Resettlement Plan
September 2018
Indonesia: Neighborhood Upgrading and Shelter
Project – Phase 2
Prepared by the City of Bima and Directorate General of Human Settlements, Ministry of Public Works and Housing for the Asian Development Bank.
CURRENCY EQUIVALENTS (as of 10 September 2018)
Currency unit – rupiah (Rp)
Rp1.00 = $0.0000672 $1.00 = Rp14,875
ABBREVIATIONS
ADB – Asian Development Bank APBD – Anggaran Pendapatan and Belanja Daerah (Regional
Budget Income and Expenditure) DGHS – Directorate of Human Settlements
NOTE
(i) The fiscal year (FY) of the Government of Indonesia and its agencies ends on 31 December. “FY” before a calendar year denotes the year in which the fiscal year ends, e.g., FY2011 ends on 31 December 2011.
(ii) In this report, "$" refers to US dollars. This 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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TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................................... i
LIST OF TABLE .......................................................................................................................... ii
LIST OF FIGURE ....................................................................................................................... iii
LIST OF APPENDIX .................................................................................................................. iv
ABBREVIATION ......................................................................................................................... v
CHAPTER I. INTRODUCTION ............................................................................................... 6
1.1. Background.................................................................................................................. 6
1.2. Overview of the NSD of Bima ...................................................................................... 6
CHAPTER II. SCOPE OF LAND PROVISION ........................................................................10
2.1. Land Compliance ........................................................................................................10
2.2. Land Status and Existing Condition ............................................................................10
2.3. Legal Aspect of Land Provision ...................................................................................11
CHAPTER III. DISSEMINATION, PUBLIC CONSULTATION, AND GRIEVANCE HANDLING
MECHANISM .........................................................................................................................14
3.1. Dissemination .............................................................................................................14
3.2. Consultation ................................................................................................................14
3.3. Grievance redress mechanism ...................................................................................15
CHAPTER IV. THE POLICY OF LAND PROVISION ...............................................................17
4.1. ADB’s Safeguard Policy Statement .............................................................................17
4.2. The GOI Policy ...........................................................................................................17
4.3. The Principles of Land Provision Policy ......................................................................18
CHAPTER V. INSTITUTIONAL ARRANGEMENT ..................................................................20
CHAPTER VI. MONITORING AND EVALUATION ..................................................................21
CHAPTER VII. CONCLUSIONS AND CORRECTIVE ACTIONS ..............................................22
7.1. Conclusions ................................................................................................................22
7.2. Corrective Actions .......................................................................................................22
APPENDIX .........................................................................................................................24
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LIST OF TABLE
Table 1. Comparison on Livelihood Aspect ................................................................................ 9
Table 2. Roles and Responsibility of Institution .........................................................................20
Table 3. Corrective Action for Affected Structure (cage buildings on holding gorund) ...............22
Table 4. Time Schedule of Holding Ground Construction ..........................................................23
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LIST OF FIGURE
Figure 1. Delineation Map of NSD Jatiwangi ................................................................................ 7
Figure 2. NSD Orientation Map in Jatiwangi, Bima City ................................................................ 8
Figure 3. Existing site condition of the NSD Jatiwangi ................................................................ 11
Figure 4. Condition of the holding ground and dilapidated cage buildings .................................. 12
Figure 5. Aerial View and Map of the Puskeswan with the planned replacement holding ground 13
Figure 6. Dissemination on NSD Plan ........................................................................................ 14
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LIST OF APPENDIX
