THE GOVERNMENT OF THE SPECIAL CAPITAL CITY REGION OF
JAKARTA PROVINCE
OFFICE OF PUBLIC WORKS
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
AND
TAMBORA SUB DISTRICT TAMBORA DISTRICT
WEST JAKARTA
AND
PENJARINGAN SUB DISTRICT PENJARINGAN DISTRICT
NORTH JAKARTA
August 2014
Translated base on: Doc. Ref: 4928/-1.793.2
July 14, 2015 Revised: August 21, 2015
Public Disclosure Authorized
Public Disclosure Authorized
Public Disclosure Authorized
i TABLE OF CONTENTS
I. INTRODUCTION ... ii
1.1. Background ... 1
1.2. Potential Impacts ... 1
1.3. Objectives ... 2
II. GENERAL DESCRIPTION OF THE PROJECT ... 3
2.1. Project Location ... 3
2.2. Project Activity Plan ... 3
III. CHARACTERISTICS OF PEOPLE, LAND AND STRUCTURES TO BE AFFECTED BY THE PROJECT . 4 3.1. Description of Land Affected by the Project ... 4
3.2. Description of Structurs Affected by the Project ... 5
3.3. Description of Project Affected Persons ... 6
IV. PROJECT IMPLEMENTATION PLAN ... 11
4.1. Policy of the Government of DKI Jakarta Province ... 11
4.2. Legal Analysis ... 13
4.3. Institutions ... 20
4.4. Monitoring and Evaluation ... 23
4.5. Handling of Complaints ... 23
4.6. Implementation Plan ... 24
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
ii
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
1
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
2
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;
3
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.
4
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.
5 Table 1: Summary of Land Affected by the Project
No Land Description Respondents’ Responses and percentage (%) Remarks
1. Land ownership status
State land Use Rights Out of 63 PAPs at the Pakin-Kali
Besar-Jelangkeng, only 11 PAPs
were interviewed, the
remaining 52 PAPs refused to be interviewed
6 (55%)% 5 (45%)
2 Land ownership elsewhere
Yes No Noreply/public/
social facilities
7(64%) 2 (18%) 2 (18%)
3. Land acquisition method
Purchasing Inheritance Miscellaneous (inhabiting) No reply/ social facilities
2 (18%)
1 (10%) 4 (36%) 4 (36%)
4. Utilization Settlement Business Public/social facilities
Miscellaneous (warehouse/parking)2(1 8%) 3 (27%) 4 (36%) 2 (18%)
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
6 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 Personsare 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
No
Profile Descripti
on
Profile (Number and percentage) Re.
1. Sex Male Female Public/social facilities Out of 63
3. Education Finished
elementary
Degree Public/social
facilities
1(9%) 4(36%) 2(18%) 1(9%) 1 (9%)- 2 (18%)
4. Main Job Entrepreneur /
trader
Miscellaneous (not working/ informal work)
Laborer Public/social
facilities
6 (55%) 2(18%) 1(9%) 2(18%)
5. Marital status
Married Widower Widow Single
9(82%) 0(0%) 0(0%) 2(18%)
6. Origin Native couple
Newcomer couple Public/social facilities
7 (64%) 2 (18%) 2(18%)
7 ID Card No ID card ID card : address according to ID
ID does not match address
Public/social facilities
7 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 the project
Food stalls Other business (warehouses)
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 affected by the project
Doing business in the same location
Making new business
Stop doing business
5 (100%) 0 (0%) 0 (0%)
3.3.3. Economic Condition of ProjectAffected Persons
8
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 member than head working
Rp 1 million-2 million
6(67%) 2(22%) 1(11%)
3. Total expenditure (Rp/bulan)
> Rp 3,000,000 Rp 2 million – Rp 3 Million
Rp 1 million-2 million
4(45%) 3(33%) 2(22%)
4. Family transportation expenditure (Rp/day)
3.3.4. Facilities and Infrastructure
9 Table 6: Summary of Facilities and Infrastructure of the Project Affected Persons
No Description Survey Result
1 Electricity Direct Connection from PLN
9 (82%) 5 Transportation
Means
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 source
Apparatus (District Head, Sub District Head, Neighborhood Block/Ward head) relocated to leased vertical house
Agree Disagree public/social facilities
10
No Description Survey Result
4. Expectation/ Recommendation
Attention to the pubic
Make it better than now
1 (9%)
public/social facilities
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 0
Old family head Not having land nor houses elsewhere
4 2
2. Students Elementary school: 3 students Middle School : 1 students High School: 2 students
11
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.
