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Social Monitoring Report
#Semestral Report (January – June 2017) December 2018
Indonesia: Neighborhood Upgrading and Shelter
Project – Phase 2
Prepared by the Directorate General of Human Settlements, Ministry of Public Works and Housing
for the Republic of Indonesia and the Asian Development Bank.
CURRENCY EQUIVALENTS (as of 30 November 2018)
Currency unit – rupiah currency name in lowercase (Rp)
Rp1.00 = $0.00007 $1.00 = Rp14,240
ADB – Asian Development Bank APBD – Anggaran Pendapatan and Belanja Daerah (Regional
Budget Income and Expenditure) DGHS – Directorate of Human Settlements
NOTE
(i) The fiscal year (FY) of the Government of Indonesia and its agencies ends on 31 December. “FY” before a calendar year denotes the year in which the fiscal year ends, e.g., FY2011 ends on 31 December 2011.
(ii) In this report, "$" refers to US dollars. This social monitoring report 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. 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.
1
TABLE OF CONTENTS
TABLE OF CONTENTS .............................................................................................................. 1
LIST OF TABLES ....................................................................................................................... 2
LIST OF FIGURE ........................................................................................................................ 2
LIST OF APPENDICES .............................................................................................................. 2
CHAPTER I. PROJECT BACKGROUND AND DESCRIPTION .................................................. 4
CHAPTER II. PROJECT IMPLEMENTATION PROGRESS ....................................................... 6
CHAPTER III. RESETTLEMENT ................................................................................................ 7
CHAPTER IV. COMPENSATION AND INCOME RESTORATION PROGRAM .......................... 9
CHAPTER V. LAND DONATION .............................................................................................. 12
CHAPTER VI. DISCLOSURE, CONSULTATION AND PARTICIPATION ................................. 16
6.1. Disclosure ..................................................................................................................... 16
6.2. Public Consultation/Information Dissemination Meetings ............................................... 16
CHAPTER VII. GRIEVANCE REDRESS MECHANISM (GRM) ................................................ 18
CHAPTER VIII. INSTITUTIONAL ARRANGEMENT AND CAPACITY BUILDING ..................... 20
CHAPTER IX. CONCLUSION AND CORRRECTIVE ACTIONS ............................................... 21
9.1. Conclusion .................................................................................................................... 21
9.2. Corrective Actions ......................................................................................................... 21
APPENDICES .......................................................................................................................... 22
2
LIST OF TABLES
Table 1. General Progress in Resettlement Plan Implementation .............................................. 7
Table 2. Disbursement and Resource of Funds ......................................................................... 8
Table 3. Confirmed Resettlement Preferences for households with fully Affected Houses ......... 8
Table 4. Compensation Payment of Local Government to APs in Kapuas District ..................... 9
Table 5. Compensation Payment of Local Government to APs in Pekalongan City ................... 9
Table 6. Proposed Livelihood Restoration Program in Pekalongan City ................................... 10
Table 7. Proposed Livelihood Restoration Program in Kapuas District ..................................... 11
Table 8. General Progress on Land Handover for Community Contracts ................................. 14
Table 9. General Progress on Land Handover for Complex Civil Work Packages.................... 15
Table 10. Pending Issues and the Corrective Actions .............................................................. 21
LIST OF FIGURE
Figure 1. Photo Documentation of Kelurahan Meeting (Muskel) III at Pasir Kramat Keraton,
Pekalongan. ............................................................................................................. 17
Figure 2. Photo Documentation of the Meeting of Analysis of Infrastructure Needs in Kelurahan
Paccerakang, Makassar City. .................................................................................. 17
Figure 3. Work Flow of Grievance Redress Mechanism .......................................................... 19
LIST OF APPENDICES
Appendix 1. Statement of Claim for Land Possession of NSD Kendari .................................... 23
Appendix 2. Certificate of Land Title of NSD Palopo ................................................................ 25
Appendix 3. Letter Ref. HL.02.02-CK/297 concerning no IR in FY 2017 .................................. 40
Appendix 4. Statement of Land Donation in Makassar ............................................................. 41
Appendix 5. Statement of Land Donation in Kendari ................................................................ 43
Appendix 6. Statement of Land Donation in Bengkulu ............................................................. 45
Appendix 7. Statement of Land Donation Serang .................................................................... 49
Appendix 8. Notes and Information on Community Land Affected by NUSP-2 activities .......... 52
Appendix 9. Voluntary Land Donation Statement ..................................................................... 54
Appendix 10. Minutes of Kelurahan Meeting III in Pasir Kraton Kramat, Pekalongan, Sabtu 23
March 2017 ......................................................................................................... 56
Appendix 11. List of Attendees in Kelurahan Meeting III in Pasir Kramat Kraton, Pekalongan . 59
Appendix 12. Minutes of meeting of Public Consultation on Analysis of Infrastructure Needs in
Kelurahan Paccerakang, Makassar ..................................................................... 61
Appendix 13. List of attendees in the Meeting of Analysis of Infrastructre Needs in Kelurahan
Paccerakang, Makassar ...................................................................................... 63
3
ABBREVIATION
ADB Asian Development Bank AH Affected Household AP Affected People APBD Anggaran Pembangunan dan Belanja Daerah (Regional Budget Planning) BPJS Kesehatan Badan Penyelenggara Jaminan Sosial Kesehatan (Social Security for
