THE GOVERNMENT OF THE SPECIAL CAPITAL CITY OF JAKARTA PROVINCE OFFICE OF WATER MANAGEMENT

THE GOVERNMENT OF THE SPECIAL CAPITAL CITY OF JAKARTA PROVINCE

Translated base on: Doc. Ref: 4928/-1.793.2

Public Disclosure Authorized

July 14, 2015

OFFICE OF WATER MANAGEMENT

Revised: August 21, 2015

Jl. Taman Jatibaru No. 1 Tel. 3803302 – 3865546 – 3845266 JAKARTA REVISED REPORT OF LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) Location KRUKUT – CIDENG, KRUKUT LAMA TANAH SAREAL SUB DISTRICT, TAMBORA SUB DISTRICT TAMBORA DISTRICT Public Disclosure Authorized

KRUKUT SUB DISTRICT TAMAN SARI DISTRICT WEST JAKARTA AND PETOJO UTARA SUB DISTRICT GAMBIR DISTRICT CENTRAL JAKARTA Revised in July 2015 Public Disclosure Authorized 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 massive rehabilitation of rivers/drains, canals and dams. The rehabilitation has to be accompanied by flood management plan to ensure the system works optimally. The simulation result post flooded 2007 shows that the physical work in 12 main rivers/drains / canals and 4 dams in Jakarta by restoring the flood control systems and functions according to the initial design is predicted to reduce by 40% the inundated area or to secure 1 million residents 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 of the Republic of Indonesia and the World Bank entered into cooperation for dealing with the flood through Jakarta Urgent Flood Mitigation Project (JUFMP) /Jakarta Emergency Dredging Initiative Proyek (JEDI). The rivers (kali) /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 Drain, Tanjungan Drain, West Flood Canal, Grogol-Sekretaris Drain, Pakin-Kali Besar- Jelakeng Drain and Krukut – Cideng Drain. However, the dredging of rivers/drains/ canals in Jakarta may lead to potential social impacts in the form of resettlement of the residents of the areas to be dredged. The potential impacts are found in people occupying state land in the Krukut-Cideng and Krukut Lama Sub Project. In order to deal with this issue, the DKI Jakarta Government, in this matter the Project Implementaton Unit (PIU) of the Water Management Office (before Public Works Office) has prepared the Land Acquisition and Resettlement Plan (LARAP) Document in the Krukut Cideng and Krukut Lama Sub Project.

1.2. Potential Impacts

The potential impacts of the sheet pile activites and dredging of Krukut Cideng-Krukut Lama Sub project on the structures include loss of houses. 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) of Republic of Indonesia prepared DED and LARAP documents. The LARAP documents concluded that the dredging and sheet pile installations are located along the drain flow area or State land. Residents occupying the Krukut- Cideng area that will be affected by the project (PAPs) are categorized as "Incroachers and Squatters". They use the land of the Krukut Cideng and Krukut Lama drains for houses, public/social facilities and other businesses. They have been utilizing the land for more than 2 years, even some of them for more than 40 years. Some of them state that they are the native people inhabiting the area for generations.

b. Locations of Affected Structurs

Incroachers and Squatters of the Krukut Cideng and Krukut Lama Sub Project constitute an issue that should be addressed in the Jakarta Urgent Flood Mitigation Project-JUFMP / Jakarta Emergency Dredging Initiative - JEDI project activities. The affected structures are located in the wet area of The Krukut Cideng Sub Project, including those built hanging on water. If the dredging and sheet pile installation will be done, they have to relocated. The structures that will be affected by the projects vary; some of them are permanent, semi permanent and non permanent (temporary) structures. Some structures in the Krukut Cideng and Krukut Lama Sub Project are two or even three-storied.

1.3. Objectives

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

To specifically explain the options of compensation for the Project Affected People (PAPs); b. To specifically determine the assistances for resettlements and special assistance; c. 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 Krukut Cideng and Krukut Lama Sub Project located in 10 (ten) sub districts (Kelurahan) that include: a.

