (NUSP-2) is a program initiated by the Government of Indonesia through the Ministry of Public Works and Housing to support the achievement of the Cities without Slums Program by 2020 and the provision of housing and settlements in a sustainable manner in accordance with the mandate of Law No. 1 of 2011 about Housing and Settlement Area
2. NUSP-2 will be implemented in 20 districts/cities to improve the quality of slum areas with facilitation of activities grouped in three main components, namely: 1) Improving the institutional capacity of local governments; 2) Improving the quality of slum infrastructure; 3) Provision of new settlements for low-income communities. One of target districts/cities of NUSP-2 are Kapuas District.
3. Improvement the quality of slum infrastructure (component 2) is carried out in two approaches: infrastucture construction activities implemented by Community Implementing Organization (Badan Keswadayaan Masyarakat), which called
“community contract” at the community level, and those implemented by professional contractor for complex civil works at the regional level.
4. NUSP-2 was started in 2015, starting with the implementation of community contract activities in 73 kelurahans spread across 20 cities/districts. The implementation of complex civil works began in 2016, including those in Kapuas District.
5. This Due Diligence Report (DDR) is a safeguard social document for the Complex Civil Work Package in Kapuas District, implementing the construction of the Sei Selat Bridge in
Kelurahan Selat Hulu and Sei Bagong Bridge in Kelurahan Selat Tengah. This DDR contains
policies, guidelines, resettlement processes and profiles of affected people, compensation and local government assistance programs.
B. PROJECT DESCRIPTION AT KAPUAS DISTRICT
6. Based on the slums profile, the majority of bridges were in poor condition, especially the wooden stakes which had becoming to decay. Approximately 70% of existing bridges in Kelurahan Selat Hulu and Selat Tengah were weakened. The conditions of most of wooden poles were deteriorated that could not safely support 4-wheeled vehicles passing the bridge. Consequently, the community had difficulties in mobilizing stuffs and limited access to services of health, waste- collection, fire-fighter and other business activities.
7. NUSP-2 in Kapuas District was carried out in 10 slum kelurahans and had been set through Decree of Bupati No.772/PU/2014 concerning First Amendment of Decision No.134/PU/2011 on Stipulation of the Location of Housing and Slum Resettlement Environment, and Decree of Head of Bappeda of Kapuas No.02/BAPP/B-III/065/1/2016 regarding Location of Structuring and Improving the Environment Quality of Slum in Kapuas District. List of slum locations and target locations of NUSP-2 Kapuas District can be seen in Appendix 1.
8. In 2016, the local government of Kapuas District implemented infrastructure constructions by community contracts in 10 kelurahans and 2 infrastructure packages of complex civil works, namely the bridges of Sei Selat in Selat Hulu and Sei Bagong in Selat Tengah. The construction of the two bridges was planned as one of the Kapuas slum reduction schemes of the prioritized category, which included in the SIAP document. The need for the bridge improvement was proposed in a community proposal, and also proposed through the Sub District Musrenbang (consultation on development plan), and during community meetings at the time of NUAP preparation in 2015.
9. DED for this complex civil work was prepared by a consultant recruited by the Government of Kapuas District by APBD financing. The construction plan was disseminated to several community leaders in early 2016, and widely disseminated to all community level surrounding the location on 12 July 2016 in Kelurahan Selat Hulu, and on 13 July 2016 in Kelurahan Selat Tengah . The dissemination events were attended by BKM, LPM (a sort of village council), the Head of RW (Rukun Warga, hamlet or sub-neighbourhood) and community leaders, as well as officials of sub- district and district government. They also agreed on the implementation schedule to be done in August 2016.
10. The construction of Sei Selat bridge in Selat Hulu was projected to be 26 meters long and 6 meters wide, whereas the construction of the Sei Bagong bridge in Selat Tengah to be 24 meters long and 6 meters wide, and built for one lane over the village street. These bridges are made of wood covered with concrete and asphalt. The status of land for the construction of the Sei Selat bridge is owned by the Kapuas district government.
