PRELIMINARY LAND ACQUISITION AND LIVELIHOOD RESTORATION ACTION PLAN (LARAP) FOR BRT BANDUNG METROPOLITAN Indonesia Mass Transit Program Support Project (IMTPSP) November 2021 Directorate General of Land Transportation of Ministry of Transportation Jl. Medan Merdeka No. 8, Central Jakarta Official Use TABLE OF CONTENT 1. INTRODUCTION 5 1.1. Location of the BRT Bandung 5 1.2. Existing Condition of the Proposed BRT Bandung Locations 9 2. POTENTIAL IMPACTS 15 3. OBJECTIVE OF THE LARAP 16 4. CENSUS AND SURVEY OF SOCIO-ECONOMIC CONDITIONS OF PROJECT- AFFECTED PARTIES 17 5. LEGAL FRAMEWORK 18 6. INSTITUTIONAL FRAMEWORK 21 6.1. Assessment of Institutional Capacity 27 7. ELIGIBILITY AND THE ENTITLEMENTS 28 8. ASSESSMENT OF LOSS COMPENSATION 30 9. COMMUNITY PARTICIPATION 30 10. ALTERNATIVE REVIEW 32 11. MONITORING AND REPORTING 37 12. IMPLEMENTATION SCHEDULE AND BUDGET ESTIMATE FOR BANDUNG RAYA BRT 39 1 Official Use LIST OF TABLES Table 1: Location Plan of Bandung Raya BRT Stations / Bus Stops Table 2: Location Plan of Activity Requiring Land acquisition Table 3: Gaps between ESS 5 of World Bank and Laws on Rights of Project-affected parties Table 4: Parties Responsible for Land acquisition Activity for Bandung Raya BRT Table 5: Duties and Roles of Institutions Related to Bandung Raya BRT Table 6: Rights of Project-affected parties Table 7: Methods of Compensation Assessment Table 8: Community Participation Involvement Plan Table 9: Depo Potential Locations for Bandung Raya BRT Table 10: Roles and Duties of Grievance Redress Table 11: Monitoring Indicators and Data Required Table 12: Proposed Implementation Schedule and Budget Estimate for Land acquisition and Socio-Economic Recovery of Project-affected parties (if any) LIST OF FIGURES Figure 1: Corridor Plan and Station Location Potentially Requiring Land acquisition Figure 2: Stages of Grievance Redress Process Figure 3: Flow of Grievance Redress Process Figure 3: Corridor Plan, and Station Location Potentially Requiring Land acquisition Figure 4: Stages of Grievance Redress Process Figure 5: Figure 6: LAPOR and World Bank Report Channel APPENDIX: Appendix 1 Cross Section of Existing Road Conditions, Corridor Plan, and Station Plan Appendix 2 Station Dimension According to Design Concept Appendix 3 IMTPSP Organization Structure 2 Official Use Acronyms AKDP Intercity transport within the same province (Angkutan Kota antar Provinsi) AMDAL Analisa Mengenai Dampak Lingkungan (Environmental Impact Assessment) ANDAL Analisa Dampak Lingkungan (Environmental Impact Analysis—an in-depth study of the major and significant impacts of the planned business/activity) ANDALALIN Traffic Impact Assessment Angkot Angkutan Kota (means ‘urban transportation’—usually in the form of minivans operated by private companies as common Indonesian public) Bappeda Regional Development Planning Agency Bappenas Ministry of National Development Planning BBMA Bandung Basin Metropolitan Area BBUMA Bandung Basin Urban Management Authority
 BLUD Regional Public Service Unit