Krukut, Keagungan and Glodok Sub Districts, Taman Sari Districts, West Jakarta b.

Tanah Sereal and Tambora Sub Districts, Tambora District, West Jakarta c. Duri Pulo, Petojo Utara, Petojo Selatan, Cideng and Gambir Sub Districts, Gambir District,

Central Jakarta Out of the aforementioned 10 (ten) sub District, 4 (four) sub districts are included in the LARAP activities because there are peope directly affected by the planning (DED) in the project location where the sheet pile will be built, namely: a.

Krukut Sub District, Taman Sari District, West Jakarta

b. Tanah Sereal and Tambora Sub Districts, Tambora District, West Jakarta

c. Petojo Utara Sub District, Gambir District, Central Jakarta

2.2. Project Activity Plan

The dredging of the Krukut Cideng and Krukut Lama Sub Project through the Jakarta Emergency Dredging Initiative (JEDI) is planned to dredge an area with the length of 6,700 m with the expected dredged volume of 41,410 m3. The embankment repairing will be as long as 4,000 m. The activity will be commenced in September 2015. The Activity Plan Location photos and figures are given in Attachment 1 and 2.

III. CHARACTERISTICS OF PEOPLE, LAND AND BUILDING TO BE AFFECTED BY

THE PROJECT

Based on the draft LARAP documents 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 DKI Jakarta conducted survey data update in October-December 2013. The re-survey of the Krukut Cideng and Krukut Lama Sub Project indicates that 225 families (726 people) have plotted and used the land on 225 plots that include (i) 224 plots for structures (for houses/business/public-social facilities and (ii) 1 plot for farming/plantation. The condition of land, structures/assets is described below.

3.1. Description of Land Affected by the Project

The total plots of land in the Krukut Cideng and Krukut Lama Sub Project inhabited by the people were 225 plots with the total area of 4,039 m2, with the widest area of 120 m2 and the narrowest was 2 m2. T land ownership as follows: (i) 60 (26.67%) HH declared themselves as tenants (penggarap), (ii) respectively 153 (68.00%) declared as land owners, renters (lessee and recipient of land tenants transfered) and public/social facilities and (iii) 12 (5.33%) could not be met/were unknown.

Out of 225 land plots controlled, 29 plots were legally supported by Use Rights certificate (12.89%) while the remaining 196 plots (87.11%) were either state land. With regard to land ownership in other places, 8 (3.56%) of the settlers responded that they “have land elsewhere”, and 11 (4.89%) did not answer. Meanwhile, with regard to the method of how to get land, 158 (70.22

%) responded “miscellaneous”, 47 (20.89%) replied by “buying”, 4 (1.78%) replied by “grant”, and 16 (7.11%) provided no answer. Meanwhile, the land use is as follows: 39 (17.33%) is used as farming land and public facilities, 14 (6.22%) as business sites, 18 (8.00%) as miscellaneous and 154 (68.44%) as houses. The aforementioned description is recapped in this table:

Table 1: Summary of Land Affected by the Project

No Land Description Respondents’ Responses and percentage (%)

1. Land ownership State land Own Rights status 196/87% 29/13%

2 Land ownership Yes No Did not reply elsewhere 8/4% 206/91% 11/5%

3. Land acquisition Purchasing grant Miscellaneous Did not reply method 47/21% 4/2% 158/70% 16/7%

4. Utilization Houses Business Farming Vacant Public/Social miscellaneous facilities 154/68% 14/6% 1/1% 38/17% 18/8%

From the description and the table above, it can be noted that 87% of the land used by houses in the Krukut Cideng and Krukut Lama Sub Project is State Land and without the permission of the competent institution.

