Resettlement Plan
May 2018
Indonesia: Neighborhood Upgrading and Shelter
Project – Phase 2
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.
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B. PROJECT DESCRIPTION AT KAPUAS DISTRICT ... 8
C. PROJECT IMPACT ... 9
D. RELOCATION OF AFFECTED PEOPLE ... 10
CHAPTER II ... 12
RESETTLEMENT SCOPE ... 12
A. RESETTLEMENT ... 12
B. ACTIVITY IMPACT DESCRIPTION ... 12
CHAPTER III ... 14
SOCIOECONOMIC INFORMATION AND PROFILE ... 14
A. THE AFFECTED PEOPLE ... 14
B. JOB AND REVENUES ... 15
C. SOCIAL INFORMATION ... 15
D. GENDER ISSUE ... 15
E. VULNERABLE HOUSEHOLDS ... 16
CHAPTER IV ... 17
DISCLOSURE OF INFORMATION, CONSULTATION AND PARTICIPATION ... 17
A. DISSEMINATION... 17
B. ADVANCED COORDINATION ... 18
C. DISCLOSURE ... 19
CHAPTER V ... 20
POLICY FRAMEWORK FOR RESETTLEMENT RESIDENTS ... 20
A. OBJECTIVE ... 20
B. LEGAL BASIC POLICY ... 20
C. PROJECT BASIC PRINCIPLE ... 21
D. MATRIC OF AFFECTED PEOPLE RIGHT ... 22
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IMPACT AND COMPENSATION ... 24
A. REASONABLE REIMBURSEMENT VALUE ... 24
B. COMPENSATION ... 27
C. GAP ... 27
CHAPTER VII ... 29
RECOVERY OF REVENUES AND LIVELIHOODS ... 29
A. OBJECTIVE ... 29
B. RECOVERY AND REHABILITATION PROGRAM ... 29
CHAPTER VIII ... 32
INSTITUTIONAL ARRANGEMENTS ... 32
A. GENERAL SETTINGS ... 32
B. THE DIVISION OF ROLES ... 32
C. BUDGETING ... 33
CHAPTER IX ... 34
MONITORING AND EVALUATION ... 34
A. OBJECTIVE ... 34
B. MONITORING AND EVALUATION RESULT ... 34
C. RECOMENDATION ... 35
4 | P a g e LIST OF FIGURE
Figure 1. Sei Bagong Bridge condition in Kelurahan Selat ... 9
Figure 2. Sei Bagong Bridge condition in Kelurahan Selat ... 10
Figure 3. Map of Affected Location ... 11
Figure 4. The condition of Mrs. Mahmudah's place of business ... 34
Figure 5. Condition of the house and place of business Mr. Sardianor ... 35
5 | P a g e LIST OF TABLES
Table 1. List Name of The Affected People ... 13
Table 2. Affected Public Facility and Utility ... 13
Table 3. Female Head of Family Profile ... 14
Table 4. Affected People Profile ... 14
Table 5. Affected People Occupation... 15
Table 6. Data Of Vulnerable Households ... 16
Table 7. Entitlement Matrix ... 22
Table 8. Reasonable Reimbursement Value of Building House and AP Utilities... 24
Table 9. Reasonable Reimbursement Value of Public Facility ... 25
Table 10. Reasonable Reimbursement Value of Loss of Business Income ... 25
Table 11. Solatium Criteria ... 26
Table 12. Calculation of Solatium Against Building Residential & RRV ... 26
Table 13. Total Reasonable Reimbursement Value ... 27
Table 14. GAP Value or Difference ... 28
Table 15. Income Restoration Program ... 30
Table 16. Program Type and Implementation of APs Recovery ... 31
Table 17. Name of affected peoples who are beneficiaries of the Recovery Program ... 31
6 | P a g e LIST OF APPENDIXS
Appendix 1. Distribution of Slum Settlement District of Kapuas ... 38
Appendix 2. Vulnerable Household ... 39
Appendix 3. RRV for Utility ... 40
Appendix 4. Resetlement Fee ... 41
Appendix 5. Unit Rate / m2 ... 42
Appendix 6. Structure Organization ... 43
Appendix 7. Existing house conditions ... 44
7 | P a g e 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
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CHAPTER I PROJECT DESCRIPTION
A. PROJECT OVERVIEW
1. 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.