C. PROJECT IMPACT
11. The construction of Sei Selat and Sei Bagong bridges will bring big impact on improving the social and economic accessibility. The Sei Selat Bridge will connect the Selat Hulu area with the Selat Tengah and Selat Dalam, and the Sei Bagong Bridge will connect the Selat Tengah with the Selat Hilir and Selat Hulu.
Figure 1. Sei Bagong Bridge condition in Kelurahan Selat
Figure 2. Sei Bagong Bridge condition in Kelurahan Selat
12. Because of the worsening condition of the old bridges, the economic development of the community in kelurahan Selat Hulu and kelurahan Selat Tengah has been declining, as these bridges were vital access for their businesses and daily activities. Therefore, the community of
kelurahan Selat Hulu and kelurahan Selat Tengah strongly support the plan of Sei Selat and Sei
Bagong Bridges construction, since these bridges are expected to provide easy and safe access among many kelurahans of Selat Sub-District and Kapuas City.
13. However, there are six households will be affected by the construction of the bridges, of which four households in kelurahan Selat Hulu, and two in kelurahan Selat Tengah. Of the four affected households in kelurahan Selat Hulu, there is one house of semi-permanent building which needs to be relocated, as this house is situated on disadvantaged site on the river bank at one end of the bridge. Pictures of initial conditions of affected residents' houses can be seen in Appendix 7.
D. RELOCATION OF AFFECTED PEOPLE
14. The construction and widening of the Sei Selat Bridge unavoidably will relocate a house used as home and small business (bamboo handicraft shop), which was situated on the river bank at one end of the bridge. This house belongs to Mrs. Mahmudah, and will be relocated not far from the original site, about 50 meters away from the bridge.
Figure 3. Map of Affected Location
CHAPTER II RESETTLEMENT SCOPE A. RESETTLEMENT
15. The construction of the Sei Selat Bridge in Kelurahan Selat Hulu and of the Sei Bagong Bridge in Kelurahan Selat Tengah has affected six households of 25 individuals, consisting of 56% male and 44% female. The list of their names is in Table 1.
16. Two of six households are woman-headed and classified as vulnerable households, whereas 4 other households are headed by male.
17. The plan for the construction of the Sei Selat and Sei Bagong bridges and the plan of
relocation of one household have been agreed upon by the affected peoples and the rest of communities of Selat Hulu and Selat Tengah through a consultation forum. Based on the deliberations, affected peoples have agreed on the amount of compensation that is between Rp. 4.000.000,- - Rp. 11.000.000,-.
18. The Local Coordinating Office (LCO), the Kapuas District Working Unit (Satker), and the
related consultants have identified the affected objects, calculated the loss assets of the residents and arranged the assistance facilitation plan to ensure that the affected people will not experience a decrease in their quality of life or living standards.
B. ACTIVITY IMPACT DESCRIPTION
19. Loss of business. There are six houses would be affected, of which one building serves as a home/small shop, and the other 3 buildings (house porch) serves as a place of business. After the resettlement, the affected people are expected to be able keeping their business in a new place. However, the affected people will experience a decline in their income in a given period of time, thus they need to be given livelihood assistance during that period (one affected household would be relocated, five households partly affected, three out of these five used the porch for business. See details in Table 1.
20. Demolition of the house and porch. There is one house of semi-permanent building that is used as a home and also for business (small handicraft shop), located on the river bank at one end of the bridge that unavoidably must be dismantled. Because of the widening and improvement of the Sei Selat Bridge, this house need to be demolished and relocated. This house is owned by Mrs. Mahmuda, who is making bamboo handicrafts for her living. The relocation will affect the income of Mrs Mahmuda in a certain period of time, thus she needs to be given income restoration and some compensation for her loss. The affected asset as the consequence of the demolition of the house is valued as follows:
Building of houses and porch, which is calculated based on the type of construction used and assessed on the basis of Reasonable Reimbursement Value (RRV) or NPW (Nilai Perhitungan Wajar).