3.2. Description of Structures Affected by the Project

Structures assets that will be affected by the project are as follows: from 225 plots of land controlled by residents, there are 142 structures which include: (i) 94 plots (67%) are used as houses, (ii) 25 plots (11%) as houses and business, (iii) 12 plots (5%) are used as business/office (iv) 38 plots (17%) as public/social facilities consisting of RW post, security post, mosque, etc used for public purposes. The quality of structures along the riverbanks of the Krukut Cideng and Krukut Lama Sub Project are mostly permanent structures with two or three stories, some are "shacks" with dirt and / or solid clay floors with the walls made of waste materials, such as plywood, zinc and board. The structures condition varies, some of them are permanent, semi permanent and non permanent. The most extensive area is about 120 m2 and the smallest area controlled is 2 m2 with the average area of 24 m2.

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

1. Houses 149 (67%) Varied, some are permanent, semi permanent and non permanent structures

2. Houses and small shop 25 (11%)

3. Small shop 12 (5%)

4. Barn and ponds 0(0.00%)

5. Public/social facilities 38 (17%) RW post, security post, mosque etc

TOTAL : 225 (100%)

3.3. Description of Project Affected People (PAPs)

3.3.1. Profile of Project Affected People (PAPs)

Profiles of the Project affected People (PAPs) by the Krukut Cideng and Krukut Lama Sub Project are as follows:

By sex consisting of: (i) 145 males (64%), 42 females (19%) and 38 (17%) did not answer (unknown/public/social facilities). By age 60 residents (27%) are aged between 40 and 50 years old, 49 residents (22%) are aged

between 50 and 55 years, 36 residents (16%) are aged more than 55 years, 34 residents (15%) are aged between 30 and 40 years, 6 residents (2%) are aged between 20 and 30 years and 40 residents (18%) did not answer (unknown/public/social facilities).

Education: Most residents education is primary school / islamic primary school / equivalent

with 73 residents (32%), then 60 residents (27%) finished junior high school / islamic junior school / equal, as many as 37 residents (16%) finished senior high school/Islamic senior high school while 11 residents (5%) never went to school/did not finish elementary school and 44 residents (20%) did not answer (unknown/public/social facilities).

Main Occupation of the Family Head: Most PAPs or 64 residents (29%) work as

entrepreneurs/traders, respectively 30 residents (26%) work as private employees and laborers, 25 residents (11%) work as homemakers, 21 residents (9%) work as scrap collectors/unemployed, 5 residents (2%) work as Chaffeurs, 4 residents (2%) work as breeders and 46 residents (21%) did not answer (unknown/public/social facilities). With regard to marital status, 148 residents (66%) are married, 26 residents (12%) are widows and 3 residents (1%) are widowers, 2 residents (1%) are 46 residents (20%) did not answer (unknown/public/social facilities).

Origin and Population Status : 92 residents (41%) declared themselves as native couple, 76

residents (34%) declared themselves as non-native couples, the wife is native but the husband is newcomer counts as many as 5 couples (2%) in total while the husband is native but the wife is newcomer is 4 couples (2%) in total and 48 residents (21%) did not answer (unknown/public/social facilities). With regard to ownership of Identity Cards, the following data is obtained: 162 residents (72%) have ID Card according to the location, 12 residents (5%) have DKI Jakarta ID Cards but their addresses do not match the project site, 3 residents (2%) do not have ID card and 48 residents (21%) did not answer (unknown/public/social facilities).

25(11%) 30(26%) 4(2%) Laborer Entrepreneur Others Chaffeur - 64(29%) 21(9%) 5 (2%)

Husband is native Wife is newcomer

2. Business ownership Own business Profit sharing others 63 (28%) 7 (3%) 123 (55%)

Other business Basic needs kiosk, others 116 (52%) (0%) 109 (48%)

1. Businesses affected by the project No answer/ no business/

public/ social facilities

Table 4. Summary of Economic Activuty of Project Affected Person No. Description Survey Result

’s economic activity.

