Flood Management in North Java Project

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Land Acquisition and Resettlement Plan

Draft

Project Number: 51157-001 August 2023

Indonesia: Flood Management in North Java Project

Cisanggarung Flood Risk Management

West Java Province and Central Java Province

This Land Acquisition and Resettlement Plan is prepared by the Ministry of Public Works and Housing through Directorate General of Water Resources for Asian Development Bank.

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Currency unit – Rupiah (Rp) Rp1.00 = $0.000066

$1.00 = Rp15,095.00

ABBREVIATIONS ADB – Asian Development Bank

AP – affected person

AH – affected households

BAPPEDA – Badan Perencanaan Pembangunan Daerah (Provincial/District Development Planning Agency)

BAPPENAS – Badan Perencanaan Pembangunan Nasional (National Development Planning Agency)

KATR/BPN – Kementerian Agraria dan Tata ruang/Badan Pertanahan Nasional (Ministry of Agraria and Spatial)/Badan Pertanahan Nasional (National Land Agency)

BPN – Badan Pertanahan Nasional (National Land Agency) CPMU – central project implementation management unit DGWR – Directorate General of Water Resources

DMS – detailed measurement survey

EA – executing agency

EMO – external monitoring organization EOS – earth observation services ESP – engineering service project FGD – focus group discussion

FFEWFES – flood forecasting early warning and flood evaluation systems FMNJP – Flood Management in North Java Project

FRM – flood risk management GoI – Government of Indonesia GRM – Grievance Redress Mechanism

IA – implementing agency

IOL – inventory of losses

IP – indigenous people

IR – involuntary resettlement IRM – Indonesia Resident Mission

LAIT – land acquisition implementation team LARP – land acquisition and resettlement plan LAPT – land acquisition preparatory team LRP – livelihood restoration program LSAC – Local State Administrative Court

LPIC – Land Procurement Implementation Committee LPCT – Land Procurement Committee Team

MAPPI – Indonesia Professional Appraisers MOHA – Ministry of Home Affairs

MPWH – Ministry of Public Works and Housing NGOs – non-governmental organizations PIB – public information booklet

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PIU – project implementation unit

PIC – project implementation consultant PPC – project preparatory consultant RBO – river basin organization RBT – river basin territories RCS – replacement cost survey SES – socio-economic survey SPS – Safeguards Policy Statement

SR2 – Safeguards Requirement 2 (or Involuntary Resettlement) TA – technical assistance

DEFINITION OF TERMS Affected persons

(APs)/ affected Community/

affected Households (AHs)

– Refers to any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (e.g., residential, commercial, agricultural, and/or grazing land), water resources or any other fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without physical displacement. An affected household (AH) includes all members residing under one roof and operating as a single economic unit, who are adversely affected by the project.

Compensation – This is payment given in cash or in kind to APs at replacement cost or at current market value for assets and income sources acquired or adversely affected by the project

Cut-off date – Refers to the date which sets the time limits to determine eligibility of persons living and/or with assets or interests inside the project areas. For this subproject, the cut-off date will be the date when the Cimanuk Cisanggarung RBO Land Acquisition Implementation Team and West Java Provincial Land Office complete the detailed measurement survey (DMS) of APs’ land and/or non-land assets.

APs will be informed of the official cut-off date, and any people who settle in the subproject area after the cut-off date will not be entitled to compensation and assistance under the subproject.

Detailed Measurement Survey

– With the use of final detailed engineering drawings, this activity involves the finalization and/or validation of the results of the Inventory of Losses, severity of impacts, and list of APs done during preparing of the LARP. The final cost of resettlement is

determined following completion of the DMS. The DMS will be carried out by the Land Acquisition Implementation Team led by land offices.

Eligibility – Refers to any person who has settled in the subproject area before the cut-off date that suffers from (i) loss of shelter, (ii) loss of assets (land, space above and below the surface of the land, buildings, plant, and objects related to the land) and/or or ability to access such assets, permanently or temporarily, or (iii) other losses that can be appraised. such as transaction costs, interest, on loss of residual land, loss of income sources or livelihood regardless of relocation, profession shift, and other types of loss stated by the assignor, will be entitled to compensation and/or assistance).

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etc. which are due to the AHs, depending on the type and severity of their losses, to restore their economic and social base.

Indigenous Peoples – ADB Safeguard Policy Statement 2009 Indigenous Peoples Safeguards (p. 18):

“The term Indigenous Peoples is used in a generic sense to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees: (i) self-identification as members of a distinct indigenous cultural group and recognition of this identity by others; (ii) collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories; (iii) customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and (iv) a distinct language, often different from the official language of the country or region. In considering these characteristics, national legislation, customary law, and any international conventions to which the country is a party will be taken into account. A group that has lost collective attachment to geographically distinct habitats or ancestral territories in the project area because of forced severance remains eligible for coverage under this policy.”)

Informal users – AHs cultivating crops along the project corridor of interest/state land, where there is no actual profit sharing on the crop produce

Inventory of Losses – This is the listing of assets as a preliminary record of affected or lost assets during the preparation of this resettlement plan where all fixed assets (i.e., land used for residence, commerce, agriculture; dwelling units; stalls and shops; secondary structures, such as fences, tombs, wells; standing crops and trees with a commercial value; etc.) and sources of income and livelihood inside the corridor of impact are identified, measured, their owners identified, their exact location pinpointed and their replacement costs calculated. The severity of the impact on the affected assets and the severity of the impact on the livelihood and productive capacity of the Affected Persons or entitled parties are likewise determined.

Involuntary Resettlement

– Refers to physical and economic displacement as a result of (i) involuntary acquisition of land, or (ii) involuntary restrictions on land use or on access to legally designated parks and protected areas.

Such displacement can be full or partial, permanent or temporary.