12
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
13 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.
14
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
15 Table 9
IMPLEMENTATION OF LAND ACQUISITION AND RESETTLEMENT IN JUFMP/JEDI SUB PROJECT SUB PROJECT : PAKIN – KALI BESAR - JELANGKENG
PACKAGE : PIU 7 / OFFICE OF WATER MANAGEMENT OF DKI JAKARTA
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
PIU of DKI Jakarta
II LAND ACQUISITION PREPARATION 1 Formation of Preparation team/Secretary of
the Preparation Team
Governor of DKI Jakarta
10 Members : Mayor, SKPD, PIU, relevant agency
2 Notification to Development Plan 20
a. Dissemination Preparation team
b. Face to Face Preparation team The governor can delegate the land
acquisition preparation implementation to mayors
c. Notification Preparation team
3 Official Report of Dissemination / Face to Face
Head of the Preparation Team
4 Direct Notification of Development Plan Preparation team
a. Mass Media Preparation team
b. Electronic Media Preparation team
5 Initial Data Collection of Development Plan Location
Preparation team 30
6 Public Consultation of Development Plan Preparation team 60
7 Official Report of Agreement Preparation team
8 Formation of Study Team Governor of DKI
Jakarta
Formed when there are objections after public consultation
9 Formation of Study Team Secretariat Head of the
Preparation Team
10 Implementation of Team Study 14
a. Inventory of Problems that are the reason of objection
16 b. Meeting / Clarification with the
Objecting Party
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
14
13 Land Acquisition Implementation Application
PIU
III IMPLEMENTATION OF LAND ACQUISITION 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
4 Determination of membership of land acquisition implementer and local secretariat
Head of city land office
5 Preparation of land acquisition implementation
a. Preparation of work plan Head of Land
Procurement Executive Agency
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. Data collection Task force B
e. Issuance of Nominative data Task force B
7 Minutes of Inventory and identification Head of Task Force
8 Announcement of inventory and identification result
Head of Land Acq. Executive Agency
14
17 10 Verification and Revision of Field Map /
nominative data
as above 14
11 Minutes of verification and revision of inventory and identification
12 Minutes of rejection of objection as above
13 Determination of Assessor as above 30
a. Simple selection b. General selection
14 Appointment of public assessor as above
15 Minutes of delivery of inventory and identification
as above
16 Asssessment of compensation assessor 30
17 Minutes of delivery of asssessment Assessor
18 Meeting for determining compensation Head of land acq.
Executive Agency 30
19 Minutes of Agreement as above
20 Delivery of monetary compensation 7
a. Opening of saving in the name of the entitled person
as above
b. Validation of provision of monetary compensation
as above
c. Proof of delivery of monetary compensation
Entitled party
d. Minutes of delivery of compensation PIU/entitled party
e. Minutes of release of rights Head of land office
f. Photo / video documentation Land Acquisition
team 21 Provision of compensation in the form of
substitute land
a. Provision of substitute land PIU/entitled party 180
b. Validation of payment of compensation in the form of substitute land
Land Acquisition team
c. Receipt of delivery of compensation in the form of substitute land
Entitled party
d. Minutes of delivery of compensation in the form of substitute land
PIU/entitled party
18
f. Photo / video documentation Land Acqusition
team 22 Provision of compensation in the form of
resettlement
a. Provision of resettlement PIU 365
b. Validation of payment of compensation in the form of resettlement
Head of Land Acqquisition team
c. Receipt of delivery of compensation in the form of resettlement
Entitled party
d. Minutes of delivery of compensation in the form of resettlement
PIU/entitled party
e. Minutes of release of rights Head of land office
f. Photo / video documentation Land Acquisition
team
23 Provision of compensation in other form a. Validation of payment of
compensation in other form
Head of Land Acqusition team
b. Receipt of delivery of compensation in other form
Entitled party
c. Minutes of delivery PIU/entitled party
d. Photo / video documentation Land Acquisition
team 24 Provision of compensation in the form of
shares
a. Validation of payment of
compensation in the form of shares
Head ofLand Acquisition Team
b. Receipt of delivery of compensation in the form of shares
Entitled party
c. Minutes of delivery of compensation in the form of shares
PIU*/entitled party *In this case state/regional owned enterprise
d. Minutes of release of rights Head of land office
e. Photo / video documentation Land Acquisition
