THE GOVERNMENT OF THE SPECIAL CAPITAL CITY REGION OF JAKARTA PROVINCE OFFICE OF PUBLIC WORKS

THE GOVERNMENT OF THE SPECIAL CAPITAL CITY REGION OF

JAKARTA PROVINCE Translated base on:

Doc. Ref: 4928/-1.793.2 July 14, 2015

OFFICE OF PUBLIC WORKS

Revised: August 21, 2015

Public Disclosure Authorized Jl. Taman Jatibaru Number 1 Tel. 3803302 – 3865546 – 3845266 JAKARTA REVISED REPORT OF LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) Location PAKIN – KALI BESAR - JELANGKENG PINANGSIA SUB DISTRICT TAMANSARI DISTRICT

Public Disclosure Authorized

AND TAMBORA SUB DISTRICT TAMBORA DISTRICT WEST JAKARTA AND PENJARINGAN SUB DISTRICT PENJARINGAN DISTRICT NORTH JAKARTA

Public Disclosure Authorized August 2014

Public Disclosure Authorized

TABLE OF CONTENTS

TABLES

Table 1 : Summary of Land Affected by the Project Table 2 : Summary of Structures Affected by the Project Table 3 : Summary of Profile of Project Affected People Table 4 : Summary of Economic Activuty of Project Affected Person Table 5 : Summary of Economic Condition of Project Affected People Table 6 : Summary of Facilities and Infrastructure of the Project Affected People

Table 7 : Summary of Public Perception and Aspiration of the Project Affected People Table 8 : Summary of Vulnerable Groups and Students Table 9 : Implementation of Land Acquisition Timeline Table 10 : Implementing Agencies of Resettlement of Project Affected People at the Krukut Cideng and Krukut Lama Drains Table 11 : The Work Plan of Handling PAPs in Krukut Cideng and Krukut Lama

Sub Project ATTACHMENTS Attachment 1 : Photos Condition of Project Location Attachment 2A : Work site Activities Plan Attachment 2B : Sample Crossection surrounding Project Affected People Attachment 3 : List of Project Affected People and Asset Attachment 4 : Sketch of Project Affected People site Attachment 5 : Summary of Structures and Project Affected People Attachment 6 : Governor of DKI Jakarta Instruction No. 48/2014 on Implementation

of Resettlement of the JEDI Project Affected People

Attachment 7 : Governor of DKI Jakarta Regulation No. 111/2014 on Mechanism of Inhabited Rusunawa. Attachment 8 : Workplan Handling Project Affected People Attachment 9 : Presentation of Working Group on Orderly Residential Housing and

Government Building of DKI Jakarta

I INTRODUCTION

1.1. Background Jakarta flood control requires mass rehabilitation of river/drain, canal and dams. The rehabilitation must be accompanied by a flood management plan to ensure that the system works optimally. The result of simulation after the 2007 flooding shows that the physical works in 12 main rivers/drains / canals and 4 dams in Jakarta by restoring the flood control systems and functions according to the initial design are predicted to reduce by 40% the inundated areas to secure 1 million people of Jakarta. With regard to that issue, the DKI Jakarta Provincial Government, the Government of Indonesia (GoI)

– in this matter the Mininstry of Public Works and the World Bank entered into cooperation for dealing with flood through Jakarta Urgent Flood Mitigation Project /Jakarta Emergency Dredging Initiative Project (JUFMP/JEDI). The rivers/ drains/ canals and dams (waduk) included in the project are, among others, Upper Sunter, Lower Sunter, Cengkareng Drain, Ciliwung-Gunung Sahari Drain, Sentiong-Sunter Drain, Waduk Melati, Cideng-Thamrin Drain, Waduk South Sunter, Waduk East Sunter III, Waduk North Sunter, Lower Angke, Tanjungan Drain, West Flood Canal, Grogol- Sekretaris Drain, Pakin-Kali Besar- Jelakeng Drain dan Krukut – Cideng.

However, the dredging of rivers/drains / canals in Jakarta may lead to potential social impacts in the form of resettlement of the people of the areas that need to be dredged. The potential

– impacts will be experienced by the people occupying state land at the Pakin-Kali Besar Jelangkeng Sub project. In order to deal with this issue, the DKI Jakarta Government, in this matter the the PIU of the Office of Public Works (now-Water Management Office) has prepared the Project-Affected People Resettlement Plan Document in the Pakin - Kali Besar - Jelangkeng Sub Project.