 BPKAD Provincial/City Asset Agency BRT Bus Rapid Transit BS Bus Stop BUMD Regional Owned Enterprise BUMD Regional Owned Enterprise Baznas Zakat/ charity management agency COVID-19 Coronavirus disease DBMTR Provincial/City Road Public Works and Land Use Affairs Agency DDAVA Due Diligence and Value Analysis DGR Directorate General of Rail, MoT DISHUB Provincial/City Transport Agency DLH Provincial/City Environmental Agency E&S Environmental and Social EBC Early Business Case EIA Environmental Impact Assessment 3 Official Use ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESS Environmental and Social Standards GBV (SEA/SH) Gender-Based Violence (Sexual Exploitation and Abuse/Sexual Harassment) GCA Government Contracting Agency GESI-AP Gender Equality and Social Inclusion Action Plan GHG greenhouse gas GOI Government of Indonesia IBE Implementing Business Entity KA ANDAL Term of Reference (the boundary and methodology of the ANDAL) LRT Light Rail Transit MASTRAN Indonesia Mass Transit Project MoF Ministry of Finance
 MoT Ministry of Transport
 Pemda Local governments (Pemerintah Dearah) PPP Public-Private Partnership PSN National Strategic Project
 PSO Public Service Obligation
 RKL-RPL Environmental Management Plan (RKL), Environmental Monitoring Plan (RPL) RPJMN Medium term National Development Plan 2020-2024 SEAH Sexual Exploitation, Abuse, and Harassment SEP Stakeholder Engagement Plan TOD Transit-Oriented Development ToR Terms of Reference UKL-UPL Environmental Management and Monitoring Plan (for business/activities that do not require AMDAL/EIA) 4 Official Use WB World Bank 1. INTRODUCTION The Government of the Republic of Indonesia (GoI) through the Ministry of Transportation (Kemenhub) supported by World Bank (WB) initiated the Indonesian Mass Transit Program (IMTPSP), which aims to increase financial, technical and institutional capacity of local governments (Pemda) in planning and implementing public transport management. IMTPSP refers to the 2020-2024 National Medium-Term Development Plan (RPJMN), which targets the construction of mass transportation in six metropolitan areas, namely Jakarta, Surabaya, Makassar, Semarang, Medan and Bandung. As one of the targets of IMTPSP, Bandung Raya is making preparations including the Feasibility Study (FS) and the Bus Rapid Transport (BRT) Design Concept supported by the Ministry of Transportation in collaboration with Deutsche Gesellschaft fur Internationale Zusammearbeit (GIZ) GmbH. Bandung Raya is also a priority for the BRT development plan in the Green Book of Bappenas in 2021. This document provides preliminary information and studies on land acquisition plans for BRT development in Bandung Raya, potential risks and mitigation plan. This document will be finalized after the locations of depots, terminals/stations, and BRT corridors have been determined. This document outlines: (i) project description, project location, activity plan, potential land acquisition and impacts on sources and/or livelihoods, including job loss, either at the preparation, construction and operation stages; (ii) description of the characteristics of communities, land and buildings potentially affected by the project; (iii) a plan for dealing with project-affected parties; (iv) institutional arrangements and procedures for implementing land acquisition; (v) description of Grievance Redress, financing, monitoring and reporting and (vi) next steps for finalizing this document and implementation. 