When the displaced persons have no right to refuse the land acquisition by the state that results in their displacement. This occurs when land is acquired through (i) expropriation by invoking the eminent domain power of the state, or (ii) land is acquired through negotiated settlement when the pricing is negotiated in a process where expropriation will be the consequence of a failure in the negotiation. (ADB IR Source Book, 2012).

Meaningful Consultation

– A process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) is undertaken in an atmosphere free of intimidation or coercion; (iv) is

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gender inclusive and responsive, and tailored to the needs of disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues.

Rehabilitation – Assistance provided in cash or in kind to project APs (especially the vulnerable) due to the loss of productive assets, incomes, employment, or sources of living, to supplement payment of compensation for acquired assets, to achieve, at a minimum, full restoration of living standards and quality of life.

Replacement cost – Replacement cost involves replacing an asset, including land, at a cost prevailing at the time of its acquisition. This includes fair market value, transaction costs, interest accrued, transitional and restoration costs, and any other applicable payments, if any. Depreciation of assets and structures should not be considered for replacement cost.

Where there are no active market conditions, the APs and host populations will be consulted with to obtain adequate information about recent land transactions, land value by types, land titles, land use, cropping patterns and crop production, availability of land in the project area and region, and other related information.

Relocation – The physical displacement of an AP from her/his pre-project place of residence and/or business.

Land Acquisition and Resettlement Plan

– A time-bound action plan with budget, setting out the land acquisition and resettlement objectives and strategies, entitlements, activities, and responsibilities, land acquisition and resettlement monitoring and evaluation.

Severely affected persons

– This refers to APs who will experience significant/major impacts due to (a) losses of 10% or more of their total productive land, assets, and/or main income sources due to the subproject, and/or (b) relocation due to the subproject.

Vulnerable groups – groups of people who might suffer more or face the risk of being further marginalized due to the project and specifically include: (i) households that are headed by women, (ii) household heads with disabilities, (iii) households falling under the regional poverty line, (iv) elderly household heads, (v) landless, (vi) people without legal title to land (non-land rights holders), and (vii) indigenous people or customary communities.

This land acquisition and resettlement plan is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. Your attention is directed to the “terms of use” section of this website.

In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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EXECUTIVE SUMMARY i

I. PROJECT AND SUBPROJECT DESCRIPTIONS 1

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT 4

III. SOCIOECONOMIC INFORMATION AND PROFILE 7

A. Methodology 7

B. Socio-economic Profiles of Subproject Districts 7

C. Socio-economic Profiles of Affected People 8

IV. INFORMATION DISCLOSURE, PUBLIC CONSULTATION, AND PARTICIPATION 15

A. Main Stakeholders 15

B. Information Disclosure, Public Consultation and Participation Conducted During

LARP Preparation 15

C. Information Disclosure, Participation and Consultation Meeting Plan during LARP

Updating and Implementation. 17

V. GRIEVANCE REDRESS MECHANISM 20

VI. LEGAL FRAMEWORK 23

A. National Laws and Regulations of Government of Indonesia 23

B. ADB Safeguard Policy Statement (2009) 29

C. Gap-equivalence Analysis and Subproject Policies 29

D. Subproject Resettlement Principles 40

VII. ENTITLEMENTS, ASSISTANCE AND BENEFITS 41

VIII. RELOCATION OF HOUSING AND SETTLEMENTS 47

IX. INCOME RESTORATION AND REHABILITATION 47

X. RESETTLEMENT BUDGET AND FINANCING PLAN 49

XI. INSTITUTIONAL ARRANGEMENTS 51

XII. MONITORING AND REPORTING 57

APPENDIXES

1. Project Location Map at Andamui Village, Kuningan District 64

2. Affected Land of Cisanggarung FRM Subproject 65

3. Coordination Meeting with RBO Regarding LARP Cisanggarung FRM Preparation,

August–September 2022 66

4. Project Information Booklet 67

5. Documentation of Public Consultation Meeting, Kuningan District 72 6. Attendance List of 1^st and 2^nd Public Consultation Meetings 73

7. Minutes of Public Consultation Meetings 76

8. Involuntary Resettlement Impact Categorization 80

9. Indigenous People Impact Categorization 83

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10. Profiles of Heads of Affected Households 89 11. Official Letter from Kuningan District for Supporting the Subproject 90 12. Official Letter from Brebes District for Supporting the Subproject 92 13. Official Letter from Brebes District about Conformity of Cisanggarung FRM Subproject

with Spatial Plan 94

14. Conformity of Cisanggarung FRM Subproject with Kuningan Spatial Plan 96 15. Conformity of Cisanggarung FRM Subproject with Cirebon Spatial Plan 98 16. Complaints/Grievance Form and Monthly Register Form 100

17. Minutes of Stakeholder Consultation 102

18. Template Negotiated Settlement Agreement 106

19: Price Rating 108

20: Affected Land, Structure, Crops and Trees of Households 110 21: Estimated Cost of Compensation and Assistance for Affected Households 111 22: Outline of a Semi-annual Social Safeguards Monitoring 112

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EXECUTIVE SUMMARY

1. Project Description. Flood Management in North Java Project (FMNJP) will strengthen climate resilience of the people and the economy in the Cimanuk-Cisanggarung (CimanCis) and the Seluna river basins.¹ The project will help in reducing the risk to 485,000 people, agricultural crops, and assets from flooding, in the rapidly urbanizing and industrializing northern coast of Java Island.² The project will operationalize the flood risk management (FRM) approach by (i) establishing earth observation services (EOS) and flood forecasting early warning and flood evaluation systems (FFEWFES) to enhance flood preparedness of communities; (ii) improving planning and land zoning to reduce exposure to floods; and (iii) increasing climate resilience of flood protection infrastructure and their operation and maintenance (O&M).