1.2. Potential Impacts The potential impacts of the dredging of Pakin - Kali Besar - Jelangkeng Sub Project on the people include loss of settlements. Below is the explanation of the impacts.

a. Activities requiring land acquisition

In 2010, the Ministry of Public Works (now-Ministry of Public Works and Public Housing) prepared DED and LARAP documents. The LARAP documents concluded that the dredging and construction of sheet piles are located along the Pakin - Kali Besar

– Jelangkeng Sub Project or State Land. People occupying the Pakin - Kali Besar – Jelangkeng area that will be affected by the project (PAPs) are categorized as "Incroanchers and Squatters". They use the land of the Pakin - Kali Besar – Jelangkeng River for residential, public/social

facilities purposes and other business. They have been utilizing the land for more than 2 years, even for more than 75 years for several people.

b. Locations of Affected Structurs

Incroachers and Squatters of the Pakin - Kali Besar - Jelangkeng is an issue that should be addressed in the Jakarta Urgent Flood Mitigation Project / Jakarta Emergency Dredging Initiative (JUFMP/JEDI) project activities. The affected structurs are located in the area of drain. If the drain is to be dredged and the sheet piles to be constructed, they must be relocated. Most structurs that will be affected by the projects are permanent and some of them are semi permanent. Non permanent structurs are mostly used for business and car parking.

1.3. Objectives

The objective of the Resettlement Plan (LARAP) is to explain the principles, procedures and methods of organization to be implemented in the land acquisition and resettlement, namely: c.

To specifically explain the choice of compensation for the Project Affected Persons (PAPs); d.

To specifically determine the assistances for resettlements and special assistance;

e. To specifically determine the work plan for the implementation of land acquisition and resettlements.

II. GENERAL DESCRIPTION OF THE PROJECT

2.1. Project Location The areas directly affected by the concrete block renovation and dredging of the Pakin - Kali Besar

– Jelangkeng Sub Project include:

 Tambora Sub District, Tambora District, West Jakarta Tambora Sub District is located in Tambora District West Jakarta. Its total population is 11,129 people consisting of 5,818 men and 5,311 women. Its density is 39,283 people/ km2. Its total area is 28.33 km2 consisting of 59 neighborhood blocks (RTs) and 7 neighborhood wards (RWs).

 Roa Malaka Sub District, Tambora District West Jakarta Roa Malaka a sub district located in Tambora Sub District, West Jakarta. It borders Penjaringan Sub District to the north, Pekojan to the West, Pinangsia Sub District to the east and Tambora Sub District to the south. Its area is 53.1 Ha. Its population is 3,133 people consisting of 1,595 men and 1,538 women with the density of 5,900 people / km2.

 Pinangsia Sub District, Tamansari District West Jakarta It is located in Taman Sari District West Jakarta. It borders Pademanangan District to the North, Tambora District to the West, Mangga Besar District to the East and Gambir District to the west. Its total population is 10,808 people consisting of 5,318 men and 5,490 women with 58 neighborhood blocks and 7 neighborhood wards.

 Penjaringan Sub District, Penjaringan District, North Jakarta It is located in Penjaringan District North Jakarta. It borders the Java Sea to the North, Pluit and Pejagalan Sub District District to the West, Pademangan District to the East and Tambora District to the West. Its total population is 44,210 people consisting of 23,000 men and 21,210 women with the density of 39,283 people/km2 and an area of 771 ha with 20 neighborhood blocks and 242 neighborhood wards

2.2. Project Activity Plan The Pakin - Kali Besar - Jelangkeng Sub Project through the Jakarta Urgent Flood Mitigation Project / Jakarta Emergency Dredging Initiative (JUFMP/JEDI) is planned to dredge an area with the length of 3,650 m with the expected volume of 95,000 m3 while the embankment to be renovated is 2,880 m. The activities will be started in August 2015.

The Activity Plan Location photos and figures are given in Attachments 1, 2a and 2b.

III. CHARACTERISTICS OF PEOPLE, LAND AND STRUCTURES TO BE AFFECTED

BY THE PROJECT Based on the draft LARAP document prepared by the Directorate General of Water Resources of the Ministry of Public Works of the Republic of Indonesia in 2010, the Office of Public Works of DKI Jakarta conducted a survey data update in October-December 2013. The re-survey in the Pakin - Kali Besar - Jelangkeng Sub Project indicates that there were 63 households there and out of that number, 11 households were willing to be interviewed and the remaining 52 households were not. The existing structures included (i) 53 plots of structure sites (houses/ houses and stalls places) (ii) six plots of business places / stalls and (iii) 3 public and social facilities in the forms of the Bank Indonesia Museum, security posts and PLN stations. The soil. The structures/asset conditions are explained below:

3.1. Description of Land Affected by the Project

The total plots of land in the Pakin - Kali Besar - Jelangkeng Sub Project inhabited by the people are 75 structure sites but only 11 PAPs were willing to be interviewed with the total area of 8,842 m2 with the most extensive area of 8,000 m2 and the smallest was 4 m2 with the land ownership as follows: 5 (45%) people declared they own the land under freehold titles, 6 (55%) said that the land they are controlling belong to the state, including Bank Indonesia. In the Pakin - Kali Besar - Jelangkeng Sub Project, 11 inhabiters of the plots of land controlled were interviewed. Nine plot owners (82%) were owners of houses and two plot owners (18%) were owners of public/social facilities (Security post and Bank Indonesia museum). With regard to land ownership elsewhere, 7 (64%) people said they “have land elsewhere”, 2 (18%) people said they “do not have land elsewhere”. With regard to the method to land acquisition, the following answers were obtained: miscellaneous (merely occupying) : 4 (36%), buying 1

(10%) and using the land as a public facility : 2 (18%). Meanwhile for the land acquisition at the Pakin - Kali Besar - Jelangkeng Sub Project, the following answers were obtained: for business: 4 (36%), for houses : 3 (27%), others : 2 (18%) and public/social facilities (Security post and bank Indonesia museum) : 2 (18%). The aforementioned information is presented in the table below.

Table 1: Summary of Land Affected by the Project

No Land Description Remarks

Respondents’ Responses and percentage (%) Out of 63 PAPs at the Pakin-Kali

1. Land ownership State land Use Rights Besar-Jelangkeng, only 11 PAPs status 6 (55%)% 5 (45%) were interviewed, the

2 Land ownership Yes No Noreply/public/ remaining 52 PAPs refused to be interviewed elsewhere social facilities

7(64%) 2 (18%) 2 (18%)

3. Land acquisition Purchasing Inheritance Miscellaneous (inhabiting) No reply/ social method 1 (10%) 4 (36%) 4 (36%) facilities 2 (18%)

4. Utilization Settlement Business Public/social Miscellaneous facilities (warehouse/parking)2(1 3 (27%) 4 (36%) 2 (18%) 8%)

3.2. Description of Structurs Affected by the Project

With regard to structures to be affected by the project, out of 63 structures at the Pakin - Kali Besar - Jelangkeng Sub Project, only 11 owners were interviewed answering as follows : (i) 3 (5%) were used as residences , (ii) 50 (81%) were used as houses and stall ( small business), (iii) 6 (10%) for stall and (iv) 3 (5%) for public and social facilities in the forms of security posts and Bank Indonesia Museum. With regard to structures around the Pakin - Kali Besar

– Jelangkeng drains, most of them were permanent and semi permanent. The most extensive area was 6,000 m2 in the form of Bank Indonesia Museum and the smallest area was 3 m2 in the form of a security post.

Table 2. Summary of Structures Affected by the Project No Form of Loss Total Remarks

1. Houses 15 (24%) All houses are permanent

2. Houses and business 38 (60%)

3. Business 6 (10%)

4. Barn / ponds 0(0.00%)

5. Public/social facilities 3 (5%) The forms of security post and Bank Indonesia Museum TOTAL : 62 (100%)

3.3. Description of Project Affected Persons

3.3.1. Profile of Project Affected Persons (PAPs)

Profiles of the Pakin - Kali Besar - Jelangkeng Sub ProjectAffected Persons are as follows: there were 63 household, 11 were interviewed and 52 refused to be interviewed, the interviewed household provided answers as follows: By sex consisting of: (i) 9 men (82%), no women (0%) and 2 (18%) units of public/social facilities-no respondent.

By age 6 Households (55%) were aged > 55 years, 3 (27%) aged between 50 and 55 years, 40

and 50 years and 30 and 40 years and 2 (18%) no respondent (public/social facilities).

Education: Most head of households education finishing middle school, namely as many as 4 (36%), 2 (18%) finished high school, 3 households (27%) finished elementary school, academy (D1, D2 and D3) and college.

Main Occupation of the Household Head: Most PAPs interviewed or 6 households (55%) stated they work as entrepreneurs/traders, 2 (18%) answered others (informal work/unemployed), 1 household (9%) works as laborers.. With regard to marital status, 9 household are married (82%) and the others 2 units (18%) no respondent.

Table 3. Summary of Profile of Project-Affected Persons Profile Re. No Descripti Profile (Number and percentage) on

Out of 63

1. Sex Male Female Public/social facilities

PAPS in

9 (82%) 0 (0%) 2 (18%)

Pakin-

2. Age 20-30 30-40 40-50 50-55

55 Public facilities

Kali

(year) 0(0%) 1(9%) 1(9%) 6(55%) 36(16% 2 (18%)

Besar-

)

Jelangke Education Finished Middle High Academy Degree Public/social 3. ng Sub elementary school/ school (D1/D2/D3) facilities project, school/equal equal only 11

1(9%) 4(36%) 2(18%) 1(9%) 1 (9%)- 2 (18%) PAPS

4. Main Job Entrepreneur / Miscellaneous (not working/ Laborer Public/social were trader informal work) facilities interview 6 (55%) 2(18%) 1(9%) 2(18%) ed, the remainin