The residents in the Krukut Cideng and Krukut Lama Sub Project also utilizing the river areas for economic sites (additional income) such as breeding animals, collecting scraps, building food stalls and basic need kiosks are 109 House Hold (48%) that are generally own-managed. They stated they have no business elsewhere. With regard to their business plan if the structures are affected by the project, they will : (i) remain doing business in the same location (28%), (ii) open new business in new areas (16%) and close the business (5%). The following table shows the resident

Economic Activity of Project Affected People

ID does not match address 3(2%) 162(72%) 12(5%) 3.3.2.

ID card : address according to

No ID card

7 ID Card

92 (41%) 76 (34%) 4(2%) 5(2%)

Wife is native- husband is newcomer

Native couple Newcomer couple

Table 3. Summary of Profile of Project Affected People No. Profile Description PAPs Profile (Number and percentage) Re.

Never go to school Finished elementary school/equal

1. Sex Male Female

40 residents (18%) did not answer (unknown/ public/social facilities)

145 (64%) 42 (19%)

2. Age (year) 20-30 30-40 40-50 50-55

55 6(2%) 34(15%) 60(27%) 49(22%) 36(16%)

3. Education

Junior school/equal High school

6. Origin

Post graduate 11(5%) 73(32%) 60(27%) 37(16%) -

4. Family head main occupations

Civil servant / Military/ Police Housewife Private Employee

Farmer/ Breeder

5. Marital status Married Widower Widow Single

148(66%) 3(1%) 26(12%) 2(1%)

3. Business elsewhere No Yes 103 (46%) 6 (3%)

4. Business plan after being Doing business in the same Making new Stop doing business affected by the project location business 63 (28%) 35 (16%) 11 (5%)

3.3.3. Economic Condition of Project Affected People

Head of household of Project affected People earn a living as laborers, private employees, collectors or scraps, traders and breeders. Out of 225 households, 25% of the total number also has another family member as the provider of the household, 52% only have the family heads as the providers and 22% did not answer/unknown/public/social facilities. Based on the information provided by them, it is known that their income is Rp 1,000,000-Rp 2,000,000 /month (34%), followed by those having income of Rp 500,000

– Rp 1,000,000/month (26%) , those having income Rp 2,000,000
– Rp 3,000,000 / month (11%), those having income more than Rp 3,000,000 (4%), those having income < Rp 500,000/month (2%) while the remaining did not answer/ unknown/public/social facilities (23%). The estimate total monthly expenditure is as follows: 37% of the households expend Rp 1,000>– 2,000,000 / month, 26% of the households expend Rp 500,000- 1,000,000 /month, 9% of the households expend Rp 2,000,000
– 3,000,000 / month, 3% of the households expend more than Rp 3,000,000/month, 2 % household expend < Rp 500,000 / month and the remaining (23%) did not answer/ unknown/public/social facilities. With regard to family transportation expenditure, the following data is obtained: 28% of the households expend transportation fare less than Rp 5,000/day, 24% of the households expend around Rp 5
– Rp 10,000 / day, 19% of the households expend around Rp 10,000
– Rp 15,000 / day, 3% of the households
– expend > RP 25,000 / day and respectively 3% of the households expend around Rp 15,000 Rp 20,000 / day and Rp 20,000
– Rp 25,000 / day for transportation fares. The remaining (23%) no answer/ unknown/public/social facilities.

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

1. Other family member than Yes No 51 (23%) resp family head working did not 56 (25%) 118 (52%) answer/ unknown/

2. Total Revenue (Rp/month) < 500,000 500,000-1 million 1 million-2 million public/social facilities 6(2%) 58(26%) 76(34%)

2-3 million >3 million

25(11%) 9 (4%)

No. Description Survey Result Remarks

3. Total expenditure < 500,000 500,000-1 million 1 million-2million (Rp/month) 4 (2%) 59(26%) 84(37%) 2-3 million >3million

20(9%) 7 (3%)

4. Family transportation cost < 5,000 5,000 10,000

– 10,000 – 15,000 (Rp/day) 64 (28%) 53 (24%) 43 (19%)
– 15,000 20,000 > 25,000
– 25,000 20,000 4 (2%)