2. Subproject Description. The Cisanggarung flood risk management (FRM) subproject, henceforth referred to as the subproject, is part of the FMNJP. The subproject covers 12 villages, seven subdistricts of three districts, namely Kuningan, Brebes, and Cirebon. The subproject components include riverbank elevation and riverbank protection.

3. Conformity with Spatial Plans. The subproject conforms with the spatial plans of Kuningan, Cirebon, and Brebes districts. The letters confirming the conformity of the subproject with the spatial plans of the subproject districts are attached in Appendices 11, 12, and 13.

4. This Land Acquisition and Resettlement Plan (LARP) has been prepared to govern land acquisition, compensation, assistance of the subproject in compliance with the national laws and regulations and Safeguard Policy Statement (SPS) of Asian Development Bank (ADB) on Involuntary Resettlement. The LARP has been prepared based on the results of the Inventory of Losses (IOL) on affected lands and non-land assets, Socio-economic Survey (SES) of all 16 affected households (AHs) (67 persons), and Rapid Replacement Cost Study conducted by the Social Safeguards Team of the Project Preparatory Consultant (PPC). This LARP will be updated following the results of the Detailed Measurement Survey (DMS), Replacement Cost Survey (RCS), SES, and additional consultations with AHs and concerned agencies once the final detailed engineering design (DED) of the subproject is available.

5. Scope of Land Acquisition Impacts. A total area of the affected land is 56,354.55 m² or 5.64 ha, which consists of 47,490.33 m² of state land and 8,864.22 m² of private land owned by 16 affected households (AHs)/67 affected persons (APs). The private land is in Andamui Village, Ciwaru Subdistrict, Kuningan District. This land is used for CS-7 component (i.e., construction for riverbank protection). Currently, all the 16 AHs have legal certificates of land ownership for the affected private land. The affected private land is agricultural land and is used by the AHs for planting. All the AHs will lose 10% or more of the total productive landholding of the household.

There is no relocation of AHs due to land acquisition for the subproject. One out of the 16 AHs is a female-headed household – the household is categorized as a vulnerable AHs. In addition to the impact on land, a total of 733 trees, some crop areas and one non-permanent structure (10 m²) used as a resting place for farmers will be also affected.

6. Subproject screening for Involuntary Resettlement (IR) and Indigenous People (IP).

According to the IR screening results, this subproject is categorized as category B for IR as per

1 The Cimancis river basin territory is in West Java province, where Cirebon City is located. The Seluna river basin territory is in Central Java province, adjacent to Semarang City.

2 The North Java Coast is a strategic corridor with (i) a population of 63.2 million in 2020 - a third of the Java island population – which is projected to reach 97.2 million by 2045; and (ii) more than 20% of the national gross domestic product. National Statistic Agency 2010-2022. BAPPENAS. 2020. National Medium Development Plan 2020-2024.

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Operation Manual F1/ ADB’s Safeguard Policy Statement, 2009 (ADB’s SPS, 2009) since it does not cause any physical displacement and the subproject causes significant impacts on less than 200 people. The subproject area is not located within an area with IP communities, so the subproject is categorized as C for IP and IP safeguards are not triggered.

7. Potential impacts during construction (after area clearing). Any temporary impact on land or non-land assets owned by households and local community during construction is the responsibility of the contractor. The compensation should be at full replacement cost. As per the entitlement matrix, new AHs/APs identified during construction shall be entitled to the same or upgraded entitlements as those of the APs in this LARP.

8. Socio-economic Profile. The SES was conducted on the AHs in January–March 2021 and updated in July–August 2022. The number of respondents was 16 APs (100% of AHs) which consist of ten male and six female respondents. The respondents in the age group of 41–50 years old were dominant for both male and female groups. Most of the respondents graduated from junior high school and are engaged in agricultural activities with the income range of IDR 1,363,100–1,703,875/household/month. The average number of family members in each household is 3–4 people. All the AHs have adequate toilet facilities. All the respondents have been informed about the subproject by the survey team, and village staffs. They expected to receive cash compensation for their loss of land, crops and trees.

9. Information Disclosure, Public Consultation, and Participation. Two consultation meetings were organized during LARP preparation and attended by 86 participants which consist of 19 females and 67 males. The first consultation meeting was conducted on 4 February 2021 in Bantarpanjang Village Office, Cibingbin Subdistrict and attended by APs, village office staffs, subdistrict staffs, local government staff, River Basin Organization (RBO) staff and PPC. Total number of participants in the first consultation meeting was 49 participants which consist of 15 females and 34 males. The second consultation meeting was conducted on 17 February 2021 in Bantarpanjang Village Office, Cibingbin Subdistrict, attended by APs, village office staffs, subdistrict staffs, local government staff, RBO, and PPC. For the second meeting, there were 37 participants including four females and 33 males. The key information discussed during the meetings included (i) technical design of the subproject and perception about the subproject; (ii) survey activity, objective, and results; (iii) eligibility (including the proposed cut-off date), proposed entitlements on compensation and assistance, (iv) the proposed project-level GRM; and (v) impacts during construction. The concerns, suggestions, and recommendations from the APs raised in the meetings were addressed and incorporated into this LARP. A Project Information Booklet (PIB) covering the information on the subproject description, potential land acquisition impacts of the proposed subproject, the proposed entitlements on compensation and assistance, the tentative implementation schedule and contact details of the subproject focal person was produced, distributed to the meeting participants and posted in village office (Appendix 4). The results of the conducted public consultation is presented in detail in Chapter IV.