Team 25 Provision of compensation in special
19 a. Validation of payment of
compensation in special conditions
Head of Land Acquisition team
b. Receipt of delivery of compensation in special conditions
Entitled party
c. Minutes of delivery of compensation in special conditions
PIU/entitled party
d. Minutes of release of rights Head of land office
e. Photo / video documentation Land Acquisition
team 26 Deposit of compensation
a. Application of deposit of compensation in court
PIU
b. Minutes of compensation Chief of District
Court
27 Documentation of Field Map, Nominative Map and Land Acquisition Administration Data
Head of land office
28 Delivery of Result of land acquisition for public interest
a. Minutes of delivery of result of land measurement
Head of Land Acquisition team
7
b. Application for land certificate PIU
c. Issuance of measurement certificate Head of land office
d. Issuance of land certificate Head of land office
Remarks: Legal basis:
1. Law Number 2 of 2012 concerning Land Acquisition for Public Interest
2. Presidential Regulation Number 71 of 2012 concerning Organization of Land Acquisition for Public Interest
20 c. Environmental and Public Order Aspects
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
PERIOD
BUDGET
1. Secretary of Province
to coordinate all activities of the DKI Jakarta Provincial
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No. AGENCY RESPONSIBILITY IMPLEMENTATION
PERIOD
BUDGET
2. Development and Environment Assistant
To assist the Province Secretary in coordinating all activities of Jakarta Provincial government
During resettlement
3. Administration Assistant
To help the regional secretary coordinate mayors in
performing the resettlement process of DKI Jakarta Province
To coordinate the planning and budget allocation related to the implementation of JUFMP / JEDI, including the resettlement of Pakin – Kali Besar -
To coordinate government appratuses in Penjaringan District and Penjaringan Sub District in carrying out the process of resettlement of the Pakin drain dredging PAPs
During resettlement
To coordinate govermment appratuses
- in Sub district of Tambora and Roa Malaka. Tambora District
- in Tamansari District and Pinangsia Sub District in carrying out the process of resettlement of the Pakin drain dredging PAPs
During resettlement - Jelangkeng PAPs who have been verified by District Head and Sub District Head (data attached)
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No. AGENCY RESPONSIBILITY IMPLEMENTATION
PERIOD Building of DKI Jakarta
To provide Rusunawa and allocate units of Rusunawa for the Pakin - Kali Besar – Jelangkeng PAPs
To provide assistance to the relocated people
During the process of preparation and implementation of Public Relations of the DKI Jakarta Province
To provide documentation, press releases, and publications in the media of the DKI Jakarta Provincial Government of the DKI Jakarta Province
To provide services for people displaced from the origin to
Rusunawa or other location designated resettlement Health, Office of Education, Office of Transportation of the DKI Jakarta Province
To provide health, education and transport services
During resettlement Office of SMES, Office of Labor of the DKI Jakarta Province
To provide business recovery assistance Service Police of the DKI Jakarta Province
To help people make emptying, demolition of structures and guard land that has been acquired
During resettlement process, preparation and implementation
DKI Jakarta
To implement monitoring and coordinating the
implementation of JUFMP / JEDI project, including the
resettlement process Kali Besar - Jelangkeng PAPs
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No. AGENCY RESPONSIBILITY IMPLEMENTATION
PERIOD
BUDGET
Tamansari and Tambora Districts
To coordinate the
apparatuses of Petojo Utara Sub District in the socialication and consultation on resettlement process 15. Head of
Penjaringan, Roa Malaka, Pinangsia and Tambora Sub Districts
To verify the data of PAPs To implement the process of occupied by the PAPs
To perform resettlement
During resettlement
4.4. MonitoringandEvaluation
The Directorate General of Water Resources of the Ministry of Public Works (Now- Ministry of Public Works and Public Housing), represented by CPIU assisted by the supervising consultant will act as the internal supervisor of the project. At CPIU level, Monthly Report will be submitted to the Director of Water Resources of the Ministry of Public Works and Public Housing) of the Republic of Indonesia, while at Jakarta PIU level, it will be submitted to the Governor of Jakarta through the office of Public Works (Now- Water Management Office) and Provincial Secretary. Monitoring will be started during preparation of LARAP, and the Monitoring Progress Report will be available for the projectaffected persons (PAPs) and uploaded on the web sites of JUFMP and WB.