Utilities, such as the cost of a new installation of electricity and water.
The land is not considered as part of the affected assets, as the land belongs to the Kapuas District Government.
21. Impact on public facilities and utilities. There are four affected public facilities, consist of two units of electricity pole, PDAM (water utility) pipeline network, Telkom (telephone) pole, and fire- fighter storage/facility (See Table 2.)
Table 1. List Name of The Affected People No.
Name of Affected People Building Area
Affected Area Building Function
Affected Object Sei Selat Bridge in Kelurahan Selat Hulu
01. Mahmudah 13 m2 13 m2 Residency and Business Place total demolition
02. Sardianor 188 m2 12 m2 House and Business Place Front porch
03. Lamsiah 180 m2 9 m2 Residency and Business Place Front porch
04. Rudy Hartono 48 m2 18 m2 Residency Front porch Sei Bagong Bridge in Kelurahan Selat Tengah
01. Setya Darma 300 m2 6 m2 Residency Front porch
Table 2. Affected Public Facility and Utility
No. Asset Ownership Affected Object Volume
Sei Selat Bridge in Kelurahan Selat Hulu02. Abdul Sani 40 m2 8 m2 Residency and Business Place Front porch
1 Unit
02. PDAM Pipeline 1 unit
03. Telkom Telecom Pole
1 Unit Sei Bagong Bridge in Kelurahan Selat Tengah
01. PLN Electric Pole
1 Unit
02. PDAM Pipeline 1 unit
03. Telkom Telecom Pole
1 Unit
04. Fire Safety Storage Post
1 Unit
01. PLN Electric Pole
CHAPTER III SOCIOECONOMIC INFORMATION AND PROFILE A. THE AFFECTED PEOPLE
22. There are six households that directly affected by construction of Sei Selat and Sei Bagong bridges. Four of the affected house buildings are used as home (residence) and business, and two houses merely for living (home).
23. The number of family members of the six affected households is 4-6 individuals. This indicates that most households have relatively moderate and large family load. Out of six affected households, there are 2 families (33%) whose heads are female. The profile of affected female head of household is as follows:
Table 3. Female Head of Family Profile
Family Income (per No. Name Age OccupationMember day)
01. Hj. Lamsiah
68
1 Trader Rp. 50.000,-
02. Mahmudah
42
4 Trader Rp. 50.000,- Source: Primary Data, already processed, November 2017
24. The total number of affected people for 6 households are 25 individuals, consisting of 56% male and 44% female. Of the affected peoples, 52% (13 persons) were of productive age, 48% were of less productive age. (See Table 4.)
Table 4. Affected People Profile
No. Age group Male Female Total01. 0 - 4
1
1 02. 5 - 14
6
3
8 03.
15
7
6
13
- – 55 04. >55
1
1
2 TOTAL
15
10
25 Source: Primary Data, already processed, November 2017
B. JOB AND REVENUES
25. Job. The occupations of six 6 affected households (AHHs) are trader (4 persons), laborer (1 person) and private sector (1 person).
Table 5. Affected People Occupation
No. Occupation Total %01. Trader 4 66%
02. Laborer 1 17%
03. Private employee 1 17% Source: Primary Data, already processed, November 2017
26. Monthly Income. The range of income of affected peoples per month is between Rp. 1.500.000,- - Rp.30.000.000,-. Most of them are still under the Minimum Wage of Kapuas District, which is Rp. 2,352,859,- .
C. SOCIAL INFORMATION
27. Most of the community of Kelurahan Selat Hulu and Kelurahan Selat Tengah Subdistrict Selat strongly support the construction plan of Sei Selat and Sei Bagong Bridges, since the bridges are vital access for their social, culture and economy, which connecting their kelurahans with the rest of society. After some events of socialization and consultations, all affected peoples provide support and contribution in the implementation of the construction of the bridges by giving up some or whole parts of their houses and/or porchs affected by widening the bridge project. The affected peoples have high expectation that their livelihood and economy will improve after the bridge construction.