10. Grievances Redress Mechanism (GRM). The proposed project-level GRM has been discussed with and agreed by APs, village government, and the community leader during SES and public consultation meetings. The project-level GRM will be officially established during LARP implementation. The APs will be free for all costs related to grievance resolution. Complaints about all aspects of the subproject and land acquisition are handled through consultation to reach agreement and settlement and to be resolved as much as possible at the project level. The RBO also appoints a focal person to facilitate resolution of any complaints, record and prepare the GRM monitoring reports. The PIB which was distributed to the APs during LARP preparation also included the proposed project-level GRM and contact details of the GRM Contact Person.

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11. Legal Framework. Land acquisition, compensation, and assistance of this subproject is in accordance with the requirements of the ADB Safeguards Policy Statement (SPS) on IR and national laws and regulations of the GOI. The main GOI’s laws and regulations are (i) Law No.

2/2012 on Land Acquisition for Development in the Public Interest and its implementing regulations and (ii) social impact handling for providing land for national development as regulated either through Presidential Regulation No. 62/2018 (applicable for acquisition of land that has been entirely owned by EA/IA) and Ministry of Agrarian and Spatial Planning/National Land Agency (KATR/BPN) Regulation No.6/2020 as its operational regulation or Government Regulation No. 19/2021 (applicable if all or most of lands are owned by other entities). Law No.

2/2012 and Government Regulation No. 19/2021 recognize people using or controlling the government land. Under the law and regulation, owners of buildings and plants are also entitled to receive compensation for the loss of non-land assets.

12. Eligibility and Entitlements. Entitled parties identified within the subproject areas are eligible for compensation, either in cash, replacement land and structures, or resettlement and other assistance. Compensation for affected lands, crops and trees will follow the replacement cost principles to ensure that they will not be worse off due to the subproject. The cut-off date sets the time limits to determine eligibility of persons living and/or with assets or interests inside the subproject areas. The cut-off date for eligibility for compensation and assistance under this subproject is the date when the Cimanuk Cisanggarung RBO Land Acquisition Implementation Team (LAIT) and West Java Provincial Land Office complete the DMS for affected lands and non- land assets. The subproject will inform the official cut-off date to all APs and relevant stakeholders. Any person who settles or encroaches into the subproject area after the cut-off date are not entitled to compensation and assistance. The entitlement matrix which includes type of losses, eligible persons, and compensation and type assistance to be provided to the AHs based on type of impacts as well as additional assistance to the vulnerable groups and severely AHs was prepared in consultation with the APs during LARP preparation.

13. Livelihood Restoration Program (LRP). During LARP preparation, it was assessed that all the 16 AHs will be severely AHs as they will lose 10% or more of total productive landholding of the household due to land acquisition for the subproject. The assessment results also indicated that all the AHs cannot readily make up for livelihood impacts through cash compensation for affected lands and other assets at replacement cost and the AHs need additional supports in livelihood rehabilitation. Based on initial discussion with APs and Kuningan District Government during public consultation, the activities of the LRP have been proposed and consulted with the APs. The proposal still needs to be validated and finalised by Kuningan District Government during LARP updating/implementation. An indicative budget is Rp14,900,000 with 16 eligible AHs as the beneficiaries. A source of fund could be from Kuningan Local Government and the tentative schedule for implementations is Q1–2024. The official letter from the local government of Kuningan District for supporting the subproject implementation is in Appendix 14.

14. Resettlement Budget and Financing Plan. The budget for land acquisition and compensation for affected land, trees, crops is allocated by the Directorate General of Water Resources (DGWR) while the LRP implementation will be financed by local government of Kuningan district. The budget presented in this LARP is an estimate. During the LARP updating, the RCS will be carried out by an independent and qualified appraisal team to ensure that compensation for affected assets and non-assets follows on replacement cost principles. The indicative budget for the respective LARP components Rp2,482,149,641 or $176,829 . The estimated budget will be updated following the results of the DMS and RCS during LARP updating.

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15. Institutional Arrangements. The DGWR is the Executing Agency (EA) responsible for overall coordination, policy directions and administration, including those related to LARP updating and implementation. A Central Project Management Unit (CPMU) will be established under the DGWR. Meanwhile the subproject implementation unit (PIU) is the Cimanuk- Cisanggarung RBO. The PIU will be responsible for the day-to-day implementation of the subproject and will be accountable for implementation, monitoring, and reporting of all technical, safeguards, and financial issues. The CPMU will appoint a social safeguards expert who is responsible for (i) social safeguards monitoring and compliance; (ii) support for land acquisition activities; and (iii) support the LRP implementation. In addition, a social safeguards focal person will be also appointed by the PIU to update and implementation of social safeguards plans to ensure the compliance with ADB’s SPS (200) on IR, be involved in grievance resolution, coordinate with concerned agencies of the subproject districts and West Java during LARP updating and implementation, prepare semi-annual social safeguards monitoring reports for submission to CPMU, support land acquisition, involuntary resettlement activities, social safeguards compliance, and LRP implementation.

16. Capacity building. Social safeguards expert assists RBO for the LARP update and builds the RBO capacity in the implementation of social safeguards. The Social Safeguards Specialist of the PIC will conduct the capacity building training on resettlement planning, implementation and monitoring to the staff of the Cimanuk Cisanggarung RBO, contractor(s) as well as the relevant local government staff in managing social safeguards issues. The training for the stakeholders will be conducted prior to the implementation of the LARP implementation.

17. Implementation Schedule. The LARP implementation is scheduled in accordance with the overall subproject timeline. The EA will ensure that construction of specific sections with LAR impacts will begin after (i) compensation and assistances have been provided in full to the APs;

(ii) the LRP for eligible AHs is in place; and (iii) the area is free from any encumbrances. It is planned that the compensation payment will be made to the AHs in January 2024 and the LRP implementation will start in the Quarter 1 of 2024.