2 (1%) 7(3%)

3.3.4. Facilities and Infrastructure

With regard to electricity, most households or as many as 134 families (60%) use direct connection from PLN, 75 (33%) use connections from their neighbors and 16 (7 %) answered others (did not answer/do not use electricity). For drinking water, 72 (32%) use PAM (City Water Service Company) in their houses, 55 (24%) use mineral water, 42 (19%) use PAM connection from the neighbors, respectively 5 (2%) households use wells/jet pumps and waters from vendors and 51 (22%) others (did not answer/ unknown/public/social facilities). For sanitary, out of 225 households, 78 (35%) use PAM service in their houses, 72 (32%) use PAM connection from the neighbors, 16 (7%) use wells/jet pumps and waters from vendors, respectively 8 (3.5%) use public hydrant, mineral water, water from vendors, river waters and rain waters while 51 (22%) answered others (no answer/ unknown/public/social facilities).

Table 6: Summary of Facilities and Infrastructure of the Project Affected People No. Description Survey Result

1. Electricity Direct from PLN PLN from neighbors Others (no electricity) Generator 134 (60%) 75 (33%) 16 (7%)

2. Drinking water Own PAM PAM from neighbors Mineral water Water from vendor

72 (32%) 42(19%) 55 (24%) 2 (1%) Own well/pump River / dam Others (no answer/ unknown/ public/social

3 (2%) facilities) 51 (22%)

Own PAM connection PAM from neighbors Own well / pump

3. Sanitary facilities

78 (35%) 72 (32%) 16 (7%) Public hydrant, mineral water, water from Others (no answer/ unknown /public/social facilities) vendors, river/rain water

50 (22%) 8 (3.5%)

4. Transportation Walk Own motorbike Public transport Bicycle Own car 71 (32%) 62 (28%) 29 (13%) 12 (5%) 2 (1%)

Others (no answer/ unknown/public/social facilities) 49 (21%) With regard to sanitary facilities around the Krukut Cideng and Krukut Lama Sub Project area, 82 (37%) households stated that have their own facilities, 73 (32%) stated that the facilities are connected to drains, 20 (9%) use public facilities and 50 (22%) answered others (or did not answer/ unknown/public/social facilities). Regarding means of transportation used by households, 71 (32%) families said they only move around the Krukut Cideng and Krukut Lama Sub Project resulting in they travel on foot, 62 (28%) households have own motorbikes, 29 (13%) use public transport, 12 (5%) use bicycles, 2 (1%) use car and 49 (21%) others (or no answer/ unknown/public/social facilities).

3.3.5 Perceptions and Aspirations

Most or as many as 160 (71%) households occupying the Krukut Cideng and Krukut Lama Sub Project are already known of the existence / plan of JUFMP project wile 22 (10%) stated they are unknown of it and 43 (19%) answered others (or did not answer/ public/social facilities).

77 (34%) households know the project from their friends/neighbors, 49 (22%) households know from government apparatuses (district heads, sub district heads, RT/RW), 36 (16%) households know from public figures and 63 (28%) stated others (did not answer/ public/social facilities). With regard to opinion if they have to be relocated to leased vertical houses, as many as 155 (69%) households did not answer, as many as 50 (22%) answered “agree” and the remaining 20 (9%) stated “disagree”.

Table 7. Summary of Public Perception and Aspiration of the Project Affected People

No Description Survey Result

1. Project Existence Know Do not know others (no answer/ public/social facilities) 160(71%) 22(10%) 43 (19%)

Apparatus (District Head,

2. Information Friends/ Community leaders

Sub District Head, Head of

source Neighbors

Neighborhood/Family group)

101 (69%) 49 (22%) 36 (16%) Others (did not answer/ unknown/public/social facilities). Media

63(28%)

Opinion if they have

3. No answer Agree Disagree

to be relocated to

155 (69%) 50 (22%) 20 (9%)