Health) BPN Badan Pertanahan Nasional (National Land Agency) BSPS Bantuan Stimulan Perumahan Swadaya (Self-help Housing Assistance) CA Community Adviser CC City Coordinator CIO Community Implementing Organization DED Detailed Engineered Design DDR Due Diligence Report DGHS Directorate General of Human Settlement EA Executing Agency EMP Environmental Management Plan FGD Focus Group Discussion FY Fiscal Year GAP Gender Action Plan GRM Grievance Redress Mechanism Ha Hectare HH Household IEE Initial Environmental Examination IP Indigenous People IPAL Instalasi Pengolahan Air Limbah (Wastewater treatment plant) LARP Land Acquisition and Resettlement Plan LCO Local Coordinating Office LG Local Government MDG Millennium Development Goals NMC National Management Consultant NSD New Site Development NPW Nilai Perkiraan Wajar (Reasonable Reimbursement Value) NUAP Neighborhood Upgrading Action Plan NUSP-2 Neighborhood Upgrading and Shelter Program Phase 2 PDAM Perusahaan Daerah Air Minum (local government owned clean water
provider) PIP Pengembangan Infrastructure Pemukiman (Settlement Infrastructure
Development) PIU Project Implementing Unit (Satker or Satuan Kerja) PMU Project Management Unit PPP Public Private Partnership PWH Public Works and Housing RAB Rencana Anggaran Belanja (Project Budget) RMC Regional Management Consultant RP Resettlement Plan RTRW Rencana Tata Ruang dan Wilayah (Spatial Plan) RT/RW Rukun Tetangga/Rukun Warga (Subdivision Institution under RW/
Subdivision Institution under Kelurahan) Satker PKPBM Satuan Kerja Peningkatan Kualitas Permukiman Berbasis Masyarakat
(National PIU of Settlement Quality Improvement) SIAP Slum Improvement Action Plan SPS Safeguard Policy Statement
4
CHAPTER I. PROJECT BACKGROUND AND DESCRIPTION
1. Approved on 31 March 2014, NUSP2 is aimed to upgrade basic public infrastructure in
slums, and contribute to meeting Millennium Development Goals (MDGs) targets for achieving
significant improvement in the lives of slum dwellers (MDG target 7D) and halving the
proportion of urban households without sustainable access to safe drinking water and basic
sanitation (MDG target 7C). The Project contributes to the implementation of the Cities without
Slums Program launched by the Government to address issues of the rapid urbanization. The
project covers 20 cities and improves basic infrastructure and living conditions in selected
slums.
2. NUSP Phase 2 assists 20 cities to develop and implement inclusive pro-poor city
development plans. The project improves living conditions in slum areas through (i) providing
resources to local governments and communities for upgrading basic infrastructure in slum
areas, (ii) strengthening planning and management capacities of local administrations for
inclusive pro-poor urban planning, (iii) establishing sustainable mechanisms to engage
communities in urban development planning processes, and (iv) launching public private
partnerships (PPPs) to establish affordable housing areas for poor families.
3. As stipulated in the Project Data Sheet, the NUSP-2 has a Safeguard Category B for
Involuntary Resettlement and Category C for Indigenous Peoples. The Category B means the
project will not include physical displacement and loss of more than 10 percent of productive
assets (income generating) of 200 or more persons due to involuntary land acquisition. And the
Category C for Indigenous Peoples means that the Project is not expected to have any
negative impacts on indigenous people, as there are no indigenous people reported in location
nearby the project locations.
4. Since the project will adopt CDD approach, the specific intervention will be identified by
the community members only during project implementation, thus potential issues related to
land acquisition can be identified only at later stage. In the context of specific neighborhood
upgrading activities, i.e. construction of public sanitation facilities, small land portions might be
acquired from community members or donated voluntarily. Land required for new settlement for
poor families will be provided by participating districts/cities government and resettlement
issues are not expected or to be minor.
5. The expected impact of the NUSP-2 is improved living conditions in urban areas. The
outcome is improved infrastructure and access to service delivery in slum neighborhoods in 20
project cities. As for the outputs, the NUSP-2 has three outputs: (i) Institutional capacities for
managing pro-poor urban development strengthened; (ii) infrastructure in slum neighborhoods
upgraded; and (iii) new settlements for poor families established.
6. In efforts to improve infrastructure in slum neighborhoods effectively, the infrastructure
activities under NUSP-2 are grouped into three categories of work packages:
1). Community contracts (skala lingkungan);
2). Complex civil works (skala kawasan);
3). New Site Development.
7. The community contract activity is designated to infrastructure works which self-
managed by CIO (Community Implementing Organization) in a neighborhood where they live.
This kind of construction works is commonly manageable using manual labors. Some of these
community contracts are conducted in two or three phases or cycles, depending on the amount
of the budget they manage. Whereas, the complex civil works activity is designated to
infrastructure works which implemented by contracted firm selected through bidding process.
This kind of complex construction works may have scope across neighborhoods and usually
requires advanced or heavy equipments.
5
8. The New Site Development (NSD) Construction Activity. The NSD plans to
construct the public facilities and infrastructures for the newly built neighborhood, such as
paving roads, drainage system, clean water supply, solid waste management system and
landscape for open green space. There are 4 (four) cities/districts participating in the NSD
projects, namely: Kendari City, Palopo City, Bima City and Kapuas District. The NSD activity is
also implemented by contracted firm selected through bidding process, but has many types of
infrastructure works in a new land including house construction which implemented by the
DGHP.
9. This Report is the Semi Annual Social Safeguard Monitoring Report prepared to comply
with the loan covenants, covering the period of first semester of January to June 2017 in a
cumulative manner. This report covers resettlement and social safeguard monitoring results in
complying with the ADB safeguard policy statement.
6
CHAPTER II. PROJECT IMPLEMENTATION PROGRESS
10. Community Contract Activity. During the first half of 2017, the NUSP-2 Project was
conducted in 204 kelurahans within 20 cities. Community Implementing Organizations (CIO or
BKM, Badan Keswadayaan Masyarakat) assisted by Community Advisors (CA) have
formulated 204 Community Action Plans (CAPs or RKM, Rencana Kerja Masyarakat) for first
cycle (Siklus I) in 204 kelurahans. The planned community contracts may need small land
portion through land donation, which are subject to basic principle of land donation in
Resettlement Framework Paragraph 29, 30 and 31.