18. Monitoring and Reporting. RBO/PIU will be responsible for internal monitoring.

Semiannual social safeguards monitoring reports are prepared during the subproject implementation to report on the progress of all activities under the LARP, including the LRP implementation. In addition, general progress activities of social safeguards issues should be included in the quarterly project progress report. Semiannual social safeguards monitoring reports and quarterly progress reports will be submitted to ADB for approval and disclosure on the ADB website and project website. The subproject is category B for IR, therefore, it does not require external monitoring of LARP implementation.

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I. PROJECT AND SUBPROJECT DESCRIPTIONS

1. Project Description. The Flood Management in North Java Project (FMNJP) will strengthen climate resilience of the people and the economy in the Cimanuk-Cisanggarung (CimanCis) and the Seluna river basins.³ It will help in reducing the risk to 485,000 people, agricultural crops, and assets from flooding, in the rapidly urbanizing and industrializing northern coast of Java Island.⁴ The project will operationalize the flood risk management (FRM) approach by (i) establishing earth observation services (EOS) and flood forecasting early warning and flood evaluation systems (FFEWFES) to enhance flood preparedness of communities; (ii) improving planning and land zoning to reduce exposure to floods; and (iii) increasing climate resilience of flood protection infrastructure and their operation and maintenance (O&M).

2. Infrastructure components to be implemented along the Cimanuk-Cisanggarung river system will allow (i) reduction in flood water levels; (ii) detention of flood volumes to reduce flood risk exposure to buildings, households, and agriculture areas; and (iii) introduction of enhanced solutions in Integrated Flood Risk Management (IFRM) at the river basin scale by considering numerical modelling (through extent-hazard-risk approach), climate change, nature-based solutions, and sediment yield. The FRM subprojects will include (i) excavation of sediment in river channel, (ii) detention basins, (iii) raise in level/bank elevations, (iv) coastal protection, and (v) nature-based solutions (NBS).

3. The components of the Cisanggarung subproject (henceforth referred to as the subproject) include riverbank elevation (CS-2, CS-4) and riverbank protection (CS-5, CS-7, CS-9) that require a construction area of 5.63 ha. Table 1 presents a brief description of the land requirement and the list of the subproject villages, subdistricts, and districts where the proposed subproject components will be implemented.

Table 1: Subproject Component and Required Area

No Comp. Description of work

Area

(ha) Village Sub

District District IR Trigger

IP Trigger 1 CS-2 Riverbank

elevation

1.13 Benda Kec.

Luragung

Kab.

Kuningan No No

Datar Kec.

Cidahu

Kab.

Kuningan No No

2 CS-5b Riverbank protection

0.37 Kedungneng Kec. Losari Kab. Brebes No No Losari Kidul Kec. Losari Kab. Brebes No No Pekauman Kec. Losari Kab. Brebes No No Randusari Kec. Losari Kab. Brebes No No Dukuhwidara Kec.

Pabedilan

Kab. Cirebon

No No

Kalibuntu Kec.

Pabedilan

Kab. Cirebon

No No

3 CS-7 Riverbank protection

0.89 Andamui Kec.

Ciwaru

Kab.

Kuningan Yes No

4 CS-9 Riverbank protection

3.24 Cibingbin Kec.

Cibingbin

Kab.

Kuningan No No

TOTAL 5.64

Source: TRTA Consultants.

3 The CimanCis river basin territory is in West Java province, where Cirebon City is located. The Seluna river basin territory is in Central Java province, adjacent to Semarang City.

4 The North Java Coast is a strategic corridor with (i) a population of 63.2 million in 2020 - a third of the Java island population – which is projected to reach 97.2 million by 2045; and (ii) more than 20% of the national gross domestic product. National Statistic Agency 2010-2022. BAPPENAS. 2020. National Medium Development Plan 2020-2024.

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4. The Cisanggarung FRM subproject is located in 12 villages, seven subdistricts, and three districts, namely Kuningan, Brebes, and Cirebon. The number of the subproject villages, and subdistricts in each district is presented in the table below.

Table 2: Number of Village, Sub District and District of sub project location

No District Number of Subdistricts Number of Villages

1 Kuningan 4 4

2 Brebes 1 5

3 Cirebon 2 3

Total 7 12

5. Figure 1 below shows the map of the subproject location.

Figure 1: Map of the Subproject Component Location

6. Screening for Involuntary Resettlement (IR) and Indigenous People (IP).This subproject is category B for IR since it causes no physical displacement and has significant impact on less than 200 affected people. The subproject area is not located in an area with IP communities, so the subproject is categorized as C for IP and IP safeguards are not triggered.

7. Table 3 below lists the IP communities who live closest to the subproject area and their distance between their locations and the nearest subproject area. From the table, it is confirmed that the subproject components are not located in the IP communities’ areas.

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Table 3. Identification of Indigenous People in Kuningan, Cirebon, and Brebes

No District Indigenous People Location from Subproject Area 1 Kuningan Masyarakat Adat Karuhun Urang (AKUR)

Sunda Wiwitan, Cigugur Village, Cigugur Subdistrict

23 km from the nearest subproject area

2 Cirebon Kampung Adat Keputihan, Kertasari Village, Weru Subdistrict

3 Brebes Jalawastu Ciseureuh Village,

Ketanggungan Subdistrict, registered by Ministry of Education and Culture regarding intangible cultural heritage No.2016006701/2016

8. Alignment with the Spatial Plan. The subproject is in line with the spatial plans of Kuningan, Cirebon, and Brebes districts. The letters confirming of the conformity of the subproject with the spatial plans of the three districts are attached in in Appendices 11, 12 and 13. Table 4 below summarizes the conformity of the subproject with the spatial plans of the subproject districts.

Table 4: The Conformity with the Spatial Plan

District Spatial Plan Conformity of the Subproject with Spatial Planning Documents

Spatial Planning Document of Kuningan District (District Regulation No. 26/2011 concerning Spatial Planning of Kuningan District)

Article (30) stated that Cisanggarung River is a limited protection area and river basin zone area (article 65) which is only for strengthening the river function, such as flood control and prevention, water purification, transformation of organic matter and other materials, etc.