Appendix 1. Letter of Bima Mayor regarding Request for Land Grant by Local Government of
Bima City ............................................................................................................... 25
Appendix 2. Letter from Head of Bima District regarding Request on Land Asset Transfer ........ 26
Appendix 3. Letter of Bima Mayor regarding Request for Additional Land Grant ........................ 27
Appendix 4. Letter of Head of Bima District regarding Approval on Total Land Acquistion ......... 28
Appendix 5. Letter of Bima Mayor to the Head of Bima District regarding the replacement land for
the Holding Ground and Animal Quarantine .......................................................... 29
Appendix 6. Statement of Land Property Release ...................................................................... 30
Appendix 7. Notes of Dissemination about New Site Development Plan .................................... 33
Appendix 8. List of Attendees of Dissemination about New Site Development Plan ................... 34
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ABBREVIATION
ADB : Asian Development Bank APBD : Anggaran Pembangunan dan Belanja Daerah (local government budget) Bappeda : Badan Perencanaan Pembangunan Daerah (Development Planning Agency at
provincial level) BKM : Badan Keswadayaan Masyarakat (Community Implementing Organization) BLH : Badan Lingkungan Hidup (Environmental Agency at local level) BPN : Badan Pertanahan Nasional (National Land Authority) CA : Community Advisor CC : City Coordinator CDD : Community Driven Development DGHP : Directorate General of Housing Provision DGHS : Directorate General of Human Settlements DPRD : Dewan Perwakilan Rakyat Daerah (local parliament) GRC : Grievance Redress Committee GRM : Grievance Redress Mechanism LCO : Local Coordinating Office MBR : Masyarakat Berpenghasilan Rendah (Low Income Communities) NGOs : Non Government Organizations LIC : Low Income Development NUSP-2 : Neighborhood Upgrading Shelter Project-2 NMC : National Management Consultant PMU : Project Management Unit PPK : Pejabat Pembuat Komitmen (project manager) RMC : Regional Management Consultant RTRW : Rencana Tata Ruang dan Wilayah (Spatial Plan) SATKER : Satuan Kerja/Project Implementing Unit
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CHAPTER I. INTRODUCTION
1.1. Background
1. The Government of Indonesia has implemented several programs to achieve zero
slums. One of the programs is the Neighborhood Upgrading Shelter Project (NUSP-2).
The NUSP-2 is a slum upgrading program which undertaken through partnerships
between local governments, local communities and private sector to ensure the
implementation of sustainable, independent and pro poor urban housing and
settlements development.
2. NUSP-2 is funded by Asian Development Bank (ADB) through Loan Agreement 3122-
INO. The implementation of NUSP-2 focuses on three components: (i) Capacity
building for officials and governments to manage pro-poor society development; (ii)
quality improvement for infrastructure in slums; and (iii) new site developments (NSD).
3. The NSD is implemented in 4 cities/regencies i.e. Palopo City, Kendari City, Kapuas
District and Bima City. The implementation of NSD is carried out through collaboration
between Local and Central Governments. The Local Government will facilitate a clear
and clean of minimum two hectares piece of land and the construction of public and
social facilities. Moreover, the Central Government through Directorate General of
Housing Provision (DGHP) will facilitate the construction of housing units, and
Directorate General of Human Settlements (DGHS) through the NUSP-2 program will
facilitate the basic infrastructure.
1.2. Overview of the NSD of Bima
4. In Bima City, the 3.91 Ha land designated for the NSD (NSD Jatiwangi) was originally
owned by the Provincial Government of West Nusa Tenggara. This land asset was
transferred to The Local Government of Bima District. The land formerly was the
Animal Quarantine Center of the Provincial Government of West Nusa Tenggara.
Through collaboration process between the Local Government of Bima District and
Bima City, the NSD site was handed over on June 2017 from Bima District to Bima
City.
5. The local government of Bima City has acquired 3.91 hectares of land for NSD location
in Kelurahan (neighborhood) of Jatiwangi for resettlement of the relocated low income
communities (MBR) from several kelurahans in Bima City. The Kelurahan Jatiwangi for
the NSD is administratively located in the Asakota Sub-district. It covers approximately
17.25 square kilometers area which consists of 9 neighborhood clusters (RW) and 32
neighborhood units (RT) with the total population of 9,873 people and 2,800
households, including 1,085 poor households (NUAP, 2016). Geographically,
Kelurahan Jatiwangi is located at 8026’59,899” - 8026’34,994” South Latitude and 118045’2,18” - 1180 44’23,928” East Longitude (see Figure 1 and Figure 2) with the
administrative boundaries as follows:
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North : Kelurahan Kolo;
South : Kelurahan Na’E and Santi;
East : Kelurahan Jati Baru and Metakando;
West : Kelurahan Melayu and Sarae
6. Geographically, the location of Jatiwangi NSD is an empty land on a type of savannah
with some shrubs (see Figure 1). There is no community living on or closely around it.
Hence, the potential of social conflict with the host community around Jatiwangi NSD is
minimum.