11. Complex Civil Works Construction Activity. In 16 cities/districts the planning
documents of 24 work packages have been formulated by consultants, which recruited by local
government’s Budget/APBD of fiscal year 2017. The planned work packages may need small
land portion from community, which will be provided through land donation, hence neither land
acquisition report and resettlement plan will be required.
12. However, as the project implementation in complex civil works in Kapuas District and
Pekalongan City in 2016 have affected 149 peoples or 38 households and caused
resettlement, a Resettlement Due Diligence Report is being prepared for each location. Such
report is aimed to provide information that the process of resettlement do not excess the major
impact, and the affected people were provided with proper entitlement, as well as adequate
recovery programs. The monitoring of these recovery programs will be further elaborated in
Chapter IV Compensation and Income Restoration Program.
13. New Site Development. The government of Kendari City has secured approval for land
utilization in Purirano for the NSD site from the local parliament at 2015. The land status is
under possession of the government of Kendari City as shown in the Statement of Claim for
Land Possession in Appendix 1.
14. In Palopo City, the local government has acquired the total area of 2.0 hectares land in
Sampoddo in December 2016. The land was acquired from two households through negotiated
land acquisition procedure set forth in the Law No. 2/2012 on Land Acquisition for Development
of Public Interest and its implementing regulations. However, the land was unoccupied and
unproductive. Therefore, this land acquisition did not affect the productive income. The two
Affected Households (AHs) are considered significantly affected as the lost land is more than
10% of total assets owned, hence they are entitled for income recovery and livelihood program.
The Local Government of Palopo City is preparing to deliver the livelihood recovery program for
the affected households living in Palopo and the family members (son and daughters). The
monitoring of these recovery programs will be reported in the next Semi Annual Monitoring
Report. The land title certificate for the government of Palopo City was issued in February 2017
as shown in Appendix 2.
15. For the NSD in Bima, the government of Bima City has requested 3.7 Hectares land
asset in Jatiwangi from the government of Bima District in May 2017. The government of Bima
District is now awaiting for approval of their local parliament (DPRD) to transfer the asset to the
government of Bima City. This land was formerly property of the Government of NTB province
but transferred to the government of Bima District. The Due Diligence Report for this NSD will
be prepared around first quarter of 2018.
16. In Kapuas District, the local government has secured approval for land utilization in
Handil Berkat Makmur for the NSD site from the local parliament in January 2017. The land title
status is the property of the government of Kendari City as shown in the Land Title Certificate
issued in March 1996. Since the land for NSD site is vacant and is the property of the local
government of Kapuas District, there is no issue on land acquisition and resettlement. The Due
Diligence Report for this NSD will be prepared around mid 2018.
7
CHAPTER III. RESETTLEMENT
17. During this reporting period (January-June 2017), no involuntary resettlement (IR) or
loss more than 10% of productive assets were reported. This is emphasized in the letter from
the Director of Settlement Development of MPWH, ibu Ir. Rina Farida, dated 12 June 2017 to
the Country Director ADB-IRM, informing that the civil works packages in FY 2017 will not
require land acquisition or resettlement process (Appendix 3. Letter Ref. HL.02.02-CK/297
concerning no IR in FY 2017).
18. The land acquisition requirement on small land for project construction activities was
fulfilled voluntarily, where all the affected land owners did not demand any compensation in
return. The NMC has encouraged the RMC to carefully identify and inventory all land
donations and completed with supporting documents. Land donation will be discussed
separately in Chapter V.
19. The NUSP-2 activities implemented during this period of reporting did not bring impacts
on resettlement, except on Kapuas District and Pekalongan City. Therefore, this chapter will
discuss more on the resettlement in Kapuas District and Pekalongan City occured in FY 2016,
which has not yet been reported in the previous Semi Annual Social Monitoring Report.
20. As the NUSP-2 implementation of complex civil works in Kapuas District and
Pekalongan City had caused resettlements in 2016, this year the local governments have
provided payment for affected assets compensation, allowances, loss of incomes, etc. To the
affected persons. The implementation progress of compensation payment and resettlement is
shown in Table 1 below, followed by Table 2 on the progress of disbursement, source of
funding, and allocation. In addition, the local government also provided other types of
compensation for income rehabilitation programs. Description about compensation and
recovery program is presented in the next chapter.
Table 1. General Progress in Resettlement Plan Implementation
Location
AHs eligible for compensation and/or assistance/allowances
AHs required to resettled (relocated)
Number of AHs Number of AHs
fully paid %
progress Total Number
of AHs Number of AHs
resettled %
progress
Total AHs
No. of Female Headed
AHs
Total AHs
No. of Female Headed
AHs
Total AHs
No. of Female Headed
AHs
Total AHs
No. of Female Headed
AHs
Pekalongan
Pasir Keramat Keraton
32 6 32 6 100 32 6 32 6 100
Kapuas
Selat Hulu 4 2 4 2 100 4 2 4 2 100
Selat Tengah
2 - 2 - 100 2 - 2 - 100
Total 38 8 38 8 100 38 8 38 8 100
21. As the total number of affected households is just 38 (or 149 individuals), this situation
will not bring implication to the category B of involuntary resettlement. However it will need
further monitoring on implementation of this resettlement.