Spatial Planning Document of Cirebon District (District Regulation

No. 8/2012 concerning Spatial Planning of Cirebon District)

Article (33) stated that Cisanggarung River is a National Strategic River Basin for raw water network, infrastructure for clean water, and control system for water damage.

Spatial Planning Document of Brebes District (District Regulation

No. 2/2011 concerning Spatial Planning of Brebes District)

Article (38) stated that Cisanggarung River Basin is a protected area which is also part of estuary river for river ecosystem protection.

9. The Land Acquisition and Resettlement Plan (LARP) has been prepared in compliance with the national laws and regulations and Safeguard Policy Statement (SPS, 2009) of Asian Development Bank to identify the potential economically and/or physically displaced due to the land requirement for the subproject components and to compensate them for their losses and assist them to enhance or at least to restore the livelihoods of all displaced persons in real terms relative to the pre-project levels and to improve standards of living of the displaced poor and other vulnerable groups. The LARP provides the policy principles, procedures, and plans to mitigate the impacts, and ensure that the affected or displaced persons are informed about the subproject and impacts, the land acquisition and resettlement options and alternatives, the entitlements for compensation and assistance, and schedule of various activities related to LARP updating and implementation, and monitoring and reporting. The LARP will be updated following the final detailed engineering design (DED) and the results of Detailed Measurement Survey (DMS) on affected lands, and non-land assets, Replacement Cost Survey (RCS) and additional consultations with the affected persons (APs) and concerned agencies. The principles and entitlements of the LARP will not be lowered when the LARP is updated or finalized.

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10. Efforts have been made to minimize the land acquisition and resettlement impacts and the following measures have been undertaken to minimize the impacts.

(i) Use the existing alignment to minimize the land clearing in the riverbank;

(ii) Adjustment of the alignment wherever possible to avoid or minimize the impact by reducing the land area affected by the subproject;

(iii) Identify and use as much as possible the public land for the disposal areas, instead of purchasing or acquiring land from local people. The subproject received many requests from the landowners to dispose of the dredged soil to their lands; and (iv) Maximize the project design to avoid and minimize the impact on houses and to

minimize the physical relocation of the APs.

II. SCOPE OF LAND ACQUISITION AND RESETTLEMENT

11. IOL Methodology. The inventory of losses (IOL) was carried out on all affected lands and other assets located within the designated alignment of the subproject components. The IOL objectives were to identify (i) the affected entitled parties and the number of family members;

(ii) type, area, land tenure, current land use of affected lands; (iii) type, quantity of affected structures, building function; (iv) affected crops and trees, or other objects associated with the affected land; (v) affected business (business owners, employees, affected income); (vi) severity of impacts on livelihood and potential physical displacement; (vii) vulnerability of AHs; and (viii) number and category of other losses (public assets, restriction on land use or access to public facilities, etc.)

12. The IOL for the affected lands and non-land assets was firstly conducted in January–

March 2021. Flood in Andamui village in January 2022 occurred due to the existing damaged riverbank of Cisanggarung River in Andamui Village. Therefore, riverbank protection in Andamui Village (CS7) was proposed to be included among the subproject components in July 2022. For this reason, additional IOL was conducted in July–August 2022 to identify additional impacts on land and assets upon the land caused by the additional subproject component.

13. The IOL activities were conducted in close consultation with the ADB social safeguard specialist and in agreement with the RBO and the local authority (head of village). The head of village involvement increased the willingness and participation of the APs in the IOL activities. All of the affected households (AHs) participated in the IOL.

14. Impacts on land. The subproject requires land acquisition of an area of 56,354.55 m² or 5.63 Ha comprising 47,490.33 m² of state land and 8,864.22 m² of private land owned by 16 AHs/67 APs (Table 5). All the affected private land parcels are agricultural land.

Table 5. Owners and Size of Affected land

Land Ownership Size (M²)

State land 47,490.33

Private land owned by AHs 8,864.22

Total 56,354.55

15. The affected privately owned land is in Andamui Village, Ciwaru Subdistrict, Kuningan District. The land to be acquired is for CS-7 component (i.e., construction for riverbank protection).

The evidence for the state land managed by the RBO is the land boundary pegs installed by the RBO, which was confirmed by village offices and communities around the river embankment.

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16. Legal status of land ownership. Table 6 shows that all the 16 AHs (67 APs) have legal certificates of land ownership for the 17 parcels of affected private land.

Table 6. Legal Status of Affected Private Land

No Name of AHs Head Parcel Legal Status

1 Asia 1 Legal certificate of land ownership

2 Eti 1 Legal certificate of land ownership

3 Tarmadi 2 Legal certificate of land ownership

4 Pamuji 1 Legal certificate of land ownership

5 Dadan 1 Legal certificate of land ownership

6 Maman 1 Legal certificate of land ownership

7 Casri 1 Legal certificate of land ownership

8 Dasinta 1 Legal certificate of land ownership

9 Hayati 1 Legal certificate of land ownership

10 Nunung R 1 Legal certificate of land ownership

1 Legal certificate of land ownership

11 Salima 1 Legal certificate of land ownership

12 Somadi 1 Legal certificate of land ownership

13 Tati 1 Legal certificate of land ownership

14 Hj. Iti 1 Legal certificate of land ownership

15 Dadang Sutarjo 1 Legal certificate of land ownership

16 H.Tarsim 1 Legal certificate of land ownership

17 Source: IOL Results, 2022.

17. Impact on Structure. One non-permanent structure with an area of 10 m² made of bamboo will be affected. The structure is owned by one AH/four APs in Andamui Village. The structure is not the main house of the household, and is used as a resting place of farmers.