4.5. Handling ofComplaints
Complaints related to aspects of transfer of the affected population will be addressed as soon as possible and settled in posts that serve as places for the people to lodge complaints (within 14 (fourteen) days). The process of handling complaints will be facilitated by experts from the Complaints Handling Specialist in Supervision Consultant assigned in the field. Complaints can be submitted by SMS, Email / Web, or lodged personally to the post.
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and deliver them to the competent institution and or PIU of the office of Water Management of DKI Jakarta Province.
CITY LEVEL : if the people are disappointed, not satisfied or not received response from the
PIU, they can submit complaints to the Office of Mayor. After receiving complaints of the people, the Mayor will take action on the case in question. To help resolve the complaint, the Mayor is responsible to document and keep records of the complaints handled.
PROVINCIAL LEVEL : if the complaint does not receive a response from the mayor, the people
can submit a complaint to the Governor. The time required for the handling of complaints is about 30 (thirty) days.
Final steps: If the people are disappointed and not receiving response from the governor, the
complaint can be taken to court for legal settlements.
4.6. Implementation Plan
Plan of Handling Project Affected People by the Pakin - Kali Besar - Jelangkeng Project.
Table 11: Plan of Handling the Pakin - Kali Besar - Jelangkeng Project Affected People
No Program and Activity Implementation
period
Person in Charge Fiscal year
I. Preparation
1 Formation of the Land Acquisition Implementation Team (based Instruction Governor of DKI Jakarta Province Number 48 of 2014) May 30, 2014
30 May 2014 Regional Development Planning Agency
2014
2 LARAP Document preparation Agustus 2014 Office of Public Works
(now-Office of Water Management)
2013 - 2014
3 Cut off date 18 March 2014 Office of Public Works 2014
4 Determination of Project Affected People 18 March 2014 Office of Public Works 2014 5 Collection of Project Affected people July 2015 Office of Water
Management
2015
6 Revision of RP Document July 2015 Office of Water
Management
2015
II. Land Acquisition*)
Based on the DED, it is indicated that no purchase of resident’s land will be needed. However, if land purchase is still needed,
the total needed will be very small (less than 5 Ha) so that the project leader can negotiate directly or follow the points below 7 To develop Work Plan (based on Jakarta
Provincial Governor Instruction Number 48 of 2014)
30 May 2014 up to the present
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No Program and Activity Implementation
period
Person in Charge Fiscal year
8 Study and inventory of land (to ensure ownership of the land and structures)
August 2015 North Jakarta and West Jakarta Mayors
2015
9 To provide explanation and discussion of the results of research and Inventory to the PAPs
September 2014 North Jakarta and West Jakarta Mayors
2014
10 To prepare documentation and prepare minutes of deliberation
September 2014 North Jakarta and West Jakarta Mayors
2014
11 Implementation of the provision / payment of compensation:
Implementation and compensation mechanism on the value of assets that have been assigned to the asset owner
Documentation of the process of providing of the compensation,
Issuance of Rights disposal of the land affected by the project
October 2014 –
North Jakarta and West Jakarta Mayors
North Jakarta and West Jakarta Mayors
North Jakarta and West Jakarta Mayors 12 Land Certification or Land Rights Issuance
Facilitation of separation of affected land certificate
Facilitation of the making of new SPPT PBB on non affected land plots
October 2014 - May 2015 October 2014 - May 2015
North Jakarta and West Jakarta Mayors, National Land Agency, Land Tax Office
2014-2016
III. RESETTLEMENTS
13 Preparation of new location for constructing / preparing vertical house
Deliberation with PAPs to determine the new locations, procedures to get unit of
Rusunawa, rights and obligations, schedule of relocation
Transportation assistance for relocating the properties from old to new locations
July 2015 –
Office of Housing and Government Buildings, Mayors of North and West Jakarta,
Office of Transportation
2015 –