8
Table 2. Disbursement and Resource of Funds
Location LAR Budget Requiremen
t (IDR)
Source of
Funding
Allocation Status
Funds disbursed this
reporting period
Timeliness of Fund Disbursement
Cummulative Funds
Disbursement (IDR)
Delay in targets for
fund disburse-
ment? (Y/N)
Rea-sons for
Delay
Pasir Keramat Keraton
160,000,000 APBD Allocated FY 2016
Fully disbursed in FY 2016
N - 160,000,000
Selat Hulu
25,000,000 APBD Allocated FY 2016
Fully disbursed in FY 2016
N - 25,000,000
Selat Tengah
9,000,000 APBD Allocated FY 2016
Fully disbursed in FY 2016
N - 9,000,000
Total 194,000,000 194,000,000
22. In Pekalongan City, 32 (thirty two) houses located on slum area were fully affected by
the drainage construction under complex civil work package. All affected households (of 124
people) were landless and proposed to move to anticipated rental apartment, but they preferred
self-relocation. In Kapuas District, the construction of bridges fully affected a house and
partially affected five other houses which totally affected 25 people (6 HHs). The only fully
affected household was also landless and relocated to nearby location in option of self-
relocation (See Table 3).
Table 3. Confirmed Resettlement Preferences for households with fully Affected Houses
Location Number of HHs
with fully affected houses
Number of HHs required to
relocate
Number of HHs opting for
replacement land
Number of HHs opting for self relocation
Number of HHs that can
rebuild on remaining
land
Pekalongan
Pasir Keramat Keraton
32 32 - 32 -
Kapuas
Selat Hulu 1 1 - 1 -
Selat Tengah
- - - - -
Total 33 33 - 33 -
9
CHAPTER IV. COMPENSATION AND INCOME RESTORATION PROGRAM
23. As of June 2017, within this reporting period, no land acquisition and resettlement
issues emerged during construction activities, except in Kapuas District and Pekalongan City.
Having said in previous Chapter that there are resettlement issues in Kapuas District and
Pekalongan City, this chapter will further describe the compensation and income restoration
program for the affected peoples (APs) of those two locations. No resettlement program
needed for other locations. However, for any activities in the future which would involve with
land acquisition and cause any resettlement & rehabilitation, physical or economic
displacement, the Resettlement Plan (RP) will be prepared accordingly and subsequently with
necessary monitoring of RP implementation. Thus, the status of compensation payment to
affected peoples (APs) for their asset loss and mitigations of different other social safeguard
issues, if any, will be included in the next semi annual report.
4.1. Compensation
24. As the consequence of resettlement caused in FY 2016, the local governments of
Kapuas District and of Pekalongan City have accomplished payment of compensation to the
affected people. Table of the affected people with their compensation payment is provided in
Table 4 and Table 5 below. In order to ensure the affected people obtain appropriate
entitlements to physical and non-physical losses, a reasonable reimbursement value (RRV)
was calculated based on Law no. 2/2012. The result of RRV calculation was compared with the
amount of paid compensation by the local government. This comparison was used to
determine a gap between both components. When the gap found positive it reflects inadequate
paid compensation. Therefore a series of restoration programs is being identified to be
proposed to fill the gap.
Table 4. Compensation Payment of Local Government to APs in Kapuas District
No. Affected People Age (y.o.) Occupation Compensation from local
government
1 Mahmudah 42 Trader Rp 11.000.000
2 Sardianor 50 Trader Rp 5.000.000
3 Lamsiah 68 Trader Rp 4.500.000
4 Rudy Hartono 45 Unskilled labor Rp 5.000.000
5 Setya Darma 58 Private employee Rp 5.000.000
6 Abdul Sani 61 Trader Rp 4.000.000
Table 5. Compensation Payment of Local Government to APs in Pekalongan City
No. Affected People Age (y.o.) Occupation Compensation from
local government
1 Anas 48 Unskilled Labor Rp 5.000.000
2 Alwi 54 Unskilled Labor Rp 5.000.000
3 Kholipah 45 Trader Rp 5.000.000
4 Rasalim 55 Trader Rp 5.000.000
5 Susilowati 45 House Maid/Labor Rp 5.000.000
6 Duriyah 60 Trader Rp 5.000.000
7 Daryono 43 Unskilled Labor Rp 5.000.000
8 Sobirin 46 Unskilled Labor Rp 5.000.000
9 Sugiono 46 Unskilled Labor Rp 5.000.000
10 Nur Ruzi 27 Unskilled Labor Rp 5.000.000
11 Sanawi 56 Trader Rp 5.000.000
12 Suradi 48 Unskilled Labor Rp 5.000.000
13 Wagiyo Waryadi 60 Trader Rp 5.000.000
10
No. Affected People Age (y.o.) Occupation Compensation from
local government
14 Karyono 55 Becak driver Rp 5.000.000
15 Sartono 50 Trader Rp 5.000.000
16 Ahmad Rojiun 50 Unskilled Labor Rp 5.000.000
17 Pariyah 60 Trader Rp 5.000.000
18 A. Safawi 47 Unskilled Labor Rp 5.000.000
19 Sulami 55 Unskilled Labor Rp 5.000.000
20 Durrahman 47 Unskilled Labor Rp 5.000.000
21 Nur Slamet 60 Trader Rp 5.000.000
22 Doto 55 Unskilled Labor Rp 5.000.000
23 Kambali 54 Trader Rp 5.000.000
24 Solichin 59 Tailor Rp 5.000.000
25 Halifa 57 Unskilled Labor Rp 5.000.000
26 Dasmi 63 Unskilled Labor Rp 5.000.000
27 Ahmad Junaidi 42 Unskilled Labor Rp 5.000.000
28 Edi Sambara 64 Trader Rp 5.000.000
29 Suroso 35 Unskilled Labor Rp 5.000.000
30 Rudi Hartono 42 Trader Rp 5.000.000
31 Abadi 46 Unskilled Labor Rp 5.000.000
32 Waryudin 63 Unskilled Labor Rp 5.000.000
25. The RRV calculation has been done to the loss of the affected people both in Kapuas
District and Pekalongan City. However, it is concluded that the paid compensation by the local
governments were not sufficient. Therefore, the local governments of Kapuas and Pekalongan
have committed to also provide restoration programs for the affected people.
