C. Information Disclosure, Participation and Consultation Meeting Plan during LARP Updating and Implementation
V. GRIEVANCE REDRESS MECHANISM
72. A Grievance Redress Mechanism (GRM) is a systematic process to receive, evaluate and address the subproject-related grievances of APs. The proposed project-level GRM was included in the PIB which was distributed to the APs and posted at accessible places to ensure that the local communities were aware of the proposed project-level GRM. In addition, the proposed project-level GRM was also discussed with the APs, village government and community leader and agreed by the concerned stakeholders during interviews and public consultation meetings.
The updated PIB will also contain the agreed GRM to deliver to the Subproject stakeholders and posted in the public places of the Subproject area after the approval of the LARP. The RBO will ensure the GRM with a culturally inclusive and gender-sensitive mechanism. A GRM focal point at RBO has be appointed during LARP preparation. There are no fees charged to complaint submission and solution.
73. Grievances related to the identification of affected economical and physical assets (land acquisition objects) will be addressed following Government Regulation No. 19/2021 article 65 as follows:
(i) If APs have the objection regarding of result of inventory and identification, an aggrieved AP may submit the objection of the results of the DMS on affected lands
and other assets to the LAIT within 14 working days since the announcement of the DMS results. The LAIT will verify and revise the land maps and/or nominative list.
(ii) Verification and revision will be made no later than 14 working days since the receipt of the grievance.
(iii) In case the DMS results and the results of identification and verification are different, the revision shall be set out into an inventory and identification revised report.
(iv) If the grievance on DMS results are rejected, the LAIT will prepare a rejection report.
74. Grievances related to the subproject location determination will be addressed referring Government Regulation No. 19/2021 articles 33–40 as follows:
(i) If there is a party who have objection to the planned location of development, a public consultation meeting will be repeated by engagement of the objecting party within thirty (30) working days. If in the repeated Public Consultation, the parties still have objection to the planned location of the project, DGWR will report such an objection to the local governor.
(ii) The governor will form a team to conduct a study of the objections to the planned location of the subproject. Based on the study’s findings of the team, a recommendation whether the objection to the planned location of the subproject is accepted or rejected will be made within fourteen (14) working days of the receipt of the application by the governor.
(iii) The governor upon the recommendation shall issue a letter of the acceptance or rejection of objections to the planned location of development. If objection to the planned location of the subproject is rejected, the governor will confirm the location of development. If the objection to the planned location of the subproject is accepted, the governor shall notify DGWR to change/move the subproject location to another location.
(iv) Where upon the confirmation of the location of the subproject there is still an objection, the entitled party may file a lawsuit with the local State Administrative Court within thirty (30) working days of the issuance of the location confirmation.
(v) The State Administrative Court will hold whether to accept or reject the lawsuit within thirty (30) working days of the receipt of the lawsuit. The objecting party to the decision of the State Administrative Court may within fourteen (14) working days file a petition for cessation with the Supreme Court of the Republic of Indonesia.
(vi) The Supreme Court must issue a decision within thirty (30) working days of the receipt of the petition for cessation. The final and binding court decision will be the ground whether to continue the acquisition of land for development in the public interest.
75. Grievances related to amount of compensation will be addressed according Government Regulation No. 19/2021 article 75 as following:
(i) An aggrieved AP may bring the grievance/complaint as regards identification of land acquisition objects and compensation rates directly to the LAIT or land agency through the informal leader who will submit it to the LAIT either in writing or relay it verbally. The LAIT together with the land agency and the informal leader will
attempt to seek consensus to achieve an acceptable settlement with the aggrieved AP.
(ii) If negotiation on compensation with the LAIT fails, the aggrieved AP may bring the grievance/complaint to district court within 14 working days with the signing of deliberation forum report. If within 14 working days, no grievance is filed by the APs to the court, institution that require land will deposit the compensation to the district court. The outcomes will then include (i) the court shall decide the forms and/or amount of compensation not later than 30 working days since receipt of the objections, and (ii) If the AP is not satisfied with the decision of the district court, the AP within 14 days may bring the case to the Supreme Court.