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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 neighbourhood) and community leaders, as well as officials of sub-district and sub-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.
10 | P a g e 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
12 | P a g e 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 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).
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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
Sei Selat Bridge in Kelurahan Selat Hulu
01. Mahmudah 13 m2 13 m2 Residency and
Sei Bagong Bridge in Kelurahan Selat Tengah
01. Setya Darma 300 m2 6 m2 Residency Front porch
02. Abdul Sani 40 m2 8 m2 Residency and
Business Place
Front porch
Table 2. Affected Public Facility and Utility
No. Asset Ownership Affected Object Volume
Sei Selat Bridge in Kelurahan Selat Hulu
01. PLN Electric Pole 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
14 | P a g e 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
No. Name Age Family
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
15 | P a g e 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 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
16 | P a g e E. VULNERABLE HOUSEHOLDS
31. 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.
Table 6. Data Of Vulnerable Households
No Name Vulner
able
Female HouseHold
Occupation Type
Income/ day (IDR)
No Land
Poor
House Vulnerable
01. MAHMUDAH 42 Trader 100.000
02. SARDIANOR 50 Trader 150.000
03. LAMSIAH 68 Trader 80.000
04. RUDY HARTONO 45 Worker 25.000
05. SETYA DARMA 58 Private Employees 500.000
17 | P a g e 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.:
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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
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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
20 | P a g e 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
21 | P a g e 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.
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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
23 | P a g e Impact Type Aplication Qualified Person Project Entitlement and/or
Assistance
Affected people are entitled to 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.
5 Affected HH Citizens get compensation to 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.
The rebuilding of the storage of fire post
LCO and Unit Work provide RRV for rebuilding.
Rights for Vulnerable Households
6 Affected Peoples Vulnerable groups will get an economic improvement program
24 | P a g e 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
No. Item Unit Price (IDR) Volume Total
Total Reasonable Reimbursement Value 63.546.800
Source: Primary Data, processed already, November 2017
25 | P a g e 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
No. Item Unit Price (IDR) Volume
Total
(IDR)
01. Electric Instalation 1.400.000 2 Unit 2.800.000
02. Water Instalation 750.000 1 Unit 750.000
03. Telkom Instalation 5.000.000 1 Unit 5.000.000
04. Safety Fire Post 3.500.000 1 Unit 3.500.000
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
Source: Primary Data, processed already, November 2017
56. Solatium. It is an intangible emotional loss associated with the acquisition of land used as a dwelling place of the owner. The solatium assessment object is only for residential buildings. The criteria for solatium calculation are done by considering the period of stay that is between less than 3 years to more than 30. For more details, the criteria to calculate the solatium can be seen in Table 11 as follows:
26 | P a g e
57. Solatium Calculation of Residential Building. The calculation of solatium on residential building was conducted on six APs based on the length of stay and/or occupying the house. The calculation of solatium can be seen in the Table 12 below.
Table 12. Calculation of Solatium Against Building Residential & RRV
Source: Primary Data, processed already, November 2017
27 | P a g e Table 13. Total Reasonable Reimbursement Value
NO. ASSET VALUE (IDR)
01. Building 74.704.702
02. Utilities 1.520.000
03. Loss Income 23.589.432
TOTAL AFFECTED ASSET VALUE 99.814.134
Source: Primary Data, processed already, November 2017
B. COMPENSATION
59. Act. No. 2 of 2012 declares that compensation shall be appropriate and fair and equitable compensation shall be granted to the rightful parties in return for the liberated land. The 10 principle of justice emphasizes that land procurement guarantees the right benefits and compensation for the entitled parties in order for them to get a chance to live a better life. 60. The transfer for one affected household is done, for the implementation of the bridge construction project is done voluntarily. Deliberation and consultation was conducted before the construction of the bridge has begun. All affected communities strongly support the implementation of the project as it will open access for transportation.