5. Marital Married Widower Widow Single

g 52

status 9(82%) 0(0%) 0(0%) 2(18%)

PAPS

6. Origin Native Newcomer couple Public/social facilities

refused

couple

to be

7 (64%) 2 (18%) 2(18%)

interview

7 ID Card No ID card

ID card : address

ID does not Public/social

according to ID match address facilities 1(9%) 6(55%) 2(18%) 2 (18%)

Origin and Population Status : 7 households (64%) declared themselves as native couples, 2 couples (34%) declared themselves as non-native couples, and 2 units (18%) were public/social facilities. With regard to ownership of Identity Cards, the following data was obtained: 6 households (55%) have ID Card according to the location, 2 (18%) have DKI Jakarta

ID Cards, but their addresses do not match the site, 1 household (9%) does not have ID card and 2 units (18%) are public/social facilities.

3.3.2. Economic Activity of Project Affected People With regard to area use, people at the Pakin - Kali Besar - Jelangkeng Sub Project use the drain areas for economic sites such as for food stalls (80%) and warehouse (20%), that are generally own-managed. They state they have no business elsewhere. With regard to their business plan, all of them (100%) stated they will remain doing business in the same location. The following table shows the people’s economic activity.

Table 4. Summary of Economic Activity of ProjectAffected Persons Number Description Survey Result

1. Businesses affected by Food stalls Other business (warehouses) the project 4 (80%) 1 (20%)

2. Business ownership Own business others 5 (100%) 0 (0%)

3. Business elsewhere No Yes 5 (100%) 0 (0%)

4. Business plan after being Doing business in Making new Stop doing affected by the project the same location business business 5 (100%) 0 (0%) 0 (0%)

3.3.3. Economic Condition of ProjectAffected Persons Project Affected Persons (PAPs) work as laborers, private employees, entrepreneurs/traders and some of them do not work / do informal jobs. Out of 11 PAPs interviewed, only 9 households provided answer because the other two structures were public/social facilities. The data indicates that 56% of the respondents have another family member who also works while the remaining 44% answered that only their family heads work. With regard to monthly income of the family, 67% stated they make > Rp 3,000,000/month, 22% answered they make between Rp 1,000,000 and RP 2,000,000, 11% answered they make between Rp 2,000,000

and Rp 3,000,000. With regard to expenditure, 45% people expend more than Rp 3,000,000 /

month, 33% stated thay spend between Rp 2,000,000 and Rp 3,000,000/month and 22%

stated they spend around Rp 1,000,000 and Rp 2,000,000 / month.

With regard to family transportation expenditure, the following data was obtained : 38% of

the people expend > Rp 25,000/day, 22% of the people expend around Rp 5,000

– Rp 10,000 / day, 11% of the people expend around Rp 15,000
– Rp 20,000 / day, and the remaining 33% did not answere (they spend more time at homes).

Table 5. Summary of Economic Condition of Project Affected Persons No. Description Survey Result

1. Other household Yes No member than head 5 (56%) 4 (44%) working

– 2. Total Revenue > Rp 3,000,000 Rp 2 million Rp 1 million-2 million

(Rp/month) Rp 3 Million 6(67%) 2(22%) 1(11%)

– 3. Total expenditure > Rp 3,000,000 Rp 2 million Rp 1 million-2 million

(Rp/bulan) Rp 3 Million 4(45%) 3(33%) 2(22%)

4. Family transportation >Rp 15 Rp 5 - >Rp 25 No

– Rp 10 expenditure (Rp/day) thousand thousand thousand answer
– Rp 20 thousand 1 (11%) 2 (22%) 3 (33%) 3 (33%)

3.3.4. Facilities and Infrastructure

With regard to electricity, most household or 82% families use direct connection from PLN,

and 18% are public/social facilities consisting of security posts and Bank Indonesia Museum.

For drinking water, 55 % houseolds use PAM service in their houses, 18 % use wells/jet pumps.

For sanitation water, 55% use PAM service in their houses, 18 % families use wells/jet pumps.

For sanitation facilities, 36% answered they have their own toilets, 36% answered the toilets

are connected to rivers.

Table 6: Summary of Facilities and Infrastructure of the Project Affected Persons

No Description Survey Result

1 Electricity Direct Connection from PLN Public/social facilities 9 (82%) 2 (18%)

2 Drinking Water PAM in own house Well/pump in Others (car Public/social 6 (55%) own house pool) facilities 2 (18%) 1 (9%) 2 (18%)

3 Sanitation Water PAM in own house Well/pump in Others (car Public/social 6 (55%) own house pool) facilities 2 (18%) 1 (9%) 2 (18%)

4 Toilet Own toilet Connected to Others (car Public/social 4 (36%) river pool) facilities 4 (36%) 1(9%) 2 (18%)

5 Transportation Motorbike On foot Own car Public/social Means 4 (36%) 3 (27%) 2 (18%) facilities 2 (18%)

Regarding means of transportation used by people, 36 % families said they use motorbikes,

27% stated they only do activities around the residences resulting in they travel on foot, 18%

families use cars.