28. The affected people have close kinship relationships with the surrounding communities, since most of them are from the same region and have many close relatives live nearby. Affected people also have active social and cultural relationships in mutual cooperation. These are showed by the many community gatherings that have been done regularly, such as arisan (a form of community rotating savings), reciting Koran, community service, etc.
29. Affected people are eager to have easy access to health, education and market centers. They also hope to get the convenience of water services, sanitation and garbage/waste-collection.
D. GENDER ISSUE
30. The difficulties of access due to the deteriorating old bridges were experienced by the whole community of Kelurahan Selat Hulu and Kelurahan Selat Tengah including the affected people and female group. Women participated in socialization and deliberations meetings to raise their concerns, including special deliberations of affected vulnerable groups. However, even though many locals are working in the bridge construction project, women are not involved in physical works, as these works are too heavy for them.
E.
VULNERABLE HOUSEHOLDS
Table 6. Data Of Vulnerable Households
No Name Vulner able Female HouseHold OccupationTrader 80.000
61 Trader 50.000
06. ABDUL SANI
58 Private Employees 500.000
05. SETYA DARMA
45 Worker 25.000
04. RUDY HARTONO
68
Type
Income/ day (IDR) No Land Poor House Vulnerable31. Vulnerable groups are distinct groups of people who might suffer disproportionately or face the risk of being marginalized by the effects of resettlement and specifically include: (i) households headed by women, elderly, or disabled, (ii) households falling under the generally accepted indicator for poverty, (iii) landless households, and (iv) ethnic minorities. In this case, all households are landless, two households are headed by women and three households are classified as poor, therefore all affected households are vulnerable. Details are provided in Table 6.
50 Trader 150.000
02. SARDIANOR
Trader 100.000
42
01. MAHMUDAH
03. LAMSIAH
CHAPTER IV DISCLOSURE OF INFORMATION, CONSULTATION AND PARTICIPATION A. DISSEMINATION
32. The initial dissemination of NUSP-2 in Kelurahan Selat Hulu was conducted on July 12, 2016, and in Kelurahan Selat Tengah was held on July 13, 2016. The dissemination was attended by representatives from the Public Works Office, representatives from Sub District, Head of
Kelurahan, BKM, community leaders and local residents. In this event, besides aiming to provide
understanding related to slum handling through NUSP-2, participants also discussed the plan to build the Sei Selat and Sei Bagong Bridges which impacted on some residents' houses due to the bridge widening project. It was identified that there were six (6) households affected by the construction of the bridges, which five households were affected partially (only the house porchs) and one household was affected the whole house. The conclusion of this dissemiation/public consultation is that all community members, including affected households, strongly supported the implementation of construction of the Sei Selat and Sei Bagong bridges.
33. The dissemination event was also undertaken to provide information about the grievance redress mechanism related to the resettlement of one household and five households partially affected by the dismantling of the house porch. Complaints may be submitted either directly or in writing to the chief of hamlet or neighbourhood group (RT/RW, Rukun Tetangga/Rukun Warga), or if necessary to the Kelurahan level or even to the municipal level. The District Satker will act as Grievance Redress Mechanism Officer. The grievance redress mechanism (GRM), objection or proposal is implemented through the following stages:
The Kelurahan official will conduct mediation of the complaints to be drilled to completion, if the complaints are not satisfied, the complaints will be brought to the District level. The Sub-District official will conduct mediation of the complaints until they are settled; if these are not settled they will be brought to the District / Public Works level. The District GRM official will conduct a complaint research. The result of the research or investigation will be informed to the Affected People (APs) no later than 12 days to be discussed with a decision that holds the principle of win-win solution. The results of problem solving or handling of complaints, disseminated through the public space available such as bulletin boards in offices, government offices, and the District Office and the Kelurahan Office.