61. The LCO and the Kapuas District Satker provide guarantees to affected people and other affected objects for assistance and compensation, so as to ensure that ressttlement does not adversely affect the community.
62. Although the six affected people to build unlicensed buildings on government land (along the river banks), yet the local government have prepared a compensation fund which amount has been agreed upon by the affected peoples. Three discussion meetings were held to determine the amount of compensation fund which was varied, and the amount of agreed compensation was between Rp. 4.000.000,- to Rp. 11.000.000,-.
63. The total compensation cost provided by the Kapuas District Government is Rp. 34.500.000,-, wherein each affected peoples get between Rp. 4.000.000,- s/d Rp. 11,000,000, - for unloading and moving costs.
C. GAP
64. GAP; GAP is a method of measurement to determine the value of gaps that occur during the implementation of RRV. There is a relatively high gap when compared between the compensation value provided and the fair reimbursement value of six APs. The gap value can be seen in the following description:
Reasonable Reimbursement Value = 99.814.134
,-Paid Compensation = 34.500.000,-
28 | P a g e Table 14. GAP Value or Difference
Source: Primary Data, processed already, November 2017
65. To complete the GAP value of Rp.65.314.134,- Kapuas District Government will provide assistance in the form of development programs, social, health and other assistance. The program will be implemented in 2018 Quarter 1 - 4. The budget to be used for the implementation of the program comes from the local government’s budget (APBD) funds.
Building No Name Age Gender Type Of
29 | P a g e CHAPTER VII
RECOVERY OF REVENUES AND LIVELIHOODS
A. OBJECTIVE
66. The LCO and the Kapuas District Unit Work provide assurance that the affected peoples will not experience a decrease in income by providing facilitation of income recovery and rehabilitation programs in accordance with the needs of the evaluation results.
B. RECOVERY AND REHABILITATION PROGRAM
67. Economic Recovery. There are four houses functioned as places of business affected by the construction of the bridge. One unit of the house was completely demolished and moved to a location not far from the old location, while three houses have lost part of their house porch. The resulting impact has no significant impact on his business. The income recovery program for affected people will provide an opportunity to become a workforce or partner in the procurement of materials required by the contractor. In addition to the recovery program, the affected people will be provided with other existing social and economic supporting programs by the local government of Kapuas.
68. The local government facilitates supports to seriously affected people. It includes support to ease the process of small business permit, business certificate and domicile statement, which facilitated by Kelurahan Selat Hulu and Kelurahan Selat Tengah. In addition, several following programs to recover living quality and income of the affected people were provided:
BPJS (Health Insurance) Program by the Department of Health, which will be implemented on FY. 2018 during Quarter 1 to 4. The program will be financed by local budget (APBD financing).
Garbage Bank Customer Program by Department of Public Works and the Environment, which will be implemented in FY 2018 during Quarter 1 to 4. The program will be financed by local budget (APBD financing).
Various Skill Training Programs based on the interest of the affected people by Department of Labor which will be implemented in FY 2018 during Quarter 1 to 4. The program will be financed by local budget (APBD financing).