3.3.5 Perceptions and Aspirations

Most of the people of the Pakin - Kali Besar

– Jelangkeng Sub Project interviewed are already
aware of the existence / plan of the Jakarta Urgent Flood Mitigation Project / Jakarta

Emergency Dredging Initiative (JUFMP / JEDI) (45%), while 36% stated they are not aware of

it and the remaining 18% no need data, because there are public/social facilities in the forms

of security posts and Bank Indonesia Museum. With regard to information source, 73% stated

they know the project from government apparatuses (district heads, sub district heads,

RT/RW), 9% did not answer. With regard to opinion if they must be relocated to leased vertical
houses, as many as 55% people answered “agree”, 27% stated “disagree” and the remaining 18% are public/social facilities in the forms of security post and Bank Indonesia Museum.

Table 7. Summary of Public Perception and Aspiration of the ProjectAffected Persons

No Description Survey Result

1. Project Existence Know Do not know public/social facilities 5(45%) 4(36%) 2 (18%)

2. Information Apparatus (District Head, Sub Others (do not public/social facilities source District Head, Neighborhood know) Block/Ward head)

8(73%) 1 (9%) 2 (18%)

3. Opinion if they have to be Agree Disagree public/social facilities relocated to leased vertical house 6 (55%) 3 (27%) 2 (18%) No Description Survey Result

Permission to Attention to the

4. Expectation/ Compensation No relocation

reopen business pubic

Recommendation 2 (18%) 1 (9%)

2 (18%) 2 (18%) Agree the Supporting Make it better public/social dredging 1 (9%) than now facilities 1 (9%) 1 (9%) 2 (18%)

The people’s expectation / proposal in connection with the construction of sheet pile at the

Pakin - Kali Besar - Jelangkeng Sub Project area include : compensation on lost assets,

permission to reopen business after the project, better condition than now, support and

attention to the local people.

3.3.6. Vulnerable groups and students

Vulnerable groups in this description include those aged between 55 years and above and

those with difficult economic conditions for holding no job rendering them dependent on

other people. The economic condition indicator used is the "Sayogyo Paramater" as follows:

a person is said to be below the poverty line if the annual income is equivalent to 480 kg of

rice. Assuming the price of rice is now Rp. 8000 / kg, then the people who earn less than Rp.

320,000 / month or Rp. 1,280,000 family / month are considered living below the poverty line.

Table 8: Summary of Vulnerable Groups and Students No. Description Survey Results

1. Vulnerable groups Poor family Female family head

1 Old family head Not having land nor houses elsewhere

2. Students Elementary school: 3 students Middle School : 1 students High School: 2 students

With regard to students who are forced to relocate, the total estimate is 6 students but it is

predicted that they have now finished high school as the data in table 8 was collected in 2013.

IV. PROJECT IMPLEMENTATION PLAN

4.1. Policy of the Government of DKI Jakarta Province

Dredging of drains, canals and dams in DKI Jakarta, including the Pakin - Kali Besar - Jelangkeng sub project is an effort to reduce flooding while restoring functions of bodies of drains/rivers / canals and dams in which the banks of Rivers/Drains / Canals and Dams occupied by the people will be restored. In the effort to reclaim land around Drain/River/ Canal and Dam, the Government shall not provide cash compensation for the land, structures and other assets existing thereon (State Land). The DKI Jakarta Provincial Government policies are as follows:

a. Resettlement to decent locations

Houses and / or other structures affected by the dredging project in general are supplemental structures such as kitchens and toilets so that the remaining structures can still be occupied. The DKI Jakarta Provincial Government has allocated better places for the relocation. If they agree to be relocated, through the 2015 Orderly Settlement Sub Task Force Action Plan, the Office of Housing and Government Building of DKI Jakarta Province will resettle the Jakarta Urgent Flood Mitigation Project / Jakarta Emergency Dredging Initiative (JUFMP / JEDI) Project Affected Persons at the Pakin

– Kali Besar – Jelangkeng to Rusunawa (leased vertical houses) Jatinegara Kaum or Rawa Buaya. The Rusunawa is the manifestation of the leased vertical houses program of the Office of Housing and Government Building of DKI Jakarta Province which will be ready in 2016. The Rusunawa acquire will use the stand by / coupon system by meeting the requirements of Regulation of the Governor of DKI Jakarta Province Number 111 of 2014 concerning Mechanism for Occupying Rusunawa. The system dictates that the PAPs affected by the Package 7 JEDI Project who have met the requirements of Regulation of the Governor of

DKI Jakarta Province Number 111 of 2014 will be given coupons indicating that the PAPs are entitled to the vertical houses but they will only be able to occupy Rusunawa once they are ready in 2016. According to the coordination meeting on the implementation of Package 7 LARAP, the Head of Gambir District informed that not all PAPs structures will be affected by the activity as only several structures will be demolished and there will be buildings that can be temporarily occupied by the people. Therefore, pending the complete construction of the Rusunawa by the Office of Housing and Government Building of DKI Jakarta Province, the PAPs can occupy the remaining structures.