Figure 1. Delineation Map of NSD Jatiwangi
Existing Animal Quarantine Buildings Allocated Land Border
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Figure 2. NSD Orientation Map in Jatiwangi, Bima City
7. Based on Mayor’s decree on the Determination of Slum Neighborhoods in Bima City No. 371 of 2016, there are 17 kelurahans in 4 sub-districts as much as ±147.39 Ha that
are categorized as slums (both legal and illegal/squatter). Since the priority
beneficiaries of NSD are low income community who live in squatter areas, the
selected targeted kelurahan is in 5 kelurahans (Dara, Jatiwangi, Melayu, Paruga,
Tanjung) as kelurahans with the largest squatter area in Bima City. Total households in
those 5 kelurahans are 5,532 HH in which 218 HH to be relocated to NSD area, while
the other 5,314 HH (who are not included as NSD beneficiaries) to be facilitated with
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development program of 1200 simple detached-houses (type: 36 m2) per year in
Kelurahan Jatiwangi by the Disaster Mitigation Agency (BNPB).
8. Livelihood. Based on a field survey and analysis, average income of beneficiaries
living in slum area is IDR 761,050/household/month, while their average expenses are
IDR 598,000/household/month, covering electricity, water service, transportation and
health costs. The relative high cost of water supply is caused by the electricity expense
for water pumping as a consequence of inadequate water supply network. For health
aspect, due to the bad sanitation system and poor condition in slum area,
approximately the beneficiaries go to the health facilities twice a month. The high
expenses for transportation is due to lack of public transportation going back and forth
to their location. After relocation to the NSD location, this expenses of providing basic
services per household will decrease to IDR 332,000/month, since the NSD will be
completed with adequate infrastructure, as shown in Table 1 below.
Table 1. Comparison on Livelihood Aspect
Slums of Dara, Jatiwangi, Melayu, Paruga, and Tanjung NSD Jatiwangi
Average Expenses
IDR 598,000 per month IDR 332,000 per month
Electricity fee Water services Transportation Health
: IDR 98,000 : IDR 70,000 : IDR 312,000 : IDR 118,000
Electricity fee Water services Transportation Health
: IDR 98,000 : IDR 30,000 : IDR 156.000 : IDR 48,000
Source: Analysis Result by Sub-Monev for NSD (RMC East) 2018
9. Livelihood is the essential aspect that must be considered by Local Government when
beneficiaries moved to NSD site. Besides providing with basic infrastructure and giving
the subsidies on rental rates, Local Government of Bima City also planning other
facilities and supports for NSD beneficiaries during FY 2018 - 2019 , as follows:
a. Additional transport routes to NSD site (Angkutan Desa) in FY 2019.
b. Development of traditional market/kiosk in second semester of FY 2019.
c. Easy access for education in late FY 2018.
d. Development of PAUD/Multipurpose building in FY 2019.
e. Musholla in FY 2019.
10. The expected positive impacts of the Jatiwangi NSD of Bima City will include:
(i) The provision of adequate housing for two hundred and eighteen (218) low-income
households in 5 Kelurahans, namely Jatiwangi, Melayu, Dara, Tanjung, and
Paruga.
(ii) The collaborative implementation among the Local Government of Bima City, the
Directorate General of Human Settlements and the Directorate General of Housing
Provision, the Ministry of Public Works and Housing in provision of housing and
basic infrastructures;
(iii) Establishment of Jatiwangi NSD management board; and
(iv) Reduction of 1.30 hectares slum areas through resettlement approach (NSD) in
Bima City.
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CHAPTER II. SCOPE OF LAND PROVISION
2.1. Land Compliance
11. The 3.91 hectares of land in Jatiwangi designated for NSD location is considered
comply with the project, considering the requirements as follow:
(i) The land covers minimum of two hectares in a single plot of land with a ratio of
60% proportion for housing units and 40% for basic infrastructures;
(ii) The land is owned by the local government and ready to be developed, and
supported by an approval letter of the local parliament (DPRD) and a letter of the
Mayor of Bima guarantying that the land status is clear from any dispute (clear and
clean);
(iii) The appointed land is also in accordance with the Bima Spatial Plan (RTRW) and
the Detailed Spatial Plan of Asakota Sub-district as it is a vacant lot that can be
designated as residential area; and
(iv) The land can be developed with integrated urban infrastructure services, such as
electricity, water, road, drainage, sewerage networks, and connected with the
urban transportation system.
2.2. Land Status and Existing Condition
12. The land designated as Jatiwangi NSD is located in Kelurahan Jatiwangi of Asakota
Sub-district in Bima City, which covers approximately 3.91 hectares of relatively flat
terrain. The selected location is covered with grass and scattered vegetation (Figure
3). The land is connected with a local secondary road accessible by vehicles, and will
be supported by public transportation as well.