34. Coordination meetings with Affected Peoples (APs) are conducted to approach the affected people in formulating and agreeing compensation for damages to their homes or assets. Coordination meetings are conducted in each location, i.e.:
The coordination related to the construction of the Sei Selat Bridge was carried out by the Asset Identification Team on July 12, 2016 at Mr. Sardianor's house as the head of RT in Kelurahan Selat Hulu Subdistrict Selat by inviting Affected Peoples (APs), local community leaders and sub district staff. The result of the consultation was that the residents agreed to support the implementation of the bridge construction, the amount of compensation for the affected part of the house and agreed that the residents would be involved in the implementation of the construction of the bridge.
Coordination of the planned construction of the Sei Bagong Bridge was carried out by the Asset Identification Team on July 13, 2016 at the home of Mr. H. Setya Dharma in Kelurahan Selat Tengah Subdistrict Selat by inviting Affected Peoples (APs), local community leaders and sub-district staff. The conclusion of the consultation was that the residents agreed to support the implementation of the bridge construction, the amount of compensation for the partly affected of the house and agreed that the residents would be involved in the implementation of the construction of the bridge.
35. Advanced coordination meeting was also held during the monitoring of the implementation activities of construction of the bridge by the Monitoring and Reporting Team. This team will directly monitor the construction activities of bridge widening and the dismantling and reconstruction of affected people houses . The meeting discussed about complaint handling mechanism, objection or proposal is implemented through the following stages:
If the affected people (AP) feel disturbed by the development process, complaint can be delivered in writing or oral to the chief of RT (hamlet), until it is considered settled if not, it will be taken to the Kelurahan level. The Kelurahan conduct mediation of complaint material to be discussed until it was settled if not, it will be brought to the Sub-District level. The Sub-district will facilitate the resolution of complaint until settled, otherwise will be brought to the District/PU. The District’s GRM officials (the mediation team) will conduct a complaint study, including complaints that directly received by the district team.
The results of such research or investigation will be informed to the Affected People (APs) no later than 12 days to be deliberated. Problem solving or handling of complaints, objections and suggestions will be documented and disclosed for public especially for the APs. Disclosure will be made through available public spaces such as bulletin boards at the Project office, the District Government office, and the Sub-district office and the Kelurahan office.
36. During the construction works of the bridge widening project, the implementation will be monitored by the LCO, the Local Government Unit Work (Satker) and other relevant agencies, including on-site consultations with affected people, communities around the activities and the CIO.
B. ADVANCED COORDINATION
37. Meeting coordination and monitoring in order to evaluate the post population transfer was held on 12-13 October 2017 at the Public Works Kapuas Office. The meeting was attended by Central Unit Work, National Management Consultants, LCO, Unit Work of Kapuas District, City Coordinator and BKM/CIO. The result of this meeting had some conclusions that need to be followed up: a. Further survey to identify the socio-economic data of the 6-affected households;
b. Identify local government programs that can be provided as a form of recovery effort or income restoration for affected people; c. Accelerate the preparation of DDR reports.
As for the recovery efforts, here are some programs that have been agreed: BPJS (Health Insurance), which will be implemented on FY 2018 Quarter 1 to 4,
Financed by the local government’s budget. Customers of Garbage Bank, which will be implemented on FY 2018 Quarter 1 to 4, financed by the local government’s budget.
38. The LCO and Kapuas District Work Unit will conduct consultations and continuous coordination with the affected peoples and the concerned various parties. This consultation aims to determine how far the objectives of the Resettlement have been achieved, and conduct evaluation to ensure the social and economic conditions of affected people are not decreased. The implementation of planned assistance programs should be monitored then. This monitoring and evaluation is expected to provide input to the government in formulating future policies and programs.
C. DISCLOSURE
39. For the disclosure of public information, this Due Diligence Report (DDR) will be uploaded on the ADB and the PWH Ministry website, as well as on the Kapuas District Work Unit ’s (local
Satker ’s) website. Further, the information about DDR will be summarized in the form of leaflet and
distributed for easier access to affected people.