The requirements, registration and determination of the PAPs entitled to occupy the Rusunawa are regulated in Governor Regulation Number 111 of 2014 chapter 3, article 4 and article 5. Below are the requirements for the PAPs to occupy the Rusunawa: a) Having ID Card and Regional Family Card.

b) Having income proved by certificate of income.

c) Having TIN (number of taxpayers).

d) Married, proved by marriage certificate or equivalent document.

e) Not having own house proved by certificate of the head of sub district.

f) Able to pay the Rent Costs of Rusunawa, electricity, water and/or other fees determined by the Head of UPRS (Rusunawa Management Unit) b. Land Compensation

Utilizing state land along such as drain/river banks, canal, and dam is an illegal action and not allowed by law or province regulation. Therefore, The DKI Jakarta Provincial Government will not provide any cash compensation for their efforts to restore land functions at the Pakin - Kali Besar - Jelangkeng Sub Project utilized by the people to date. Meanwhile, for rightful owners, the mechanism will be set in accordance with laws and regulations.

c. Structures Compensation Activities to build a houses, business place and take advantage of State Land, in this case the Riverbanks of the Pakin - Kali Besar - Jelangkeng constitute land grabbing that is in violation of Province Regulation on Public Order and Water Resources Law. Besides that, it will disrupt the flow pattern of the surrounding drainage and will cause flooding.

Therefore, the DKI Jakarta Provincial Government will not provide cash compensation on the structures that must be demolished due to the dredging activities and construction of sheet pile in order to restore the function of the Pakin - Kali Besar - Jelangkeng drains. Meanwhile, for structures erected on land with freehold title, the mechanism will be provided according to the applicable laws and regulations.

4.2. Legal Analysis

A legal analysis of legislations is needed to ensure the effectiveness of land acquisition and activity of resettlement at the Pakin - Kali Besar

– Jelangkeng Sub Project which require the analysis of the aspects as follows:

a. Planning, Organizing and Implementing Aspects The legislation that is the ground of land acquisition has been revised by the introduction of Law Number 2 of 2012 concerning Land Acquisition for Public Interest followed by Presidential Regulation Number 71 of 2012 concerning Land Acquisition for Public Interest and Regulation of the Head of the National Land Agency Number 5 of 2012 concerning Technical Guidelines for Land Acquisition. With the issuance of the three regulations, legislations previously used as the legal grounds for land acquisition for public interest are no longer in force.

The Resettlement Policy Framework (KKPK) which serves as the Resettlement Plan (LARAP) prepared in 2010 still uses the old legislations as the legal ground namely Presidential Regulation Number 36 of 2005 concerning Land Acquisition for Public Interest as amended by Presidential Regulation Number 65 of 2006 and its implementing regulations. To that end, in preparing the Resettlement Plan, it is necessary to adjust with the old legislations. To adopt with the new legislations, namely Law Number 2 of 2012, Presidential Regulation Number 71 of 2012 and Regulation of the Head of the National Land Agency Number 5 of 2012, the duties and functions of P2T are now implemented by the Land Acquisition Preparation Team formed by the Governor, along with several other activities requiring adjustment.

b. Funding Aspects The funding of Land Acquisition for Public Interest is done by the agency requiring the land and stated in a budgeting document according to the legislations namely provisions of Regulation of the Minister of Finance concerning procedures for the execution of State Budget and implementation and accountability of operational costs and supporting costs referring to the legislations in the field of regional finance management. Land Acquisition for Public Interest is funded by State Budget and/or Regional Budget as regulated in Regulation of the Minister of Finance Number 13/PMK.02/2013 and Regulation of the Minister of Home Affairs Number 72 of 2012. The funds for Land Acquisition consist of compensation, operational costs and supporting costs for the activities as follows: a. Planning;

b. Preparation;

c. Implementation;

d. delivery of result;

e. Administration and management and

f. dissemination

The operational costs and supporting costs as mentioned above do not include ompensation

and assessor’s fee. The mechanisms of land acquisition and resettlement can be seen in Table 9 below:

– KALI BESAR - JELANGKENG PACKAGE : PIU 7 / OFFICE OF WATER MANAGEMENT OF DKI JAKARTA

PIU of DKI Jakarta

IMPLEMENTATION OF LAND ACQUISITION AND RESETTLEMENT IN JUFMP/JEDI SUB PROJECT SUB PROJECT : PAKIN

No Description of Activity Location (Sub District/District)