1.1. Location of the BRT Bandung The Bandung Raya BRT Plan covers: (i) Corridor length of ± 23 km; (ii) serving 12 routes; (iii) 27 stations/stops; (iv) preparation of 357 buses (periodically). The Bandung Raya BRT Corridor will utilize City/Regency Roads (44.16%), Provincial Roads (48.44%), and National Roads (7.41%). The streets in the city center are full of traffic and there are high population movements. The Bandung Raya BRT will pass through trade centers, offices, schools/university campuses, hospitals, markets, and residences. The distance between stations/stops is planned to be between 350-500 m. The Bandung Raya BRT corridors are located in Bandung City, Cimahi City, Bandung Regency, West Bandung Regency and Sumedang Regency (BBMA), West Java. In general, the Bandung 5 Official Use Raya BRT Corridor has been included in the regional spatial plan (RTRW) of West Java Province (West Java Regional Regulation no. 22 of 2010 concerning West Java Provincial Spatial Plan). The Design Concept from GIZ recommends a Special Line on Jl. Peta-Jl. Laswi, but then alternative 4 was chosen, which is to serve the movement of people from/to the west and east by setting up a special lane in the City Boundary Corridor - Jl. Rajawali Barat - Jl. Jendral Sudirman – Jl. Jamika; Jl. Jakarta-Jl. Jenderal Ibrahim Adji-Jl. Ahmad Yani-Jl. AH. Nasution (Cicaheum), then connect with: 1) Cimahi- Cicaheum Station (XT 2): Jl. Stasiun Cimahi – Jl. Sriwijaya- Jl. Gatot Subroto- Jl. H. Amir Mahmud- Jl. Rajawali Barat- Jl. Jenderal Sudirman- Jl. Asia Afrika -Jl. Jenderal Ahmad Yani-Jl. Jakarta- Jl. Jenderal Ibrahim Adjie- Jl. Jenderal AH. Nasution (Cicaheum); 2) Leuwipanjang Terminal-Dago (XD5r) : Leuwipanjang Terminal –Jl. Soekarno – Hatta; Jl. Kopo; Jl. Peta; Jl. Otto Iskandardinnata; Jl. Mohamad Toha; Jl. Pungkur-Jl. Dewi Sartika; Jl. Dalem Kaum; Jl. Asia Afrika; Jl. Cikapundung Barat; Jl. ABC; Jl. Banceuy; Jl. Suniaraja; Jl. Braga; Jl. Merdeka; Jl. Perintis Kemerdekaan; Jl. Cihampleas; Jl. Wastu Kencana; Jl. Insiyur Djuanda; Jl. Dipatiukur; Jl. Insinyur Djuanda (Terminal Dago). 3) Dipatiukur-Jatinangor via Tol (XD 7): Jl. Dipatiukur; Jl. Penata yudha; Jl. Surapati; Jl. Majapahit- Jl. Sentot Alibasyah; Jl. Diponegoro, Jl. WR. Supratman; Jl. Jakarta; Jl. Ahmad Yani; Jl. Mohammad Toha; TOL Padaleunyi; Jl. Raya Jatinangor (Stasiun Damri); 4) Sulaiman Airbase-Cicahem (XD 9): Jl. Peta ; Jl. Otto Iskandar Dinata; Jl. Muh Toha; Jl. Pungkur; Jl. Dewi Sartika; Jl. Dalem Kaum; Jl. Asia Afrika; Jl. Banceuy; Jl. ABC; Jl. Naripan; Jl. Jenderal Ahmad Yani; Jl. Jakarta; Jl. Ibrahim Adjie; Jl. Ahmad Yani; Jl. AH Nasution (Cicaheum); 5) Cibiru – Alun Alun (XD 11) : Alun Alun/Jl. Asia Afrika; Jl. Banceuy; Jl. ABC; Jl. Naripan; Jl. Jenderal Ahmad Yani; Jl. Jakarta; Jl. Ahmad Yani (again) Jl. AH Nasution (Cibiru Roundabout); 6) BEC -KBP (X15) : KBP (Kota Baru Parahiyangan) Roundabout; Jl. Raya Padalarang (Jl. Nasional/Jl. Amir