13. This land was originally owned by the District Government of Bima. Through
collaboration process between the local government of Bima District and Bima City, the
site location of Jatiwangi NSD was handed over in June 2017 as verified by the letter
from Head of Bima District No. 459/256/03.8/2017 (dated 19 September 2017) stated
approval of land asset grant. Previously, prior to Bima District’s ownership, this land was owned by the Provincial Government of Nusa Tenggara Barat. The transfer of
ownership from the Provincial Government to the District Government of Bima
happened in 2000.
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Figure 3. Existing site condition of the NSD Jatiwangi
2.3. Legal Aspect of Land Provision
14. As the designated land had been handed over by the District Government of Bima to
the City Government of Bima in 2017, the land provision did not involve any purchasing
and any relocation. Therefore, a resettlement plan is not required. The legality status of
the land is provided through the following chronology:
(i) The City Government of Bima requested to acquire from the government of Bima
District a 3.7 Ha land for NSD location as shown in the Mayor’s Letter of Bima City
No. 600/217/IV/2017 (dated 10 April 2017) addressed to Head of Bima District
requesting for Land Grant. (Appendix 1).
(ii) The Head of Bima District responded the request by seeking approval to the local
parliament as shown in the letter of Head of Bima District No. 029/191/03.8/2017
(dated 2 June 2017) addressed to Local Parliament requesting for approval to
transfer the land asset to the City Government of Bima. (Appendix 2).
(iii) The local government (Bima City) then requested additional land to make total
3.91 Ha for NSD as shown in the letter No. 031/571/IX/2017 (dated 18 September
2017) Request for additional land acquisition to the Head of Bima District.
(Appendix 3)
(iv) The government of Bima District granted total 3.91 Ha land as verified by the letter
from Head of Bima District No. 459/256/03.8/2017 (dated 19 September 2017)
stated approval of land asset grant. (Appendix 4)
(v) Based on that letter, the land asset for Jatiwangi NSD has been transferred
officially from the government of Bima District to the Bima City. And the land title
certificate for Bima City's ownership is now being processed at the National Land
Agency (BPN, Badan Pertanahan Nasional) to be issued expectedly by early 2019.
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The existing land title certificate of Jatiwangi NSD still shows previous ownership
by the government of Bima District.
15. Previously, small area of the NSD site was designated as the animal quarantine or
holding ground, consist of 4 (four) block of buildings. These facilities is own by Bima
City after asset handover from Bima District to Bima City in 2017, and administered by
Agricultural Quarantine Station Class I Sumbawa Besar (Stasiun Karantina Pertanian
Kelas I Sumbawa Besar). These facilities were built in 2006 consist of 4 buildings
functioned as animal quarantine or holding ground. However, circa 2013 these facilities
had not been used anymore and been abandoned, thus there is no need to relocate
the livestock and no people would be affected. There are 4 dilapidated buildings (blue
blocks on the map in Figure 1 above, and in Figure 4 below) with dimension of 10
meters by 30 meters that could be considered as affected structure, and will be rebuilt
on a new location as corrective action and be explained in the Chapter VII.
Figure 4. Condition of the holding ground and dilapidated cage buildings
16. As stated by the Major of Bima City in the Letter no. 650/172a/V/2018 dated 31 May
2018 to the Head of Bima District (Appendix 5), the government of Bima City had
committed to relocate and rebuild new holding ground facility at the yard of the Animal
Health Center (Pusat/Pos Kesehatan Hewan or Puskeswan), and will be funded by the
local budget. The land of this Puskeswan with total area of 34.77 Are is owned by Bima
City through land acquisition from individual by purchasing (proved by the Statement
Letter of Land Property Released as seen on Appendix 5), located in So Poki
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Kelurahan of Jatiwangi, Asakota sub-district, about 3 kilometers away from Jatiwangi
NSD site. As this land has been owned by the Bima District since 2007 through land
acquistion, no complaint regarding land status was emerged from the surrounding
community (See Appendix 6). This Puskeswan was built in FY 2015 by the Agriculture
and Animal Husbandry Agency of Bima City (Dinas Pertanian dan Peternakan) on a
vacant land, secluded among farmland. Thus, there would not be potential affected
community around this facility. For the replacement for the holding ground facility, the
Bima City will build 4 cage buildings on the backyard of the Puskeswan with the same
dimension of 10 meters by 30 meters, as shown as yellow block in Figure 5 below.