(iii) The Supreme Court must grant verdict (final decision) no later than 30 working days.
76. Complaints related to other aspects of the subproject such as objections related to construction activities, restriction access, will be addressed according to the following procedure:
(i) The aggrieved party may file any complaint either directly to Subproject staff, contractor or village head or local community leader, who will appeal to the focal person of the GRM at the Subproject office. The GRM focal person will facilitate the resolution of each complaint/complaint by involving the Subproject manager, sub-district office, village office and/or community leaders within 15 working days of the complaint being received.
(ii) If the aggrieved AP is not satisfied with the settlement taken, the GRM Focal Person will bring a complaint to the Head of Cimanuk-Cisanggarung RBO to seek a resolution. The head of Cimanuk- Cisanggarung RBO has 14 working days to resolve complaints.
(iii) If the aggrieved AP is not satisfied with the decision or handling of the complaint, he/she may bring the grievance, either in writing or verbally to the regent of the district accompanied by an explanation on the causes and reasons for the objection within a period of 14 working days from the issuance of the decision.
(iv) The regent of the district will decide on the complaint within a period of 30 working days by requesting for opinions/wishes from (i) the aggrieved AP; (ii) LAIT; and (iii) other concerned entities (i.e., contractor, Land Agency). The regent’s decision will be delivered to the aggrieved AP, the LAIT, and other relevant agencies.
(v) If after 30 working days, no decision to the complaint is made or if the aggrieved AP is not satisfied with the decision taken by regent/mayor of district, the AP may bring the complaint/case to the governor. The governor will decide on the complaint within a period of 30 working days. The opinions/wishes of (i) the aggrieved AP; (ii) the LAIT; and (iii) other concerned entities may be required for the decision. The governor’s decision on the complaint will be delivered to the aggrieved AP, the LAIT, and other concerned entities.
(vi) If after another 30 working days, no decision to the complaint is made or if the aggrieved AP is not satisfied with the decision taken by mayor of district/regent and/or the governor, it may bring the complaint/case to the court for adjudication.
77. If efforts to resolve disputes using the grievance procedures remain unresolved or unsatisfactory, complainants - as a last resort - have the right to directly discuss their concerns or problems with the ADB’s Environment, Natural Resources and Agriculture Division, Southeast Asia Department (SERD) through the ADB Indonesia Resident Mission (IRM). The address and contact details of IRM will also be indicated in the final PIB. If complainants are still not satisfied with the responses of the SERD, they can directly contact the ADB Office of the Special Project
Facilitator5. The Office of the Special Project Facilitator procedure can proceed based on the Accountability Mechanism in parallel with the Subproject implementation.
78. Progress of grievance resolution needs will be included in the semiannual social safeguards monitoring reports and progress reports of the project.
79. The PIU supported by consultant and contractor will be responsible for recording the complaints received, documenting the process of grievance resolution, and reporting on the GRM.
80. Capacity building for relevant stakeholders on GRM will be conducted by Social Safeguards Specialist of the Project Implementation Consultant (PIC) and will be conducted prior to the commencement of land acquisition activities.
81. At any stage in the GRM, the complainant may have the option to elevate the complaint to the authorized local court for litigation following the rules of court. During the litigation of the case, the GOI will request from the court assurance that the subproject will proceed without disruption while the case is being heard. If any party is dissatisfied with the ruling of the court, that party can elevate the case to a higher court.
82. Contact details of the focal point who will handle and facilitate the grievance redressing during LARP Cisanggarung FRM preparation as following.
Mr. Marzulian
Cimanuk Cisanggarung RBO
Jalan Pemuda No 40 Cirebon 45132
Telp. (0231) 206657, Fax. (0231) 205875/0231-206657 Email: [email protected]
VI. LEGAL FRAMEWORK