Therefore, no physical displacement of AHs is required due to land acquisition for the subproject.

18. Impacts on Crops and Trees. The IOL team identified two AHs are with loss of crops with the team identified two AH with crop losses with an area of 1,151.77 m². The 733 affected trees include 261 sengon trees, 286 bamboo trees, 55 teak trees, 111 banana trees, and 20 coconut trees.

19. Vulnerable AHs. According to the SES results, one out of the 16 AHs is one female- headed household (five APs) – the household is categorized as a vulnerable AH. There is no AH living below the poverty line (according to Statistic Office 2021 of Kuningan District, the poverty line is IDR 340,775/person/month). In addition, none of the AHs are elderly-headed households (refers to Law No. 13/1998, the minimum age of elderly is 60 years old), disability-headed households, Indigenous People, nor people without legal title to land.

20. Severely Affected Households. All the 16 AHs (67 APs) will be severely affected as they will lose 10% or more of their total productive landholding of the household. Among the 16 AHs, 2 AHs will lose their entire productive land. During the interviews with the AHs, the 16 AHs confirmed that they have no other parcels of productive land outside the subproject area apart from those to be acquired for the subproject components. The IOL results indicated that no AHs will be physically displaced from housing/business due to land acquisition for the subproject components.

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Table 7: Impact Severity

Impact Severity No. of Land Parcels No. of AHs

< 10% 0 0

> 10% 15 14

100% 2 2

Source: IOL Results, 2022.

21. Potential impacts during construction (after area clearing). Any temporary impacts on land or non-land assets owned by households and local community during construction is the responsibility of the contractor. If cash payment is needed to compensate the impact, then it should be at full replacement cost. As per the entitlement matrix, any new AHs/APs identified during construction shall be entitled to the same or upgraded entitlements as those of the APs in this LARP. Currently potential impacts during construction have not been identified. However, the impacts are likely to occur on the plants/crops on the riverbanks which are near the dredging sites or near the temporary dumping site for the dredged land, or assets which are passed by the project vehicles traffic.

22. Table 8 summarizes the impacts of land acquisition due to the proposed subproject components as follows:

Table 8: Summary of Impacts

Items Units Number

Location

Village - 12

Subdistrict - 7

District - 3

Total Affected Land m² 56,354.55

ha 5.64

Village's Land, and other government institution m² 0

Private Land m² 8,864.22

State land with no IR impacts 47,490.33

Land Parcel Division Unit 21

Private Land Unit 17

State land Unit 4

Number of Affected Households (AHs) - 16

Number of Affected Persons (APs) - 67

Legal landowners AHs 16

APs 67

Informal users AHs 0

APs 0

Number of Structures structure

1 (a resting place with non-

permanent structure)

Number of Public Facilities Unit 0

Number of Trees Trees 733

Crop Area m² 1,115.77

ha 0.12

Number of Business or Enterprise Losses - 0

Number of Vulnerable AH

- Female-headed household: 1 AH/5 APs - Poor HH: None

- Elderly headed households : None.

- Non-land right holders: None - Landless households: None - Indigenous People: None

AHs 1

APs 5

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Items Units Number Number of Severely AHs/APs

- Households losing 10% or more of total income- generating assets or income: 16 AHs, 67 APs.

- Relocated households: None

AHs 16

APs 67

Source: IOL Results, 2022.

III. SOCIOECONOMIC INFORMATION AND PROFILE A. Methodology

23. The socioeconomic information of the subproject districts, namely Kuningan, Brebes, and Cirebon districts was gathered from the secondary data of local government of the districts (Kuningan in Figures 2022, Brebes in Figures 2022, and Cirebon in Figures 2022) while one-on- one interviews with all the 16 AHs were carried out by Social Safeguards Team of the PPC. The interviews were conducted in January–March 2021 and in July–August 2022 as additional AHs were identified due to the new component included in the proposed subproject. The information which was obtained during the interviews with the AHs includes:

(i) Demographic conditions (gender, age, education level, and health);

(ii) Household economic conditions (income level, type of livelihood, etc.);

(iii) The quality of the socio-economic life of the community.

(iv) Perception of the subproject.

(v) Ethnicity, religious groups.

(vi) Ownership of durable goods.

(vii) Expenditure.

(viii) Access to public services (healthcare, water supply and sanitation, education, transport, etc.).

(ix) Gender roles and issues; and

(x) Preferences on compensation, assistance, an resettlement.

24. The socioeconomic information obtained from the interviews with the AHs is used to establish the baseline information on household income, livelihood patterns, standards of living and productive capacity, which enables the project to design appropriate rehabilitation measures and to enlist the participation of the people to be affected the subproject. The data was processed, analyzed and disaggregated by gender to identify patterns and trends in the socioeconomic characteristics of the APs.

B. Socio-economic Profiles of Subproject Districts 1. Kuningan District

25. Kuningan District has a longitude 108°23–108°47 East Longitude and a latitude of 6°47–

7°12 South. Kuningan District has 32 subdistricts and 375 villages, which is divided into 15 villages in the urban area and 360 villages in the rural area.

26. The total area of Kuningan District is 119,409.31 ha. The largest subdistrict is Cibingbin which covers an area of approximately 6,972 ha. The smallest subdistrict is Sindangagung which covers an area of 1,300.91 hectares.

27. Administratively, the borders of Kuningan District are as follows:

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(i) North side : Cirebon District

(ii) East : Brebes District (Central Java)

(iii) South : Ciamis District and Cilacap District (Central Java) (iv) West side : Majalengka District

28. The population of Kuningan District in 2021 was 1,183,740 people with 584,016 of female population and 599,724 males population. The district has the population density of 989 people/km². Most of the population in Kuningan District are farmers (cultivators and farm laborers), while others work as traders, civil servants, TNI, policemen, and entrepreneurs.