Figure 5. Aerial View and Map of the Puskeswan with the planned replacement holding ground
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CHAPTER III. DISSEMINATION, PUBLIC CONSULTATION, AND GRIEVANCE HANDLING MECHANISM
3.1. Dissemination
17. In the process of land acquisition from community/individuals, along with grievance
handling mechanism for any affected people in development of NSD programs,
dissemination is required to involve representatives from local parliament (DPRD),
LCO, City Satker-PPK, BKM, land-owners, community leaders, and consultants. Since
the land status for NSD program in Bima City is owned by the local government and yet
not occupied, it will not cause effect to people in term of land acquisition. Therefore no
dissemination regarding land acquisition is required. However dissemination to raise
comprehension regarding NSD concept, objectives, target and mechanism was held
among the community.
18. A community meeting was held on 26 April 2018 at the meeting hall of Asakota Sub-
district office, attended by the Head of Asakota Sub-district, Satker PIP (Pembangunan
Infrastruktur Permukiman or Local Public Work and Spatial Planning Agency), Local
Housing and Settlement Agency and Construction Management Consultant. Three out
25 participants at this meeting were woman (Figure 6). The meeting was aimed for
disseminating information on the NSD plan. The discussion addresses these issues: 1)
house construction in Jatiwangi NSD; 2) construction duration of 180 calendar days;
and 3) type of houses to be constructed which are of 28/80 (28 m2 building on 80 m2
land). The minutes of this meeting is included in Appendix 6. The list of participants
attending this meeting is included in Appendix 7.
Figure 6. Dissemination on NSD Plan
3.2. Consultation
19. The consultation will be conducted after the dissemination to provide an opportunity for
the community living in surrounding neighborhoods to express their opinions,
questions, and/or feedbacks on the NSD in Kelurahan Jatiwangi. One of the agenda of
this consultation is to establish an agreement with owners of land adjacent to the NSD
location. The discussion will mainly focus on the land boundaries and the installation of
land boundary markers.
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3.3. Grievance redress mechanism
20. Grievance redress mechanism is used as an instrument to handle any complaints
and/or queries which emerge during land donation process and during construction
process of the NSD project. Any affected people/party will have the right to file
complaints. It is anticipated that all grievances related to benefits and other assistance
will be expected to be resolved at the subproject as the project upholds CDD
(community-driven development) as the overarching approach.
21. Since the land donation was undertaken by the government of Bima District to the
government of Bima City, the procedure for filing complaints and/or grievance during
land donation process will involve only among related institutions of which the local
coordinating organization (LCO) will be in charge.
22. The handling procedure by a grievance redress committee (GRC) on complaints of
related institutions is summarized as follows:
(i) The complaint will be filed to the LCO and a consultation meeting will be scheduled
inviting the related institutions.
(ii) A consultation meeting arranged by LCO will be held among the related
agencies/institutions to seek for an immediate solution when possible.
(iii) If the problem cannot be solved, the LCO will seek advice or recommendation from
higher hierarchycal institution (until the Governor’s level) for agreed solution among
the related institutions.
23. The procedure for filing complaints and/or grievance during construction is established
as follows:
(i) The complaint will be filed to the Badan Keswadayaan Masyarakat (BKM) or
Community Implementing Organization (CIO) members and local government at the
neighborhood level for an immediate solution when possible; and
(ii) If the problem cannot be solved, the BKM members and local government staff will
facilitate the APs (affected peoples) to submit their complaints to the Projects’s grievance redress committee (GRC) at the district level, and to the national level if
needed. Community advisor then will record the complaint and report it to the LCOs.
The project will dedicate a staff at city/district and national levels to be in charge of
handling and following up on AP’s complaints.
24. The handling procedure by GRC on complaints and/or grievance is as follows:
(i) The members of the GRC should involve the representatives of vulnerable affected
people (i.e. affected women, poor and minority groups) and other affected people
along with relevant government officials who have functional and legal authority. The
committee will then review grievances involving all land acquisition benefits or
issues, except for disputes related to ownership.
(ii) Grievances will be redressed within 2 to 4 weeks from the date of filing the
complaints at the district level and within 8 weeks at the national levels. If no
consensus can be reached, the dispute resolution will refer to the grievance
mechanisms based on Law No. 2/2012 on Land Acquisition for the Development of
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Public Interest and Presidential Regulation No. 71/2012 on the Implementation of
Land Acquisition for the Development of Public Interest.
(iii) A grievance redress mechanism has been set up to anticipate the development
process of NSD and land acquisition. To date there is no complaint raised by the
community and AHs (affected households) related to the NSD and land acquisition.