14 Delivery of coupon for leased vertical house standby prospective occupants
August – September 2015
Office of Housing, Mayor of West Jakarta, District and Sub District offices
2015/201 6
15 Relocation of Project Affected Persons (PAPs) July 2015 – December 2016
Office of Housing and Government Building, Office of Population and Civil Registry, Head of Civil Service Police
2015 - 2016
16 Demolition of project affected structures 1) The contractor is responsible for
damage/destruction of structures due to project activity
August 2015 – December 2016
Office of Water Management
2015-2016
2) Field physical work plan will be prepard by the contractor by adjusting to the readiness of relocation of PAPs to the Rusunawa or temporary shelter before moving to the Rusunawa
August 2015 – September 2015
Office of Water Management
3) Demolition of structures resulting in relocation of PAPs will be done after they have moved to the
Between August – December 2016
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No Program and Activity Implementation
period
Person in Charge Fiscal year
Rusunawa or temporary shelter before moving to the Rusunawa
IV DREDGING AND CONSTRUCTION OF SHEET PILE
17 Dredging August 2015 –
December 2016
Office of Water Management
2015-2016 14 Construction of sheet pile
*) Land Procurement will be adjusted to:
1. Law Number 2 of 2012 concerning Land Acquisition for Public Interest
2. Presidential Regulation Number 71 of 2012 concerning Organization of Land Acquisition for Public Interest 3. Presidential Regulation Number 40 of 2014 concerning Amendment to Presidential Regulation Number 71 of 2012 4. Regulation of the Head of the National Land Agency Number 5 of 2012 concerning Technical Guidelines for the
Implementation of Land Acquisition
5. Regulation of the Minister of Home Affairs Number 72 of 2012 concerning Operational Costs and Supporting Costs for the Organization of Land Acquisition for Development for Public Interests derived from Regional Budget
28 Attachment 1: Photos of Project Area Condition
Structures owned by PAPs on the River
Banks of Kali Besar and Jelangkeng
Survey Activities (discussed with massel seller)
Surrounding Riverbanks in Pinangsia Sub District
Survey Actvities surrounding Potentential PAPs in Tambora Sub District
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30
32
37 Attachment 5: Summary of Structures and PAPs Pakin-Kali Besar-Jelakeng Sub Project
No. Kategori WTP Jumlah Bangunan/WTP Area/luas (m2) Hak-Hak Pilihan atas hak Perkiraan Biaya
(Rp.)
59/59 Kompensasi
atas hilangnya
# Tipe Mata Pencaharian WTP Pilihan bantuan
rehabilitasi
Dibongkar sebagian Pilihan WTP Perkiraan Biaya
(Rp.) Fungsi dan ukuran
bangunan
Fungsi dan ukuran sisa bangunan
Orangyang memiliki danmenempatitempat tinggaldan bangunan lainnya: 1 =kompensasi uang tunaidan akses keperumahan rakyat
2 =perumahan rakyat
3 =hanya kompensasi uang tunai 4 =bentuk lain darikompensasi, sebutkan…
Penyewa: 1=perumahan rakyat
2=biaya sewadan akses keperumahan rakyat 3=skemalain
4=dll
Orangyang mata pencahariannyaakan terpengaruh: 1=hilangnyapendapatan daritoko kecil
2=kehilangan pendapatandari industrikecil
3=hilangnyapenghasilan dari kegiatanproduktifspesifik(seperti nelayan) 4=hilangnyapendapatan darijasa
5=lainnya
Pilihan untukbantuan rehabilitasi:
1=fasilitasiuntuk menemukantempat baruterdekat dengan wilayahsemula
2=pelatihanuntuk berbagai jenispekerjaan 3=kredit
4=fasilitasidalam pembentukankegiatanyang menghasilkan pendapatanbaru
5=kombinasi di atas
Pemilikasetyang rusak selamakonstruksi: Semua bangunanyang rusak
1=tempat tinggal 2=tempat usaha 3=pagar
Penyerobot:
Jenispenggunaandan ukuranbangunandiserobot 1=tempat usaha, rata-rata ukuran..
38 4=lain
Sebagian rusak 1=tempat tinggal 2=tempat usaha 3=pagar 4=lain
Pilihan untukkompensasi 1=kompensasitunai 2=membangun kembali 3=sewa
3=toilet, ukuran rata-rata.. 4=lainnya, rata-rata ukuran..
Penggunaandanukuran bangunanyang tersisa 1=tempat tinggal utama, ukuran rata-rata 2=tempat tinggal utamadan usaha, ukuran rata-rata 3 = tempat usaha saja, ukuran rata-rata
4 =lainnya, rata-rata ukuran
Pemilik bangunan sewa informal: Jumlahbangunansewa
1=satu unit 2=dua unit 3=tiga unit 4=lebih dari tigaunit
Jumlahpenyewayang terkena dampak 1=dalam satu unit
39 Attachment 6 : Governor of DKI Jakarta Instruction No. 48/ 2014 on Implementation of
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