Rusunawa No idea No building Be relocated to horizontal houses, not

4. Expectation/

destruction Rusunawa, do not make policies that bring

Recommendation

troubles and make life more difficult to people

200(89%) 10(4%) 9(4%)

Compensation and more Agree (to prevent flood and make a better expeditious process life)

4(2%) 2(1%) With regard to people’s expectation/ proposal in connection with the dredging and installation of sheet pile at the Krukut Cideng and Krukut Lama sub project, 200 (89%) housholds had no recommendation or did not answer, 10 (4%) households answered there should be no building destruction and the remaining 7% answered they should be given horizontal houses instead of vertical houses and the project should not bring problem to them. They agree with the project to make their life better, they agree with the plan to give compensation and agree with the project to prevent flood.

Vulnerable Groups and Students 3.3.6.

Vulnerable groups in this description include those aged between 55 years and above and those with difficult economic conditions for not working rendering them dependent on other people. The economic condition indicator used is "Parameter Sayogyo", namely 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 rice price is Rp. 8000 / kg, then the people who earn less than Rp. 320,000 / month or Rp. 1,280,000 household/ month are considered living below the poverty line.

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

1. Vulnerable groups Poor family Female family head

26 Old family head Not having land or houses elsewhere

2. Students Elementary school: 203 students Middle School : 109 students High School: 54 students

With regard to students who are forced to follow the move, the total estimate is 366 students (male and female). They are the children who still need education and their parents cannot afford it.

IV. PROJECT IMPLEMENTATION PLAN

4.1. Policy of Government of DKI Jakarta

Dredging of rivers/drains, canals and dams in DKI Jakarta, including the Krukut Cideng and Krukut Lama Drains is an effort to reduce flooding while restoring functions of drains / canals and dams, where the banks of Drain /Canal and Dam occupied by structures will be restored.

In the effort to reclaim land around the Rivers/Drains / Canals and Dams, the Government shall not provide cash compensation for the land, structures and other assets existing thereon (State Land/Riverbanks). The DKI Jakarta Provincial Government policies are:

a. Resettlement to Decent Locations

Houses and /or other structures affected by the dredging project in general are unihealty houses with limited sanitation. The DKI Jakarta Provincial Government has allocated better places for the relocation, namely

“Rusunawa”-leased vertical houses related to the costs and difficulty to build horizontal structures in Jakarta. Through the 2015 Orderly Settlement Sub Task Force Action Plan, the Office of Houses and Government Building of the Government of DKI Jakarta Province will resettle the Project Affected People by the JUFMP/JEDI project at Krukut CIdeng and Krukut Lama Drains to Rusunawa Rawa Buaya/ Rusunawa KS Tubun. The Rusunawa are the manifestation of houses program of the Office of Houses and Government Building of the Government of DKI Jakarta Province which will be ready in 2016. The mechanism to in Rusunawa system will use the booking /coupon system by meeting the requirements of Regulation of the Governor of DKI Jakarta Province No. 111 of 2014 concerning Mechanism for Occupying Leased 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 No. 111 of 2014 will be given coupons indicating that the PAPs are entitled to the Rusunawa but they will only be able to stay in 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 structures will be affected by the project activities as only several structures will be demolished and there will be remaining structures that can be temporarily stayed by the PAPs. Therefore, pending the completion of the Rusunawa from the Office of Houses and Building of the Government of DKI Jakarta Province, the PAPs can stay temporary in the remaining building. The requirements, registration and determination of the PAPs meeting the requirements to stay in the Rusunawa are regulated in Governor Regulation No. 111 of 2014 chapter 3, article 4 and article 5. Below are the requirements for the PAPs to stay in the Rusunawa: d.

Having ID card and Regional Family Card.

e. Having income proved by certificate of income.

f. Having TIN (Number of taxpayers).

Married, proved by marriage certificate or equivalent document.

Not having own house proved by recomandation of the head of sub district (Lurah). i.