4.2. Income Restoration Program
26. Both local governments are identifying the suitable recovery programs to be offered to
the affected people. The process of program identification is carried out by considering
educational background, previous work experience and preference of the affected people. The
livelihood recovery or restoration programs proposed by the local governments of Pekalongan
and Kapuas are presented in the following tables (Table 6 and Table 7).
Table 6. Proposed Livelihood Restoration Program in Pekalongan City
No
Livelihood Restoration Program
Provider Justification
1. Kartu Indonesia Sehat Ministry of Health Synergizing with national government’s assistance on health for the poor
2. Kartu Indonesia Pintar Ministry of Education Synergizing with national government’s assistances on education for the poor
3. Program Keluarga Harapan Ministry of Social Affairs Synergizing with national government’s assistances for the poor
4. Pamsimas Ministry of Public Works Synergizing with national government’s assistances for community
5. BSPS Ministry of Housing and Settlement
Synergizing with national government’s assistance on housing for the poor
6. Posyandu Lansia Ministry of Health Synergizing with national government’s assistances on health for the poor
7. Sewing Training Skill Training Center (BLK) Considering the AP’s previous job
11
No
Livelihood Restoration Program
Provider Justification
8. Carpentry Training Subdepartmen of Construction Service (Jasa Konstruksi/Jakon)
Considering previous AP’s job
9. Automotive Training Course Skill Training Center (BLK) Considering AP’s previous job
10. Agriculture & Fishery Processing
Skill Training Center (BLK) Considering previous AP’s job
Table 7. Proposed Livelihood Restoration Program in Kapuas District
No Livelihood Restoration
Program Provider Justification
1. Kartu Indonesia Sehat Ministry of Health Synergizing with national government’s assistance
2. Kartu Indonesia Pintar Ministry of Education Synergizing with national government’s assistance
3. Program Bank Sampah Subdivision of Waste Management, Urban Development Office
Synergizing with local government’s assistance on waste management
4. Posyandu Lansia Ministry of Health Synergizing with national government’s assistance
5. Sewing Training Skill Training Center (BLK) Considering AP’s previous job
6. Rattan Handicraft Training Course
Agency of Industry, Trading & Cooperative of Kapuas District
Considering AP’s previous job and resources availability
7. Carpentry Training Subdepartmen of Construction Service (Jasa Konstruksi/Jakon)
Considering AP’s previous job and resources availability.
8. Credit for Small Business (KUK)
Bank Rakyat Indonesia (BRI) Synergizing with national bank assistance for small business
9. Automotive Training Course Skill Training Center (BLK) Considering AP’s previous job
10. Welding Training Course Skill Training Center (BLK) Considering AP’s previous job
11. Skill Certification Course Subdepartment of Construction Service (Jasa Konstruksi/Jakon)
Considering AP’s previous job
12
CHAPTER V. LAND DONATION
27. 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:
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
28. As the project of the NUSP-2 are specific neighborhood upgrading activities, only small
land portions acquired from community members or donated voluntarily. Land required for the
new settlement for poor families in NSD sites would be provided by participating district or city
governments. Hence, the resettlement issues are not expected to occur or just minor.
29. Concerning the basic principles point (ii), prior to the commencement of construction
works in NUSP-2 subprojects, there are socialization or information dissemination meeting for
the potential affected people to be fully informed and consulted about the project, their
entitlement and resettlement option. More on this information disclosure will be discussed in
Chapter VI. Disclosure, consultation and Participation.
30. As for the basic principles point (iii), the NUSP-2 has developed grievance redress
mechanism to receive and facilitate the AP’s concerns, and will be further described in Chapter
VII. The appropriate monitoring will be carried out and the monitoring report would be
disclosed.
31. When the project construction activities require a small land acquisition, the project
communities or individuals may decide to make voluntary contribution of the affected land and
non-land assets. It occurs if the affected land owners did not demand any compensation in
return. The land donation shall not cause significant loss to the owner and the owner must be a
direct beneficiary of the project. According to the resettlement framework, this shall be
acceptable only if the following requirements are in place:
(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;
13
(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.
32. As the NUSP-2 adopts the CDD approach, the specific intervention is identified by the
community members themselves during project implementation. So the land owners and any
non-titled displaced person are fully consulted through series of kelurahan meeting (Muskel).
However, as the process of land provision that may need land donation has been done in an
open and transparent manner through the Muskel II and III, the communities are not aware or
feel necessary to confirm this voluntary donation through verbal or written record by an
independent third party as required in point (iv) of paragraph 28 above (paragraph 30 of RF
document). There is no documentation of such confirmation as well due to poor documentation
at the community level. The project is considering recruiting an independent individual as the
third party to verify verbal or written records of voluntary land donation process. All the process
of these land donations have still been partially complied with the RF procedure as set forth in
paragraph 29-31 of RF document, and will be improved in the FY 2018 land donation
procedures.
33. 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. In NUSP-2 Project, the land donation is based on Community Self-survey (Survey
Kampung Sendiri) from which the community identify the need for infrastructure mentioned in
the Neighborhood Upgrading Action Plan (NUAP) document. The need for piece of land for
infrastructure then being identified, discussed and assessed during the Kelurahan Meeting II
(Musyawarah Kelurahan/Muskel II) through meaningful consultation. Further, in the Muskel III,
the community finalizes and agrees upon the Community Action Plan (CAP), including the land
donation and proceed with signing the statement of land donation later on. In fact, these land
donations are voluntarily and are some forms of community contribution to the project without
any coercion. Allowing for that land donation is less than 10 percent, the impact is also
marginal.