Person in Charge Allocation Estimate Source Remarks Time Cost

And implementer (Work Days) (Rp) FUND

I LAND PROCUREMENT PLANNING

State Budget *) made by the agency requiring the land in this case the Project Implementation Unit (PIU) under the Office of Water management of DKI Jakarta and relevant technical agency or professional agency appointed by the PIU

1 Land Acquisition Plan a.

Feasibility Studies PIU/Associated Agency / Professional Agency b. Preparation of Land Acquisition

Documents

2 Submission of Land Acquisition Plan Document to the Governor of DKI Jakarta

II LAND ACQUISITION PREPARATION

1 Formation of Preparation team/Secretary of the Preparation Team Governor of DKI Jakarta

Preparation team

Study Team

14 a. Inventory of Problems that are the reason of objection

10 Implementation of Team Study

9 Formation of Study Team Secretariat Head of the Preparation Team

Formed when there are objections after public consultation

8 Formation of Study Team Governor of DKI Jakarta

7 Official Report of Agreement Preparation team

6 Public Consultation of Development Plan Preparation team

5 Initial Data Collection of Development Plan Location

10 Members : Mayor, SKPD, PIU, relevant agency

Electronic Media Preparation team

Mass Media Preparation team b.

4 Direct Notification of Development Plan Preparation team a.

Head of the Preparation Team

3 Official Report of Dissemination / Face to Face

15 Table 9

Preparation team The governor can delegate the land acquisition preparation implementation to mayors c. Notification

Preparation team b. Face to Face

20 a. Dissemination

2 Notification to Development Plan

Preparation team

IMPLEMENTATION OF LAND ACQUISITION

Data collection Task force B e.

According to authority (Head of BPN regional office or Head of land office) b.

Formation of land acquisition task force

6 Inventory and Identification 30 a.

Notification to entitled party Land Acquisition team/ task force b.

Measurement and mapping of fields Task force A c.

Making of field maps Task force A d.

Issuance of Nominative data Task force B

5 Preparation of land acquisition implementation a.

7 Minutes of Inventory and identification Head of Task Force

8 Announcement of inventory and identification result Head of Land Acq.

Executive Agency

9 Objection from the entitled party as above

Preparation of work plan Head of Land Procurement Executive Agency

16 b.

Meeting / Clarification with the Objecting Party

13 Land Acquisition Implementation Application

Study Team c. Acceptance/rejection of objection

Study Team d. Delivery of acceptance/rejection of objection

Study Team

11 Determination of Development Location The Governor of DKI Jakarta

12 Announcement of Development Location The Governor of DKI Jakarta

PIU

4 Determination of membership of land acquisition implementer and local secretariat

III

REGIONAL BUDGET

1 Assignment of the local land office head as the chairperson of land acquisition Head of Jakarta BPN Regional office

The assignment will consider the efficiency, effectiveness, geographical condition and human resources

2 Report of assignment of local land office head Head of Jakarta BPN Regional office

3 Determination of membership of of land acquisition implementer and regional secretariat of DKI Jakarta

Head of Jakarta BPN Regional office

Head of city land office

20 Delivery of monetary compensation

Minutes of delivery of compensation in the form of substitute land PIU/entitled party e.

Receipt of delivery of compensation in the form of substitute land Entitled party d.

Land Acquisition team c.

Validation of payment of compensation in the form of substitute land

Provision of substitute land PIU/entitled party 180 b.

21 Provision of compensation in the form of substitute land a.

f. Photo / video documentation Land Acquisition team

Minutes of release of rights Head of land office

Minutes of delivery of compensation PIU/entitled party e.

Proof of delivery of monetary compensation Entitled party d.

Validation of provision of monetary compensation as above c.

7 a. Opening of saving in the name of the entitled person as above b.

19 Minutes of Agreement as above

10 Verification and Revision of Field Map / nominative data as above

Executive Agency

17 Minutes of delivery of asssessment Assessor 18 Meeting for determining compensation Head of land acq.

16 Asssessment of compensation assessor

15 Minutes of delivery of inventory and identification as above

14 Appointment of public assessor as above

30 a. Simple selection b. General selection

13 Determination of Assessor as above

12 Minutes of rejection of objection as above

11 Minutes of verification and revision of inventory and identification

Minutes of release of rights Head of land office

Receipt of delivery of compensation in other form Entitled party c.

Photo / video documentation Land Acquisition Team

Minutes of release of rights Head of land office e.

Minutes of delivery of compensation in the form of shares PIU*/entitled party *In this case state/regional owned enterprise d.

Receipt of delivery of compensation in the form of shares Entitled party c.

Validation of payment of compensation in the form of shares Head ofLand Acquisition Team b.