CHAPTER V
POLICY FRAMEWORK FOR RESETTLEMENT RESIDENTS A. OBJECTIVE
40. The objective of resettlement and compensation is to ensure that the project provides
opportunities for affected people to gain benefit so it will not be a worse condition during and after the
implementation.B. LEGAL BASIC POLICY
41. Policy Framework. This DDR has been prepared in compliance with ADBs Involuntary
Resettlement Safeguards (SPS, 2009) and Operation Manual Section F1/BP, March 2010, and the
Indonesian Government’s law and regulations related to land acquisition that include i) Law No. 2/2012
on Land Acquisition for Development in Public Interests; ii) Presidential Regulation no. 71/2012 on
Implementation of Land Acquisition for the Development in Public Interest; iii) Regulation of BPN Head
No. 5/2012 on the implementation guideline for Presidetail Regulation No. 71/2012. In addition, the
Ministry of Finance Regulation No. 13/PMK 02/2013 and Ministry of Home Affair Regulation No.
72/2012 on the guidelines for Law 2/2012 implementation.1. ADB’s Sosial Safeguard Policy Requirements
42. The ADB SPS, 2009 consolidated three safeguard policies, i.e. (i) involuntary resettlement (IR), (ii) indigenous peoples (IP), and (iii) environment. Requirements of ADB’s 2009 SPS indicates the following principles: (i) involuntary resettlements must be avoided where feasible; (ii) minimize involuntary resettlements by exploring project and design alternatives; (iii) enhance the livelihoods of all displaced persons in real terms relative to pre- project levels; and (iv) improve the standards of living of the displaced poor or other vulnerable groups. The scope of the safeguards include physical replacement (relocation, loss of residential land, or loss of shelter) and economic displacement (loss of land, assets, access to assets, income sources, or means of livelihood as a result of (a) involuntary acquisition of land, or (b) involuntary restrictions on land use or on access to legally designated parks and protected areas. It also stipulates whether the losses and involuntary restrictions are full or partial, permanent or temporary. Annex 1 lists the 12 policy principles required to meet the resettlement objectives of ADB’s SPS. The project has been categorized as C for IP (no impact on IP), as no IP have been identified residing in the project locations. The policy on environment is discussed in a separate document.
2. Other ADB’s Crosscutting Policy Themes 43.
ADB’s other crosscutting policy themes includes: (i) the Gender and Development (1998), which adopts gender mainstreaming as a key strategy to promote gender equity and to ensure that men and women participate and that their needs are addressed in all stages including in the decision-making process of development activities; (ii) Public Communication Policy (2011) that encourages active participation of affected people and other stakeholders during project preparation and implementation; (iii) Accountability Mechanism (2012). It is part of ADB‟ s continued efforts to enhance its capacity in responding to and/or resolving the problems associated with the implementation of its policies in all programs or projects it assists. Prescriptions from these crosscutting ADB’s policy themes shall be incorporated and defined in the appropriate sections of the LARPs.
3. Indonesia Government Regulation
44. In 2012, the Government issued Law no. 2 about land acquisition for development for the Public Interest. The purpose of land acquisition is to provide land for the implementation of development in order to improve the welfare and prosperity of the nation, state and society while maintaining the legal interests of the Eligible Party. Some of the things regulated in this rule are:
The availability of land for the construction of public interest is guaranteed by the state; Land acquisition is conduct by the government; Land acquisition must be done in accordance with spatial planning and other related development plans; Implementation of land acquisition for the public interest pay attention to the balance between the interests of development and the interests of society; Land Acquisition in the public interest carried out by administering proper and fair compensation; Disposal of the right holder shall only be made after payment of compensation is completed based on a court decision; The land acquisition process should involve all stakeholders.
4. Gap Analysis and Basic Project Principles
45. A gap was found between ADB's Social Safeguard Policy and Indonesian Government regulations on land acquisition, such as: The law regulate that have to be balance between the interests of development and the interests of the people, but has not yet specifically defined the alignments of the community (including indigenous peoples, vulnerable groups), and the socio-economic evaluation of affected communities.
The law has not clearly set about resettlement, relocation of affected people and illegal government land use arrangements.