35. In total, there are 103 sites of donated land accompanied with the respective donation
statements, 25 sites of land completed with respective usage permits, and another 7 sites of
land complete with passing permit are handed over for communtiy contract activities and no
compensation demanded in return to benefits provided by the project. These sites are
14
dispersed in Bengkulu, Bandar Lampung, Palembang, Sukabumi, Serang, Kapuas, Makassar,
Kendari and Bima. These construction activities caused no involuntary resettlement or losing of
their productive assets. The description of land donation process recorded in minutes,
statement of land donation, list of attendance and photo documentation. As some examples,
Appendix 4, 5, 6, and 7 show the statement of land donation in neighborhoods of Kendari,
Bengkulu and Serang.
36. However, the examples show some variety of the donation form which reflecting the
interpretation of the community from different location on the basic land donation form/template
provided by the project. This variety needs to be uniformed and reflects severely impacts it may
cause, as well as all required principles/procedures as set forth in the RF document.
Therefore, a new template or form for land donation document has been prepared and
provided in the Appendix 8 (Notes and Information on Community Land Affected by NUSP-2
Activities). This form is complimented with the Land Donation Statement (Appendix 9), and
includes some profile of the land owner to indicate that the impacts are marginal (based on
percentage of loss and minimum size of remaining assets), and that impacts do not results in
displacement of households or cause loss of household’s incomes and livelihood. These two
forms would be used unanimously in all land donation document in the remaining NUSP-2
project and subproject. The recapitulation of land handover for community contract in 2017 is
provided in Table 8 below.
Table 8. General Progress on Land Handover for Community Contracts
37. In total, there are 3 sites of donated land supplemented with the statement of the
respective land donation, and 4 sites of land with usage permits, were handed over for complex
civil work activities, and no compensation demanded in return to benefits provided by the
project. These sites are dispersed in Bandar Lampung and Kapuas. The construction activities
caused no involuntary resettlement or losing of productive assets of the land owners. All the
Granted
Land m2 Value (IDR)
Usage
Permitm2 Value (IDR)
Passing
Permit m2
Value
(IDR)
I
1 Tanjung Balai 15 - - - - - - - - -
2 Batam 6 - - - - - - - - -
3Tanjung Jabung
Barat9 - - - - - - - - -
4 Bengkulu 9 17 687 71.102.500 - - - - - -
5 Bandar Lampung 16 - - - 5 42 8.000.000 - - -
6 Palembang 20 1 176 35.200.000 6 259,2 87.520.000 - - -
18 863 106.302.500 11 301 95.520.000 0 0 0
II
1 Pasuruan 8 - - - - - - - - -
2 Semarang 17 - - - - - - - - -
3 Pekalongan 7 - - - - - - - - -
4 Sukabumi 12 39 320,3 71.823.500 - - - - - -
5 Serang 7 2 16 224.000 13 262 27.060.000 - - -
6 Banjarmasin 11 - - - - - - - - -
7 Kapuas 10 4 268 83.500.000 1 24 16.800.000 - - -
8 Palangkaraya 7 - - - - - - - - -
45 604,3 155.547.500 14 286 43.860.000 - - -
III
1 Makassar 12 7 394,2 394.200.000 - - - - - -
2 Bone 4 - - - - - - - - -
3 Palopo 9 - - - - - - - - -
4 Kendari 9 5 25 19.750.000 4 - - 7 - -
5 Ambon 6 - - - - - - - - -
6 Bima 9 2 38,4 360.000 - - - - - -
14 457,6 414.310.000 7
NO CITY/DISRICTNumber of
Kelurahan
LAND PERMISSION STATUS
West Region
Central Region
East Region
SUB TOTAL
SUB TOTAL
SUB TOTAL
15
process of these land donations have been complied with the RF procedure as set forth in
paragraph 29-31 of RF document. The description of land donation process recorded in
minutes, statement of land donation, list of attendance and photo documentation. Details are
provided in Table 9 below.
Table 9. General Progress on Land Handover for Complex Civil Work Packages
Granted
Land m2 Value (IDR)
Usage
Permitm2 Value (IDR)
Passing
Permit m2 Value (IDR)