2. Brebes District

29. Brebes is located in the coastal area of Java Sea. Administratively, Brebes is a part of Central Java Province with a total area of 176,346.27 Ha and comprises 17 subdistricts and 297 villages. According to BPS Brebes District in Figures 2022, Brebes population was 1,878,759 with 990,770 males population and 887,989 female population. The population density was 1,076 people/km².

30. The major economic sectors in Brebes are: (i) agricultural, forestry and fishery (36.66%);

(ii) manufacturing (14.8%); (iii) whole sale and retail trade (13.5%); (iv) accommodation and food service (5.1%); (v) mining and quarrying (2.3%); and (vi) construction, transportation, and communication sector (27.1%).

3. Cirebon District

31. Cirebon District is in the eastern part of West Java Province and plays a role as the gateway to Central Java Province. Cirebon District is one of the rice-producing areas in the North Java. Cirebon District consists of 40 subdistricts, 12 villages in the urban area, and 412 villages in the rural area.

32. Cirebon District has a longitude of 108°40'–108°48' East and a latitude of 6°30'–7°00' South. The borders of Cirebon District are:

(i) North side : Indramayu District, Cirebon City and the Java Sea (ii) South side : Kuningan District

(iii) West side : Majalengka District

(iv) East side : Brebes District (Central Java Province)

33. The population of Cirebon District in 2020 was 2,189,785 including 1,108,513 male population (50.62%) and 1,081,272 female population (49.38%). The largest population is in Sumber Subdistrict (90,891 people or 4.15% of the total population) and the smallest is in Paseleman Subdistrict (26,886 people or 1.23% of the total population).

34. Cirebon District has an area of 990.36 km² with a population density of 2,184 people/km². Most population work as farmers (cultivators and farm laborers) and others work as civil servants, TNI, police, and traders/entrepreneurs.

C. Socio-economic Profiles of Affected People

35. All the 16 AHs were interviewed during the LARP preparation. The 16 respondents consist of ten men and six women. Eleven respondents are the head of AHs, and the other five respondents are family members of the AHs. The data which was obtained from the interviews

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with the AHs was summarized, analyzed, disaggregated by gender, and presented in the following paragraphs.

36. Age. All the respondents are working age population. None of the respondents are the elderly. A half of the respondents (5 males and 3 females) are aged from 41–50 years old. The age distribution of the respondents are presented in detail in Table 9 below.

Table 9: Age Distribution of Respondents

Gender Age Number Percentage (%)

Male

31–40 years old 2 20%

41–50 years old 5 50%

51–59 years old 3 30%

Total 10 100%

31–40 years old 2 33%

Female

41–50 years old 3 50%

51–59 years old 1 17%

Total 6 100%

Source: Interview Results, 2022.

37. The average age of the AH heads is 45.6 years old.

Table 10: Age of Affected Household Heads

No Name of AHs Head Gender Number of APs Age (years old)

1 Asia/Asep M 4 43

2 Eti/Arya F 3 39

3 Tarmadi M 4 46

4 Pamuji M 5 44

5 Dadan M 4 52

6 Maman M 3 42

7 Casri M 4 44

8 Dasinta M 4 38

9 Hayati/mamat F 5 48

10 Nunung R/Wirya F 4 39

11 Salima/tata F 5 51

12 Somadi M 3 43

13 Tati/dulah F 5 50

14 Hj. Iti F 5 53

15 Dadang Sutarjo M 4 46

16 H.Tarsim M 5 53

Total / Average Age: 67 45.6 Years Old

38. Table 11 below shows the age distribution of APs.

Table 11: Age Distribution of APs

Age (years old) No. of APs

Total (Person) Male (Person) Female (Person)

<17 8 6 14

≥17–22 10 6 16

>22–27 0 0 0

>27–33 0 0 0

>33–38 2 4 6

>38–43 5 4 9

>43–48 7 5 12

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Age (years old) No. of APs

Total (Person) Male (Person) Female (Person)

>48–53 5 5 10

>53 0 0 0

Total 37 30 67

39. Education. Nine respondents (6 males and 3 females) graduated from junior high school and five respondents (3 males and 2 females) graduated from the high school. Two respondents completed the primary education. None of the respondents have the bachelor’s degrees. The education level of the respondents disaggregated by gender is presented in Table 12.

Table 12: Education Level of Respondents

Gender Education Level Number Percentage (%)

Male

Graduate from elementary/Islamic elementary school/equivalent

1 10%

Graduate from junior high/Islamic junior high school/equivalent

6 60%

Graduate from high/Islamic high school/equivalent 3 30%

Graduate with Diploma/Bachelor Degree 0 0%

Total 10 100%

Female

Graduate from elementary/Islamic elementary school/equivalent

1 17%

Graduate from junior high/Islamic junior high school/equivalent

3 50%

Graduate from high/Islamic high school/equivalent 2 33%

Graduate with Diploma/Bachelor Degree 0 0%

Total 6 100%

40. Nine heads of AHs (including 8 males and one female) graduated from senior high school, five persons (32%) completed junior high school, and two persons (12%) graduated from elementary school. No heads of the AHs hold a bachelor’s degree from an university or college.

Education level of each household head is described in the following table.

Table 13: Education Level of Affected Household Heads

No Name of AH heads Gender No. of

APs Age Education Level

1 Asia/Asep M 4 43 Senior High School

2 Eti/Arya F 3 39 Junior High School

3 Tarmadi M 4 46 Senior High School

4 Pamuji M 5 44 Senior High School

5 Dadan M 4 52 Senior High School

6 Maman M 3 42 Junior High School

7 Casri M 4 44 Elementary school

8 Dasinta M 4 38 Junior High School