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CHAPTER IV. THE POLICY OF LAND PROVISION
25. The land provision for NSD should meet related policies established by ADB and
Government of Indonesia as mentioned below.
4.1. ADB’s Safeguard Policy Statement 26. The ADB’s Safeguard Policy on land provision stated as follows:
(i) avoid adverse impacts of the projects on the environment and affected people,
where possible;
(ii) minimize, mitigate, and/or compensate for adverse project impacts on the
environment and affected people when avoidance is not possible; and
(iii) help borrowers/clients to strengthen their safeguard systems and develop their
capacity to manage environmental and social risks.
27. Whereas, the principles of involuntary resettlement are as follows:
(i) involuntary resettlements must be avoided where feasible;
(ii) minimize involuntary resettlements by exploring project and design alternatives;
(iii) enhance the livelihoods of all displaced persons in real terms relative to pre-
project levels; and
(iv) improve the standards of living of the displaced poor or other vulnerable groups.
28. In terms of land donation, as set forth in the RF, the policy principle for land acquisition
and resettlement require that:
(i) No AP categorized as poor households or vulnerable households as identified
through social assessment are allowed to donate their land or other economic
assets for the project activity;
(ii) When the required land is voluntarily donated or acquired through other agreement
as decided by the community, detailed social and economic background and
project impact to the APs must be carefully recorded and reported;
(iii) All the required information must be provided in the LARP required as part of the
subproject document prepared by the community;
(iv) The prepared LARPs must be endorsed by the BKM/CIOs, neighborhood
apparatus and the LCO/Executing Agency (EA), approved by ADB, disclosed to
the APs and uploaded on ADB’s website; and
(v) Prior to endorsement to ADB, the neighborhood proposal LARP will be reviewed
by special committee accountable to ADB and the Government.
4.2. The GOI Policy
29. Aside from ADB’s Safeguard Policy Statement, the land provision is required to meet
the Government of Indonesia regulations including:
(i) Law No. 2/2012 on Land Acquisition for the Development of Public Interest
(Undang-Undang Nomor 02 Tahun 2012 Tentang Pembebasan lahan untuk
Pengembangan Kepentingan Umum);
(ii) Presidential Regulation No. 71/2012 on the Implementation of Land Acquisition for
the Development of Public Interest (Peraturan Presiden Nomor 71 tahun 2012
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Tentang Pelaksanaan Pembebasan Lahan untuk Pengembangan Kepentingan
Umum);
(iii) Regulation of Head of BPN No.5/2012 on Guidelines for Implementation of
Presidential Regulation No. 71/2012 (Peraturan Kepala BPN Nomor 05 tahun 2012
Tentang Pedoman Pelaksanaan Peraturan Presiden Nomor 71 Tahun 2012);
(iv) Regulation of the Minister of Finance No.13/PMK02/2013 (Peraturan Menteri
Keuangan Nomor 13/PMK02/2013); and
(v) Regulation of the Minister of Home Affairs No. 72/2012 on the Implementation
Guideline of Law No. 2/2012 (Peraturan Menteri Dalam Negeri Nomor 72/2012
Tentang Pedoman Pelaksanaan UU No. 2/2012).
4.3. The Principles of Land Provision Policy
30. The land provision for Jatiwangi NSD has followed the social safeguard principles set
forth in the Resettlement Framework (RF) which was prepared based on the ADB’s Safeguard Policy Statement and the GOI’s legal framework on land acquisition aforementioned. The relevant basic principles set forth in the Resettlement Framework
document (paragraph 29, point a, d, g and i) to be applied for the projects are as
follows:
a) Acquisition of land and other assets shall be avoided and minimized as much as
possible by exploring project and design alternatives and appropriate social,
economic, operational, and engineering solutions that have the least impact on
populations in the project area.
b) APs shall be fully consulted and informed on the project, their entitlement and
resettlement options. As well as the assistance measures. Ensure the APs
participation in planning, implementation, and monitoring and evaluation of
resettlements programs. Particular attention will be provided to the vulnerable
groups and ensure their participation in consultations.
c) There shall be an effective grievance redress mechanism to receive and facilitate
resolution of the affected persons’ concern during the preparation and implementation of LARPs.
d) Appropriate monitoring shall be carried out to assess land acquisition objectives
and their impacts on the standard of living of the APs. The M& E, mechanisms
shall be identified and set in place as part of the land acquisition management
system. Monitoring reports should be disclosed.