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Value (IDR) Provider Financing Schedule of implemen tation
1. Mahmudah 1. Sewing Training 5.000.000,00 Skill Training Center (BLK) of Kapuas
Course 5.000.000,00 Subdepartmen of Construction Service
31 | P a g e
70. Conclusion. The economic recovery or income restoration program for six APs will be implemented by Kapuas local government to comply with the lack of compensation that has been given, based on the calculation of Reasonable Reimbursement Fair Value that has been done. The Recovery Program Value to be provided to cover the Gap will be explained below;
Recovery Program Value = 66.000.000
,-Gap = 65.314.134
,-Difference (Excess Compensation) 685.866,-
Table 16. Program Type and Implementation of APs Recovery
Source: Primary Data, processed already, Januari 2018
Table 17. Name of affected peoples who are beneficiaries of the Recovery Program
Source: Primary Data, processed already, November 2017
Q1 Q2 Q3 Q4
01. Indonesia Health
Card 6 HH 100.000/Month 50.400.000
DINAS
KESEHATAN APBD
02. Tranning 3 HH 1.875.000/Person 6.000.000 BLK APBD
03. Integrated Service
Pos for Elderly 2 HH 100.000/Month 9.600.000
DINAS
KESEHATAN APBD 66.000.000
2018 to 2021
Total Cost
NO. Type of programe Number of Beneficiaries Unit
Compensation
Value TOTAL Value P I C Budgeting
Implementation Schedule
Rattan
Handicraft Carpentry
01. MAHMUDAH 12.000.000 12.000.000 -11.608.489 391.511 2018-2020 4 anggota keluarga
02. SARDIANOR 18.000.000 18.000.000 -17.927.836 72.164 2018-2021 4 anggota keluarga 03. LAMSIAH 6.000.000 4.800.000 10.800.000 -10.745.877 54.123 2018-2021 1 anggota keluarga 04. RUDY HARTONO 1.500.000 4.500.000 9.600.000 15.600.000 -15.553.426 46.574 2018-2020 4 anggota keluarga 05. SETYA DARMA 1.600.000 1.600.000 -1.569.202 30.798 2018 2 anggota keluarga 06. ABDUL SANI 3.600.000 4.400.000 8.000.000 -7.909.304 90.696 2018-2019 2 anggota keluarga
66.000.000 -65.314.134 685.866
TOTAL (IDR)
BPJS
NO. Name R R V IDR G A P Surplus Implementation
Year Remark Intgerated
32 | P a g e CHAPTER VIII
INSTITUTIONAL ARRANGEMENTS
A. GENERAL SETTINGS
71. In supporting the implementation of NUSP-2, the organization of project management involves government, community and consultants, at the central level, district/municipal level, to the Kelurahan and the community. The organizational structure of the project can be seen in Appendix 6
72. The Directorate General of Human Settlements is the Executing Agency of NUSP-2, at the central level of EA assisted by the Project Management Unit (PMU) and theSatker PKPBMas the Project Implementation Unit (PIU) at the central level. Whereas at the city level, there is a Local Coordinating Office (LCO) Kapuas District and Kapuas District Satker as the Project Implementation Unit at the district level. Each unit is assisted by a national management consultant (NMC) and a Regional Management Consultant (RMC). The Directorate General of Human Settlements is responsible for the management of LARP compiled by the LCO and Satker assisted by Safeguard Specialist at the Regional Management Consultant (RMC). These consultants will work together with the District PIU to monitor and update the LARP document.
B. THE DIVISION OF ROLES
73. PMU and Unit Work, representing DGHS to perform the tasks are: 1). Establish program planning and implementation policies; 2). Coordinate all activities to all relevant agencies; 3). Conduct recruitment of consultants; 4). Coordinate project financial management;5). Coordinate the procurement process of goods and services; 6). Coordinate intensively with the lender; 7). Consolidate comprehensive physical and financial reports; 8). Supporting the tasks of LCO and City Work Unit in carrying out their duties, including in implementing and updating LARP; 9). Conduct control, monitoring and evaluation of all project implementation.
74. LCO and Unit Work representing the City Government to carry out the tasks are: 1). Preparing SIAP; 2). Coordinate all activities to all relevant agencies in the region; 3). Coordinating actors at the community level; 4). Coordinate NUAP drafting and civil work planning; 5). Conducting regional auctions and coordinating procurement of goods at the community level; 6). Coordinate intensively with PMU and Satker at the central level; 7). Consolidate physical and financial reports at city level; 8). Arranging safeguard reports including implementing and updating LARP; 9). Controlling, monitoring and evaluation of all project implementation at city level; 10). Deliver physical and financial reports to the PMU and the Central Satker on a regular basis.
33 | P a g e
and reporting on initial project impact assessments; 11). Controll, monitor and evaluate of all project implementation at city level; 12). Deliver physical and financial reports to PMU, LCO and Unit Work on a regular basis.