C. PROJECT BASIC PRINCIPLE
46. Basic Principles The principles to be applied for the project are as follows:
a. Acquisition of land and other assets shall be avoided and minimized as much as possible by exploring project and design alternatives and appropriate sosial, economic, operational, and engineering solutions that have the least impact on populations in the project area.
b. All affected persons included in the cut-off date are eligible for compensation and rehabilitation assistance, irrespective of tenure status, sosial or economic standing, and any such factors that may discriminate against achieving the objectives outlined above. Neither lack of legal rights to the assets lost, or tenure status or sosial or economic status will not be a bar for the APs from entitlements to such compensation and rehabilitation measures. c. APs who have no recognizable rights or claims to the land that they are occupying, (e.g. informal dwellers/squatters), are entitled to compensation for loss of non-land assets and various options of resettlement assistance.
d. APs shall be fully consulted and informed on the project, their entitlement and resettlement options. As well as the assistance measures. Ensure the APs participation in planning, implementation, and monitoring and evaluation of resettlements programs. Particular attention will be provided to the vulnerable groups and ensure their participation in consultations.
e. The project will not cause physical displacement of APs from housing and/or lose 10% or more of total land owned or productive income. If the proposed infrastructure indicates the need to relocate people, the proposed infrastructure will be dropped from project financing.
f. The living standards of the affected people are not expected to be reduced due to the small scale of the land acquisition. This will be ensured in the LARP.
g. There shall be an effective grievance redress mechanisms to receive and facilitate resolution of the affected persons’ concern during the preparation and implementation of LARPs.
h. Details of the LARPs, including documentation of the consultation process shall be disclosed to APs and any interested groups through public meetings and in the form of summary LARPs or information booklets and leaflets in a language that can be understood by the APs and in an accessible places (such as neighborhood notice board, project and commune offices). i. Appropriate monitoring shall be carried out to assess land acquisition objectives and their impacts on the standard of living of the APs. The M& E, mechanisms shall be identified and set in place as part of the land acquisition management system. Monitoring reports should be disclosed. j. Civil works will not be commenced until (a) payment has been fully provided to the
APs and rehabilitation measures if any, are in place; (b) already-compensated APs have cleared the area in a timely manner; and (c) the area is free from any encumbrances.
D. MATRIC OF AFFECTED PEOPLE RIGHT
47. The rights of affected people matrix in the table below summarizes the rights and assistance received by affected peoples.
48. Table 7. Entitlement Matrix
Impact Type Aplication Qualified Person Project Entitlement and/or Assistance Permanent Impact Loss of entire Impacted Mrs Mahmudah Compensation will be provided in building (1 house as buildings as a cash to affected people in
Impact Type Aplication Qualified Person Project Entitlement and/or Assistance place of business whole accordance with the reasonable relocated) reimbursement value for the Area of 1 building (resettlement) (one) building
Affected people are entitled to is 13 m2 compensation for relocation. The affected peoples are entitled to new installation assistance for electricity and clean water; Affected people are entitled to a livelihood recovery program and the opportunity to work.
LCO and the Kapuas District Unit Work facilitate demolition and transportation LCO and Unit Work provide opportunities for the affected peoples if they want to become a manpower on the project.
The District Government of KAPUAS will provide facilitation for life recovery program for affected people.
Loss some of house Residents
5 Affected HH Citizens get compensation to porchs house restore back the porch of his house in accordance with the RRV.
LCO and the Kapuas District Unit Work facilitate demolition and transportation The LCO and Unit Work provide opportunities for affected people to become involved in the workforce Lossing Business Affected people are entitled to RRV for loss of income for 2 months after resettlement; Affected people are entitled to moving expenses and the cost of transition.
Loss of building Post for The rebuilding of the storage of fire structure storage of fire post equipment
LCO and Unit Work provide RRV for rebuilding. Rights for Vulnerable
6 Affected Peoples Vulnerable groups will get an Households economic improvement program
Economic recovery program will be sustainable.