I
1 Tanjung Balai 1 - - - - - - - - -
2 Batam 1 - - - - - - - - -
3 Tanjung Jabung Barat 2 - - - - - - - - -
4 Bengkulu 1 - - - - - - - - -
5 Bandar Lampung 1 - - - 2 170 51.000.000 - - -
SUB TOTAL 0 0 0 2 170 51.000.000
II
1 Pasuruan 2 - - - - - - - - -
2 Semarang 2 3 33,9 33.900 - - - - - -
3 Pekalongan 2 - - - - - - - - -
4 Sukabumi 1 1 42,8 - - - - - - -
7 Kapuas 4 2 548 - 2 12 6.000.000 - - -
SUB TOTAL 6 624,7 33.900 2 12 6.000.000
III
1 Makassar 4 - - - - - - - - -
2 Bone 1 - - - - - - - - -
3 Palopo 1 - - - - - - - - -
4 Kendari 1 - - - - - - - - -
5 Ambon 2 - - - - - - - - -
6 Bima 1 - - - - - - - - -
SUB TOTAL 0 0 0 0 0 0
6 625 33.900 4 182 57.000.000 0 0 0
Central Region
East Region
TOTAL
West Region
Social Document Provided NO CITY/DISTRICT
Number of
Kelurahan
LAND PERMISSION STATUS
16
CHAPTER VI. DISCLOSURE, CONSULTATION AND PARTICIPATION
6.1. Disclosure
38. The Due Diligence Report and regular monitoring report are subject to public disclosure.
Therefore, these documents will be made available to public including the affected people and
related stakeholders. This Semi Annual Social Monitoring report will be uploaded on the ADB
and PWH Ministry websites, as well as on the local Satker’s website. Furthermore, the information about the due diligence report will be summarized in the form of leaflet for
dissemination to the affected households and peoples. These information leaflets are being
prepared for public dissemination. CONSULTATION AND PARTICIPATION
6.2. Public Consultation/Information Dissemination Meetings
39. Public consultation is done to provide an opportunity for affected people including
landowners who sold their land assets as well as peoples who own land next to the planned
construction location. Specifically, the consultation is conducted to establish agreements about
land boundaries, land prices, and administrative processes of handover ownership. The
statement letter on the compensation payment release of the land right is signed by the two
parties (seller and buyer) and the explanation of the release of land rights is also carried out
and signed and by local authority (sub district head) and witnessed by at least two persons.
40. Similar condition applies to land donation, full consultations with the land owners and
any non-titled displaced persons on site selection is required to make acceptable land
donation.The statement letter on release of land right is signed and acknowledge by local
authority and witnessed by at least two person.
41. The City Satker (PIUs) of Kapuas District and Pekalongan have conducted meaningful
consultations with APs, their communities and other civil society members for every project and
subproject identified as having involuntary resettlement impacts. The City Satker paid particular
attention to the need of disadvantaged or vulnerable groups, especially those below the poverty
line, the landless, the elderly, female headed households, women and children, and those
without legal title to land. Unfortunately, the consultation meeting in Kapuas District was poorly
documented at this stage. Meanwhile, the consultation meeting in Kelurahan Pasir Keramat
Kraton, Pekalongan City, the meeting (Muskel III) was held on 23 March 2017, attended by 16
men and 8 women (Figure 1). The minutes of this meeting and the list of attendees is provided
in Appendix 7 and 8.
42. The public consultation/information dissemination meeting is documented in minutes of
meeting, photos and list of attendance. As a sample of such public consultation, here is a
picture (Figure 2) of the meeting in Kelurahan Paccerakang, Makassar City, held on 30-31
March 2017, attended by 12 men and 5 women. This meeting was aimed to analize the
requirement of infrastructure and land donation.The minutes of meeting and the list of
attendees are provided in Appendix 11 and 12.
17
Figure 1. Photo Documentation of Kelurahan Meeting (Muskel) III at Pasir Kramat Keraton,
Pekalongan.
Figure 2. Photo Documentation of the Meeting of Analysis of Infrastructure Needs in Kelurahan
Paccerakang, Makassar City.
18
CHAPTER VII. GRIEVANCE REDRESS MECHANISM (GRM) 43. 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.
44. 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.
45. 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
Public Interest and Presidential Regulation No. 71/2012 on the Implementation of
Land Acquisition for the Development of Public Interest.
46. The project is preparing to establish a grievance redress mechanism, which basically
consists of three levels, i.e. at the kelurahan (neighborhood), the city/district and the national
level. This leveling system is expected to timely address any complaints during project
implementation. Affected people will have the right to file complaints and/or queries related to
adverse impacts due to project activities. Community complaints that will emerge later on, will
be handled with grievance redress mechanism in accordance with the complaint handling
guidelines which had been prepared by the DGHS in this reporting period.
47. At the neighborhood (kelurahan) level, the kelurahan office will register complaints and
subsequently resolve the complaints; the Kelurahan office will coordinate and provide feedback
to the contractor and City Satker in this matter. If the grievance cannot be resolved at the
kelurahan office, the complaint will be escalated to the city level. At the city level, the
complaints will be handled by the Local Coordinating Office (LCO) residing at the Bappeda
(District Planning Agency) and the complaints should be followed up and/or resolved within 15
workdays and the handling will be coordinated with the City Satker. If the grievance cannot be
19
resolved at the city level, it will be escalated to the PMU which representing the DGHS, at the
national government level.
Figure 3. Work Flow of Grievance Redress Mechanism
48. Once the Grievance Redress Mechanism is established and disseminated to all level
stakeholders and community, it shall be effectively implemented to receive complaints and
facilitate resolution of the affected people during the process of Land Acquisition and
Resettlement Plans (LARP) preparation and implementation. Regular report on the progress of
GRM implementation will be presented in the next semi annual report.
City Level (LCO)
Kelurahan level
20
CHAPTER VIII. INSTITUTIONAL ARRANGEMENT AND CAPACITY BUILDING 49. To support the implementation of NUSP-2, there is a project management organization
that includes government, community and consultants, from the central, district/city level, to the
Kelurahan and the community.
50. The Directorate General of Human Settlements is the Executing Agency (EA) of NUSP-
2, at the central level the EA assisted by the Project Management Unit (PMU) and the Satker
PKPBM as the Project Implementation Unit (PIU). The national PIU is assisted by a national
management consultant (NMC). At the city level, there is a Local Coordinating Office (LCO) of
Kapuas District and City Satker of Kapuas District as a Project Implementation Unit at the city
level. At the city level, a Regional Management Consultant (RMC) is assigned to assist the city
satker. The Directorate General of Human Settlements is responsible for the management of
LARP compiled by the LCO and Satker with the assistance of Technical Assistant (TA) on
Safeguard at the RMC level. Consultants (RMC, CC, and CA) along with Satker at the city level
will continue to monitor and update LARP.
51. A Regional Coordination Meeting (Rakoreg) was held on 25 April – 5 May 2017 in
Jakarta, participated by RMC, CC, and CA from all region, facilitated by the NMC. The purpose
of the meeting was to verify the proposed activities in CAPs FY 2017 with NUAP of each
kelurahan, including: fulfillment of infrastructure engineering standards for all infrastructure
proposed, determining the analysis of unit price according to the Ministerial Regulation of
Public Works and Housing Number 28 of 2016 (Permen PUPR No. 28 Tahun 2016) and initial
screening of environmental & social impact management (safeguards). Through these
activities, the participants also got involved in the workshop as their capacity building in
handling the project.