Able to pay the rental cost of Rusunawa, electricity, water and/or other fees determined by the Head of UPRS (Rusunawa Management Unit).

b. Compensation of Land

Utilizing state land along such as river banks, drains, canal and dam is an illegal action and not allowed by law or regional regulation. Therefore, The DKI Jakarta Provincial Government does not provide any compensation for their efforts to refunctions area at the Krukut Cideng and Krukut Lama Sub Project utilized by structures during to date. Meanwhile, for private land owners, the mechanism will be set in accordance with laws and regulations.

c. Compensation of Structures

Activities to build a structures for houses, business place and take advantage of State Land, in this case the riverbanks of the Krukut Cideng and Krukut Lama Drains constitute annexation that is in violation of Local Regulation on Public Order and Water Resources Law. Besides that, it will disrupt the flow pattern around the drainage and cause flooding. Therefore, the DKI Jakarta Provincial Government will not provide cash compensation to the structures on the riverbanks that have to be demolished by dredging and sheet pile activities in order to refunction of the Krukut Cideng and Krukut Lama Drains. Meanwhile, for structures erected on land private land title, the mechanism will be regulated 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 Krukut-Cideng and Krukut Lama Sub Project which require the analysis of the aspect as follows:

1. Planning, Organizing and Implementing Aspects

The legislation that is the ground of land procurement has been revised by the introduction of Law No. 2 of 2012 concerning Land Procurement for Public Interest followed by Presidential Regulation No. 71 of 2012 concerning Land Procurement for

Public Interest and Regulation of the Head of the National Land Agency No. 5 of 2012 concerning Technical Guidelines for Land Procurement. With the issuance of the three regulations, legislations previously used as the legal grounds for land procurement for public interest are no longer in force. The Resettlement Policy Framework (KKPK) which serve as the Resettlement Plan (LARAP) prepared in 2010 still uses the old legislations as the legal ground namely Presidential Regulation No. 36 of 2005 concerning Land Procurement for Public Interest as amended by Presidential Regulation No. 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 No. 2 of 2012, Presidential Regulation No. 71 of 2012 and Regulation of the Head of the National Land Agency No. 5 of 2012, the duties and functions of P2T are now implemented by the Land Procurement Preparation Team formed by the Governor, along with several other activities requiring adjustment.

2. Funding Aspects

The funding of Land Procurement 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 implementation 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 Procurement for Public Interest is funded by State Budget and/or Regional Budget as regulated in Regulation of the Minister of Finance No. 13/PMK.02/2013 and Regulation of the Minister of Home Affairs No. 72 of 2012. The funds for Land Procurement consist of compensation, operational costs and supporting costs for the activities as follows: a.

Planning; b.

Preparation; c. Implementation; d.

Delivery;

e. Administration and management and

f. Dissemination

The Operational and Supporting costs as mentioned above do not include compensation and assessor’s fee. The mechanisms of land procurement and resettlement can be seen in Table 9:

– CIDENG AND KRUKUT LAMA PACKAGE : PIU 7 / THE OFFICE OF WATER MANAGEMENT OF DKI JAKARTA

PIU of DKI Jakarta

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

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

6 Public Consultation of Development Plan Preparation team

c. Acceptance/rejection of objection Study Team

Study Team

b. Meeting / Clarification with the Objecting Party

a. Inventory of Problems that are the reason of objection Study Team

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

10 Members : Mayor, SKPD, PIU, relevant agency

Preparation team

5 Initial Data Collection of Development Plan Location

b. Electronic Media Preparation team

a. Mass Media Preparation team

4 Direct Notification of Development Plan Preparation team

Head of the Preparation Team

16 Table 9

c. Notification Preparation team

b. Face to Face Preparation team The governor can delegate the land acquisition preparation implementation to mayors

a. Dissemination Preparation team

2 Notification to Development Plan

3 Official Report of Dissemination / Face to Face

IMPLEMENTATION OF LAND ACQUISITION

According to authority (Head of BPN regional office or Head of land office) b. Formation of land acquisition task force