CHAPTER VI IMPACT AND COMPENSATION A. REASONABLE REIMBURSEMENT VALUE
49. Reasonable Reimbursement Value is the value of ownership based on equity with Market Value of a Property, with exceptional attention of extraordinary elements of non- physical loss cause by the acquisition of rights to the Property (SPI 102 - 3.10). Reasonable Reimbursement Value (RRV or NPW, Nilai Perhitungan Wajar) is defined the same as the value of compensation as stipulated in Law No. 2 Year 2012. RRV can be generated from a combination of physical losses and non-physical losses on an assessment object. This combination can be described as the sum of Market Value indications for physical losses plus an indication of the value of non-physical losses.
50. Land. The land occupied by affected people belongs to the Kapuas District Government, so there is no calculation of Reasonable Reimbursement Value (NPW) to the land for affected people.
51. Residential Buildings and Porch. Houses affected only one house, with an area of 13 square meters, whereas five (5) houses affected partly (only the house porch) with a total area of 66 square meters. All house structures are semi-permanent. The age of the building varies between 16 - 23 Years.
52. Utilities (PLN and PDAM). New installations of PLN (Power Utility) and PDAM (Water and Pipeline Utility) will be allocated to one AP. The RRV is provided based on the new tariff of PLN and PDAM in 2017 applicable in Kapuas District.
53. The Reasonable Reimbursement Value of the affected physical losses (buildings and utilities) is calculated as follows: RRV of house building is calculated by using the latest unit price of building materials set by the Regent. Calculation of unit price per square meter for semi- permanent building is Rp.939.800,-. Details of unit price can be seen in the appendix 6.
RRV for utilities for new installations of PLN based on the price of 2017 is Rp.
1.400.000,-/house; and for installation of new Water Installation for Low Income Community (MBR, Masyarakat Berpenghasilan Rendah) is Rp. 120.000,-/ household.
Table 8. Reasonable Reimbursement Value of Building House and AP Utilities
Total No. Item Unit Price (IDR) Volume 2 (IDR)01. Building 939.800 66 m 62.026.800
02. Utilities
- Electric Instalation 1.400.00 1 HH 1.400.000
- Water Instalation 120.000 1 HH 120.000
Total Reasonable Reimbursement Value 63.546.800 Source: Primary Data, processed already, November 2017
The total RRV for buildings of 6 affected people including utilities and electricity and drinking water costs is Rp. 63.546.800, -. Details of NPW for utility can be seen in the appendix 4.
54. Public Facility. The affected public facilities are the demolition and removal of 2 units
of electricity poles, Telkom poles and fire safety post located around the bridge construction path. It is assumed that the transfer and rebuilding cost of the above mentioned public facilities is Rp. 12,050,000,-.
Table 9. Reasonable Reimbursement Value of Public Facility
Total No. Item Unit Price (IDR) Volume (IDR)
01. Electric Instalation 1.400.000 2.800.000
2 Unit
02. Water Instalation 750.000 750.000
1 Unit
03. Telkom Instalation 5.000.000 5.000.000
1 Unit
04. Safety Fire Post 3.500.000 3.500.000
1 Unit
Total Reasonable Reimbursement Value 12.050.000 Source: Primary Data, processed already, November 2017
55. Loss of business income. The displacement of citizens will have an impact on their
income, especially for those who have jobs as traders (shops and stalls). Out of six (6) people affected, there are 4 residents who are living as traders and their income will be affected. As for the people who work as laborers and private employee, their income will not likely be affected. The RRV for loss of income (temporarily) is calculated by assuming that for 2 months the AP will not be able to run their business properly. Thus, the monthly income amount of the AP becomes the unit price of loss of operating income. Details of RRV Loss of income is as follows:
Table 10. Reasonable Reimbursement Value of Loss of Business Income
Moving Cost Income Per Total R R V of R R V No Name Age Gender Occupation Assumption Day (IDR) (IDR) Building (IDR) 2%01. MAHMUDAH
42 P Trader 100.000 6.000.000 12.217.400 244.348 6.244.348
02. SARDIANOR