21
CHAPTER IX. CONCLUSION AND CORRRECTIVE ACTIONS
9.1. Conclusion
52. Based on the monitoring, review and some analyses of social impacts on the local
community livelihoods and assets, within this reporting period the NUSP-2 projects and
subprojects did not include physical displacement and loss more than 10 percent of productive
assets and income generation. No land acquisition and involuntary resettlement issues
emerged during construction activities, except in Kapuas District and Pekalongan City, for
which the compensation and income restoration program are being provided for the affected
peoples (APs) of those two locations. The implementation of this income restoration program
will be further monitored and reported in the next Semi Annual Monitoring Report, as well as
the monitoring on the implementation of DDR or Land Acquisition Report for the NSD in
Palopo.
9.2. Corrective Actions
53. Some pending issues or gaps in implementing the requirements as set forth in the
Resettlement Framework are considered as partly compliance and need the corrective actions
to comply with those requirements and principles, as shown in Table 10 below. These
corrective or remedial actions will be monitored and also reported in the next Semi Annual
Monitoring Report.
Table 10. Pending Issues and the Corrective Actions
Pending Issues Corrective Actions need to be done
Responsible Institution/Party to complete Corrective Action
Timeline to complete Corrective Action
1. The form of donation should be uniformed and reflecting “severely impact” or percentage of loss and minimum size of remaining assets, as well as the socio-economic profile of land owner to indicate that the impacts are marginal.
- The improved template/form has been provided to be used consistently for any voluntary land donation in the remaining NUSP-2 projects and subprojects. - If possible, the current Land Donation Statements should be complimented with this new form/template.
- The related Community Advisors (CAs) and City Coordinator (CCs) assist the land donors to fill-up the forms, supervised by safeguard specialists at the RMC and NMC
November 2018.
2. Any voluntary donation documents need to be verified by an independent third party.
- Recruit an independent third party or individual consultant through an open bidding process
The PMU December 2018
22
APPENDICES
23
Appendix 1. Statement of Claim for Land Possession of NSD Kendari
24
25
Appendix 2. Certificate of Land Title of NSD Palopo
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
Appendix 3. Letter Ref. HL.02.02-CK/297 concerning no IR in FY 2017
41
Appendix 4. Statement of Land Donation in Makassar
42
43
Appendix 5. Statement of Land Donation in Kendari
44
45
Appendix 6. Statement of Land Donation in Bengkulu
46
47
48
49
Appendix 7. Statement of Land Donation Serang
50
51
52
Appendix 8. Notes and Information on Community Land Affected by NUSP-2 activities
LEMBAR CATATAN LAHAN MASYARAKAT YANG TERKENA KEGIATAN NUSP-2
RMC WILAYAH :
KOTA/KABUPATEN :
KECAMATAN :
KELURAHAN :
TAHUN ANGGARAN : SIKLUS :
Jenis kegiatan pada NUSP-2 :
Luas lahan yang digunakan untuk lokasi kegiatan NUSP-2 :
Luas lahan milik penduduk yang tekena dampak kegiatan NUSP-2 :
Lampirkan fotocopy bukti kepemilikan lahan kalau ada.
Atas nama :
Pekerjaan :
Pendapatan perbulan : Jumlah Tanggungan :
Umur : Jenis Kelamin : L / P
Kategori Kepala Keluarga :
Perempuan MBR1 Penyandang Disabilitas
Lansia Tidak termasuk
Foto lokasi yang dihibahkan : Softcopy Hardcopy
Lahan milik penduduk yang terkena dampak kegiatan NUSP-2 tersebut berstatus :
Donasi/dihibahkan Dijual Pinjam pakai
Bangunan yang terkena dampak kegiatan NUSP-2 :
Ada Tidak Ada
Bila ada, jelaskan :
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
Apakah ada tempat usaha penduduk setempat yang terkena dampak kegiatan NUSP-2
Ada Tidak Ada
Bila ada, jelaskan :
......................................................................................................................
......................................................................................................................
1 Masyarakat Berpenghasilan Rendah; mengacu pada Tabel BPS mengenai Garis Kemiskinan Menurut
Kabupaten/Kota, 2015-2017
53
Apakah ada tanaman atau pepohonan yang terkena dampak kegiatan NUSP-2
Ada Tidak Ada
Jika ada sebutkan, jenis........... jumlah.................. dan ukuran diameter pohon............
Bila ada, jelaskan :
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
Apakah kegiatan mempengaruhi pendapatan atau penghasilan masyarakat :
Ya Tidak
Bila ada, jelaskan :
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
Apakah ada keberatan dari masyarakat setempat yang lahannya terkena dampak kegiatan NUSP-2 :
Ada Tidak Ada
Bila ada, jelaskan :
.....................................................................................................................
.....................................................................................................................
.....................................................................................................................
54
Appendix 9. Voluntary Land Donation Statement
55
56
Appendix 10. Minutes of Kelurahan Meeting III in Pasir Kraton Kramat, Pekalongan, Sabtu 23 March 2017
57
58
59
Appendix 11. List of Attendees in Kelurahan Meeting III in Pasir Kramat Kraton, Pekalongan
60
61
Appendix 12. Minutes of meeting of Public Consultation on Analysis of Infrastructure Needs in Kelurahan Paccerakang, Makassar
62
63
Appendix 13. List of attendees in the Meeting of Analysis of Infrastructre Needs in Kelurahan Paccerakang, Makassar
64