Table 18. Implementation Schedule
1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6
1 Initial Coordination for Planning
LCO, Satker
2 Identifying Aps
Surveyor Team
3 Developing DED
Consultant
4 Dissemination
LCO, Satker
5 Village Meeting
LCO, Satker
6 Coordination Meeting for Compensation
LCO, Satker
7 Follow-up meeting
LCO, Satker
8 Dissemination of Relocation Plan
LCO, Satker
9 Relocation Process
LCO, Satker
10 Project Site Preparation
Contractor
11 Physical Construction
Contractor
12 Aps Monitoring
Monev Team
13 Post-Construction Coordination Meeting
LCO, Satker
14 Recovery Program
Local Government
15 Updating DDR
LCO, Satker and Monev Team
No.
Activity
PIC
2016
2017
C. BUDGETING
34 | P a g e CHAPTER IX
MONITORING AND EVALUATION
A. OBJECTIVE
77. Monitoring and evaluation activities are conducted to monitor the implementation of resettlement of the affected people to be carried out in accordance with the plan and to benefit all parties involved. Monitoring was conducted by the LCO and the local PIU of Kapuas District in collaboration with the monitoring and evaluation team.
78. The monitoring and evaluation team has following tasks; 1). Supervision of action plan implementation starting from dissemination, consultation, land acquisition and relocation, physical construction, community involvement; 2) Coordination with relevant stakeholders in local government and affected peoples; 3). Preparation and updating of progress reports on the implementation including LARP.
B. MONITORING AND EVALUATION RESULT
79. Relocation one Affected Household. One house that serves as a place of business (kiosk) on behalf of Mrs. Mahmudah moved to a new site not far from the original location. Mrs. Mahmudah built her business place in the front yard of her original home. The current condition of business premises is getting better, bigger and more relative merchandise. Ibu Mahmudah benefited greatly from the bridge, as the distribution and sale of her merchandise were much smoother. Based on interviews conducted, Mrs. Mahmudah has revenue increase of about 25% compared to the previous place.
Figure 4. The condition of Mrs. Mahmudah's place of business
35 | P a g e
opportunities. Currently, after receiving compensation, Mr. Sardianor has dared to open a wider place next to his home and is now progressing significantly.
Figure 5. Condition of the house and place of business Mr. Sardianor
Figure 6. The condition of the porch of the house and place of business Mrs. Lamsiah The results of monitoring and evaluation found that the positive impact posed post bridge development is the economic trend of the community will increase. This is indicated by the growth of new business opportunities and the development of community businesses that increase due to easier transportation modes (transportation can be up to business location).
C. RECOMENDATION
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The government is obliged to ensure the impact of physical, social, and economic resettlement processes.
Enhancing the dissemination method and scope to community for not building houses or other assets on government owned land.
Improving the control and licensing mechanism for building development. Facilitating credit access for affected people running small businesses.
Improving the socialization of a good and healthy lifestyle and generating agent of change who can promote this lifestyle to various community groups.
37 | P a g e
38 | P a g e Appendix 1. Distribution of Slum Settlement District of Kapuas
No Sub District Kelurahan Wide area (ha)
01. Selat Selat Barat 35,8
02. Selat Selat Dalam 15,30
03. Selat Selat Hilir 60,15
04. Selat Selat Hulu 68,7
05. Selat Selat Tengah 60,17
06. Selat Selat Utara 18,96
07. Selat Murung Keramat 23,5
08. Selat Panamas 21
09. Selat Desa Pulau Telo 19,71
40 | P a g e Appendix 3. RRV for Utility
01.
MAHMUDAH SHOP 131.400.000
120.000 1.520.000
02.
SARDIANOR HOUSE & SHOP 12-
-
-03.
LAMSIAH HOUSE & SHOP 9-
-
-04.
RUDY HARTONO HOUSE 18-
-
-05.
SETYA DARMA HOUSE 6-
-
-06.
ABDUL SANI HOUSE & SHOP 8-
-1.520.000
T O T A L
Total
No
Name
Type of
Building
Area
44 | P a g e Appendix 7. Existing house conditions
The affected peoples had relocated due to the construction of Kapuas Bridge
Initial condition of affected location
45 | P a g e
Initial condition of Ibu Mahmudah’s house
46 | P a g e Initial condition of affected location