31. Referring to paragraph 30 above, the land donation process is consistent with the
Basic Principles and summarized as the following:
(i) The land donation has no impact on the population on the project area.
(ii) The required consultation meetings have been held among related institutions and
no vulnerable group was affected.
(iii) Grievance redress mechanisms for land donation have been established and
described in paragraph 20-24 aforementioned.
(iv) To assess the land acquisition objectives and impacts on the living standard of the
APs, appropriate monitoring will be carried out and described further in Chapter VI.
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Since the affected person is government institution, no living standard was
impacted. The monitoring activities will be reported in the social safeguard
monitoring report and disclosed to related institutions and other stakeholders.
32. Requirement for land donation set forth in RF Document paragraph 30 are as follows:
(i) Full consultations with the land owners and any non-titled displaced persons on
site selection;
(ii) Ensuring that voluntary donations do not severely affect the living standards of the
APs, and are linked directly to benefits for the APs, with community sanctioned
measures to replace any losses that are agreed to through verbal and written
record by the APs;
(iii) No any coercion to those who are opted for the contribution;
(iv) Any voluntary “donation” will be confirmed through verbal and written record and verified by an independent third party such as a designated non government
organization or legal authority;
(v) Having adequate grievance redress mechanism in place; and
(vi) Safeguards must be built into the community decision making process and
included in the project implementation guideline to be followed by project
consultants and facilitators and shared with the project community members.
33. Moreover based on RF Document paragraph 31, land donation by beneficiary
households is acceptable where:
(i) the impacts are marginal (based on percentage of loss and minimum size of
remaining assets);
(ii) impacts do not results in displacement of households or cause loss of household’s incomes and livelihood;
(iii) the households making land donations are direct beneficiaries of the project;
(iv) donated land is free from any dispute on ownership or any other issues;
(v) consultations with the affected households are conducted in a free and transparent
manner;
(vi) land transactions are supported by transfer of titles; and
(vii) proper documentation of consultation meetings, grievances, and action taken to
address such grievances is maintained.
34. The requirement in paragraph 32-33 above have been relevantly implemented in
Jatiwangi land acquisition. As the land for Jatiwangi NSD site is donated by the
government of Bima District to the government of Bima City, the parties potentially
affected were government institutions instead of community or people. The land
donation process, as to refer to paragraph 32, has been achieved through full
consultation meeting amongst the related institutions, without coercion and confirmed
through written documentation. A grievance redress mechanism was also established
for potential affected institutions.
35. This Due Diligence Report is prepared to describe the land donation implementation
process and follow up necessary corrective action to meet the social safeguards
principles.
20
CHAPTER V. INSTITUTIONAL ARRANGEMENT
36. The NSD program is carried out by government institutions at several levels including
the central government (Project Management Unit), Local Government of Bima City
(LCOs/City Satker-PPK) and the community supported with technical assistance of
consultants.
37. The roles and responsibilities of the abovemention government institutions presented in
Table 2 below.
Table 2. Roles and Responsibility of Institution
Institution Roles and Responsibilities
Central Ministry of Public Works & Housing (PMU)
• Coordinating, supervising and monitoring the implementation of NUSP-2 program including collaboration with the Government of Bima City through APBD in form of land provision and infrastructure development in the surrounding of NSD site.
• Ensuring the land provision document as compiled by LCOs/Satker-PPK
NMC Safeguard Specialist
• Assisting the Executing Agency (PMU) in overall coordination, supervision, monitoring and reporting regarding safeguard implementation and monitoring.
• Working closely with the government and other consultants in preparation of Due Diligence Report
• Working closely with the government and other consultants in implementation and monitoring the safeguard management plan.
Regional RMC Safeguard Specialist and Sub-monev
• Assisting the LCO in coordination, supervision, monitoring and reporting including safeguard implementation and monitoring in Bima City.
• Ensuring the safeguard management plan is implemented in Bima City.
• Ensuring all social safeguard documents are completed including Land Donation Statement and Social Safeguard Screening
• City LCOs,
• Coordinating, supervising and monitoring the land provision
• Providing the budget for land provision. • Preparing the reports on land provision. • In charge for Grievance Redress Mechanism among
related institutions. CityPPK-Satker • Undertake dissemination regarding NSD activity
• Implementing necessary corrective actions • Establish Grievance Redress Mechanism (GRM) to
address community complaints regarding NSD activity during construction.