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

9 Objection from the entitled party as above

Executive Agency

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

7 Minutes of Inventory and identification Head of Task Force

e. Issuance of Nominative data Task force B

d. Data collection Task force B

c. Making of field maps Task force A

a. Notification to entitled party Land Acquisition team/ task force b. Measurement and mapping of fields Task force A

6 Inventory and Identification

d. Delivery of acceptance/rejection of objection Study Team

REGIONAL BUDGET

11 Determination of Development Location The Governor of DKI Jakarta

12 Announcement of Development Location The Governor of DKI Jakarta

13 Land Acquisition Implementation Application

PIU

III

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

5 Preparation of land acquisition implementation a. Preparation of work plan Head of Land

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

4 Determination of membership of land acquisition implementer and local secretariat

Head of city land office

Procurement Executive Agency

e. Minutes of release of rights Head of land office

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

Entitled party

Land Acquisition team c. Receipt of delivery of compensation in the form of substitute land

b. Validation of payment of compensation in the form of substitute land

21 Provision of compensation in the form of substitute land a. Provision of substitute land PIU/entitled party 180

f. Photo / video documentation Land Acquisition team

e. Minutes of release of rights Head of land office

d. Minutes of delivery of compensation PIU/entitled party

c. Proof of delivery of monetary compensation Entitled party

b. Validation of provision of monetary compensation as above

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

20 Delivery of monetary compensation

11 Minutes of verification and revision of inventory and identification

19 Minutes of Agreement 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

b. General selection

a. Simple selection

13 Determination of Assessor as above

12 Minutes of rejection of objection as above

f. Photo / video documentation Land Acqusition team

c. Minutes of delivery PIU/entitled party

25 Provision of compensation in special conditions a. Validation of payment of compensation in special conditions

e. Photo / video documentation Land Acquisition Team

d. Minutes of release of rights Head of land office

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

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

Head ofLand Acquisition Team

24 Provision of compensation in the form of shares a. Validation of payment of compensation in the form of shares

d. Photo / video documentation Land Acquisition team

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

22 Provision of compensation in the form of resettlement a. Provision of resettlement PIU 365

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

23 Provision of compensation in other form

f. Photo / video documentation Land Acquisition team

e. Minutes of release of rights Head of land office

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

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

Head of Land Acqquisition team

b. Validation of payment of compensation in the form of resettlement

Head of Land Acquisition team

28 Delivery of Result of land acquisition for public interest a. Minutes of delivery of result of land measurement

Remarks: Legal Basis: 1.

d. Issuance of land certificate Head of land office

c. Issuance of measurement certificate Head of land office

b. Application for land certificate PIU

Head of Land Acquisition team

Head of land office

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

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

b. Minutes of compensation Chief of District Court

a. Application of deposit of compensation in court PIU

26 Deposit of compensation

e. Photo / video documentation Land Acquisition team

d. Minutes of release of rights Head of land office

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

Law No. 2 of 2012 concerning Land Acquisition for Public Interest 2. Presidential Regulation No. 71 of 2012 concerning Organization of Land Acquisition for Public Interest 3. Presidential Regulation No. 40 of 2014 concerning Amendment to Presidential Regulation No. 71 of 2012 4. Regulation of the Head of the National Land Agency No. 5 of 2012 concerning Technical Guidelines for the Implementation of Land Acquisition 5. Regulation of the Minister of Home Affairs No. 72 of 2012 concerning Operational Costs and Supporting Costs for the Organization of Land Acquisition for Development for Public Interests derived from Regional Budget

Environmental and Public Order Aspects 3.

Law No. 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 No. 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, settlements or places of business is not allowed, unless under the permission of the governor.

4.3. Institutions

THE GOVERNMENT OF THE SPECIAL CAPITAL CITY OF JAKARTA PROVINCE OFFICE OF WATER MANAGEMENT