24 Provision of compensation in the form of shares a.

Photo / video documentation Land Acquisition team

Minutes of delivery PIU/entitled party d.

Validation of payment of compensation in other form Head of Land Acqusition team b.

f. Photo / video documentation Land Acqusition team

23 Provision of compensation in other form a.

f. Photo / video documentation Land Acquisition team

Minutes of release of rights Head of land office

Minutes of delivery of compensation in the form of resettlement PIU/entitled party e.

Receipt of delivery of compensation in the form of resettlement Entitled party d.

Head of Land Acqquisition team c.

Validation of payment of compensation in the form of resettlement

Provision of resettlement PIU 365 b.

22 Provision of compensation in the form of resettlement a.

25 Provision of compensation in special conditions

19 a.

28 Delivery of Result of land acquisition for public interest a.

Presidential Regulation Number 40 of 2014 concerning Amendment to Presidential Regulation Number 71 of 2012

Presidential Regulation Number 71 of 2012 concerning Organization of Land Acquisition for Public Interest 3.

Remarks: Legal basis:

Head of land office

Head of land office d. Issuance of land certificate

PIU c. Issuance of measurement certificate

7 b. Application for land certificate

Minutes of delivery of result of land measurement Head of Land Acquisition team

Head of land office

Validation of payment of compensation in special conditions Head of Land Acquisition team b.

27 Documentation of Field Map, Nominative Map and Land Acquisition Administration Data

Minutes of compensation Chief of District Court

Application of deposit of compensation in court PIU b.

26 Deposit of compensation a.

Photo / video documentation Land Acquisition team

Minutes of release of rights Head of land office e.

Minutes of delivery of compensation in special conditions PIU/entitled party d.

Receipt of delivery of compensation in special conditions Entitled party c.

1. Law Number 2 of 2012 concerning Land Acquisition for Public Interest 2.

Environmental and Public Order Aspects c.

Law Number 7 of 2004 mandates that in encountering imbalance between the water supply that tends to decrease and the increasing water requirements, water resources must be managed by taking into account social, environmental and economic functions in a balanced manner. As illegal settlements along river banks have in facts disturbed the environment, polluted water and disturbed water flow, they may lead to potential floods. Therefore, illegal settlements along river banks are violation of laws. In order to actualize an orderly, peaceful, convenient, good and beautiful life in Jakarta, has been issued Regional Regulation of DKI Jakarta Number 8 of 2007 concerning Public Order. One of the provisions is concerning order in rivers, channels, pools and offshore areas. Therefore, any activity along the river bank such as for building sanitary facilities, houses or places of business is not allowed, unless under the permission of the governor.

4.3. Institutions

In the implementation of the handling of the Pakin

– Kali besar – Jelangkeng river banks and other locations ProjectAffected Persons in Packages 4, 6 and 7 of the Jakarta Urgent Flood Mitigation Project/Jakarta Emergency Dredging Initiative (JUFMP/JEDI), the Governor of DKI Jakarta province has issued Instruction Number 48 of 2014 concerning Implementation of Resettlement of the Jakarta Urgent Flood Mitigation Project/Jakarta Emergency Dredging Initiative (JUFMP/JEDI) ProjectAffected Persons giving assignment to institutions of Jakarta Provincial Government to support and facilitate the Resettlement of the Jakarta Urgent Flood Mitigation Project/Jakarta Emergency Dredging Initiative (JUFMP/JEDI)Project Affected Persons. The duties and responsibilities of each agency are as detailed in the table below.

Table 10: Implementing Institutions of Resettlement of the Pakin - Kali Besar - Jelangkeng Project

Affected Persons No. AGENCY RESPONSIBILITY

IMPLEMENTATION BUDGET PERIOD

1. Secretary of to coordinate all activities of the During resettlement DKI Jakarta Province DKI Jakarta Provincial process: Budget 2015-

Government's support for the preparation, 2017 implementation of resettlement implementation and activities monitoring

IMPLEMENTATION PERIOD BUDGET

5. North Jakarta Mayor

DKI Jakarta Budget 2015- 2016

During resettlement process, preparation and implementation

 To announce and prepare data of the Pakin - Kali Besar - Jelangkeng PAPs who have been verified by District Head and Sub District Head (data attached)  To provide assistance in the process of resettlement of PAPs, either through relocation to Rusunawa which have been provided

6. Head Office of Public Works (Now-Water Management Office)

During resettlement process: preparation, implementation and monitoring

Pinangsia Sub District in carrying out the process of resettlement of the Pakin drain dredging PAPs

To coordinate govermment appratuses

West Jakarta Mayor

DKI Jakarta Budget 2015- 2016

During resettlement process: preparation, implementation and monitoring

THE GOVERNMENT OF THE SPECIAL CAPITAL CITY REGION OF JAKARTA PROVINCE OFFICE OF PUBLIC WORKS