Agency of Agriculture and Animal Husbandry of Bima City
• Implementing construction and supervision of replacement buildings for holding ground
Community/ UPTD (Unit
Pelaksana Teknis Daerah)
NSD Management Board
• Establishing NSD Community Forum • Executing the Operation and Maintenance
21
CHAPTER VI. MONITORING AND EVALUATION
38. Monitoring and evaluation will be done to ensure the objective of land provision
complies with the existing rules and the utilization of land for the NSD activity does not
adversely impact the social and economic of the surrounding community. In the event
of an adverse occurrence, certain corrective actions/ measures must be done in order
to address the anticipated impact. Monitoting and evaluation will be conducted by each
stakeholder with assistance of the consultant in the national level and regional levels.
39. In terms of rebuilding the affected structures as mentioned in the correspondency
between the government of Bima District and the government of Bima City (Appendix 3
and 4), the construction of holding ground at the new place will be monitored to ensure
its compliance with the safeguard principles stipulated in the Resettlement Framework.
40. The monitoring activities will be reported in the semi annual social safeguard
monitoring report and disclosed to related institutions and other stakeholders.
22
CHAPTER VII. CONCLUSIONS AND CORRECTIVE ACTIONS
7.1. Conclusions
41. The land provision for the NSD in Bima City was carried out through voluntary donation
(transfer of asset) from the Government of Bima District to Government of Bima City.
42. Upon the affected holding ground structure on the donated land, the government of
Bima City will build a replacement building at the land of Puskeswan. This construction
will be financed by the local budget (APBD) of Bima City in FY 2019 (still in the process
of budget submission and expected approval in December 2018).
43. The land provision for Bima NSD is comply with the principle of land acquisition/land
donation as provided in the Resettlement Framework.
44. The designation of the land for NSD activity is in accordance with spatial planning of
Bima City and meets the criteria determined by NUSP-2.
7.2. Corrective Actions
45. For the replacement for the holding ground facility, in FY 2019 the Bima City will build 4
new cage buildings on the backyard of the Puskeswan with the same dimension of 10
meters by 30 meters. Based on the planning document (DED and Budget Plan) the
estimated budget is IDR 600 millions. The estimated budget can be revised as needed.
The corrective action for the affected structure is summarized in the matrix Table 3
below:
Table 3. Corrective Action for Affected Structure (cage buildings on holding gorund) Affected Structure
Function Dimension
Activities Time frame Budget & Source
Responsible Institution
4 cage buildings
on holding ground
Animal quarantine or
holding ground (not functioned
since 2013)
10 x 30 (sqm)
To be relocated and
rebuilt on a new location
at Puskeswan the same 4
cage building with same dimension.
FY 2019 (construction
period is estimated for
4 months)
Approximately IDR
600 million from
APBD FY 2019
- Agency of Agriculture and Animal Husbandry of Bima City
23
46. The construction of replacement building for holding ground as described in the
previous paragraph will undergo through a series of phases which is planned in the
following schedule (Table 4)
Table 4. Time Schedule of Holding Ground Construction
Phase of Activity
FY
2018 FY 2019
Dec Jan Peb Mar Apr May Jun July Aug Sept Okt Nov Dec
Budget Proposal & Approval
Procurement
Construction
Provisional Handover (PHO) from contractor to Agency of Agriculture and Animal Husbandry of Bima City
Utilization by Agricultural Quarantine Station Class I Sumbawa Besar
47. The construction of these buildings will be conducted by the Agency of Agriculture and
Animal Husbandry of Bima City, and will be monitored by the government of Bima City.
Once the contractor complete the construction and carry out PHO to the Agency of
Agriculture and Animal Husbandry of Bima City, the buildings will be the asset of the
government of Bima City.
24
APPENDIX
25
Appendix 1. Letter of Bima Mayor regarding Request for Land Grant by Local
Government of Bima City
26
Appendix 2. Letter from Head of Bima District regarding Request on Land Asset Transfer
27
Appendix 3. Letter of Bima Mayor regarding Request for Additional Land Grant
28
Appendix 4. Letter of Head of Bima District regarding Approval on Total Land Acquistion
29
Appendix 5. Letter of Bima Mayor to the Head of Bima District regarding the replacement land for the Holding Ground and Animal Quarantine
30
Appendix 6. Statement of Land Property Release
31
32
33
Appendix 7. Notes of Dissemination about New Site Development Plan
34
Appendix 8. List of Attendees of Dissemination about New Site Development Plan
35