Mahmud); Jl. Gandawijaya; Jl. Gatot Subroto; Jl. Rajawali Barat-Jl. Jenderal Sudirman; Jl. Asia Afrika (Alun Alun); Jl. Banceuy; Jl. Cikapundung Barat; Jl. ABC; Jl. Suniaraja; Jl. Kebon Jukut; Jl. Aceh; Jl. Kebon Kawung-Jl. Cicendo: Jl. Pejajaran; Jl. Cihampelas; Jl. Wastu Kencana 7) Dipatiukur-Arcamanik (XK 18): Jl. Dipari Ukur; Jl. Ir Djuanda; Jl. Hasannudin; Jl. Ganesha; Jl. Taman Sari; Jl. Sulanjana; Jl. Ir. Djuanda; Jl. Sawunggaling; Jl. Harian Bunga; Jl. Wastu Kencana; Jl. RE Martadinata; Jl. Cihampelas; Jl. Pejajaran; Jl. Banda-Jl. Seram; Jl. Aceh-Jl. Sumbawa-Jl. Sunda-Jl. Baranang Siang; Jl. Belitung-Jl. Sumatera; Jl. Tamblong; Jl. Naripan; Jl. Ahmad Yani-Jl. Jakarta—Jl. Jenderal Ibrahim Adjie- Jl. Jenderal Ahmad Yani;Jl. AH. Nasution; Jl. Cicukang-Jl. Pesantren; 8) Darwati-Ciwastra-Cijerah (XK 27): Jl. Darwati; Jl. Marga Cinta; Jl. Buah Batu; Jl. BKR; Jl. Peta; Jl. Kopo; Jl. Sukarno Hatta; Jl. Caringin; Jl. Kopo; Jl. Sukarno Hatta (lagi)-Jl. Leuwi panjang; Jl. Marga Cinta-Jl. Darwati; 6 Official Use 9) Antapani-Sarijadi (XK 31): Jl. Ahmad Yani; Jl. Ibrahim Adjie; Jl. Jakarta; Jl. Ahmad Yani; Jl. Gudang Utara; Jl. Bangka; Jl. Belitung; Jl. Sumatra; Jl. Aceh; Jalan Merdeka; Jl. Perintis Kemerdekaan; Jl. Pejajaran; Jl. Cicendo; Satsiun Bandung; Pasir Kaliki 10) BEC – Baleendah (Xa232) : Jl. Bandung – Banjaran; Jl. Raya Dayeuhkolot; Jl. Mohamad Toha; Jl. Peta- Jl. Otto Iskandar Dinata-Jl. Asia Afrika- Jl. Cikapundung Barat; Jl. ABC- Jl. Banceuy; Jl. Suniaraja; Jl. Kebon Jukut; Jl. Kebon Kawung-Jl. Pasir Kaliki; Jl. Hos Cokro Aminoto; Jl. Pejajaran-Jl. Ciampelas; Jl. Wastu Kencana; Jl. Cocendo; 11) BEC-Soreang (Xa254): Sta. Soreang- Jl. Soreang-Banjaran-Jl. Soreng Pasir Koja-Tol Soreang Pasir Koja- Jl. Pasir Koja; Jl. Peta-Jl. Otto Iskandar Dinata- Jl. Asia Afrika; Jl. Cikapundung Barat-Jl. ABC; Jl. Banceuy; Jl. Suniaraja; Viaduk; Jl. Kebon Jukut; Jl. Aceh; Jl. Cicendo; Jl. Pejajaran; Jl. Wastukencana. Of the 12 corridors, there are 7 corridors that will serve the movement of people from the supporting cities to Bandung. However, the bus stop / station locations have not been determined. The BRT corridors outside Bandung City are: Cimahi- Cicaheum Jl. Stasiun Cimahi – Jl. Sriwijaya- Jl. Gatot Subroto- Jl. H. Amir Station (XT 2): Mahmud- Jl. Rajawali Barat- Jl. Jenderal Sudirman. Dipatiukur-Jatinangor Jl. Mohammad Toha; TOL Padaleunyi; Jl. Raya Jatinangor via Tol (XD 7) (Damri Station). Lanud Sulaiman- Jl. Kopo Sayati; Jl. Kopo. Cicahem (XD 9) BEC -KBP (X15) KBP (Kota Baru Parahiyangan) Roundabout; Jl. Raya Padalarang (Jl. Nasional/Jl. Amir Mahmud); Jl. Gandawijaya; Jl. Gatot Subroto. Darwati-Ciwastra- Jl. Darwati; Jl. Marga Cinta; Jl. Buah Batu. Cijerah (XK 27) BEC – Baleendah Jl. Bandung – Banjaran; Jl. Raya Dayeuhkolot; Jl. Mohamad (Xa232) Toha. BEC-Soreang (Xa254) Stasiun Soreang- Jl. Soreang-Banjaran-Jl. Soreng Pasir Koja-Tol Soreang Pasir Koja- Jl. Pasir Koja. Station / Bus Stop Plan Based on FS, land acquisition will take place at the planned stations / bus stops on Jl. Station (Kebun Kawung) (100 x 2.2 m); Banceuy (120 x 2 m); Alun-Alun (100 x 2 m); Simpang Lima (47 x 5 m); Kosambi Market (120 x 4 m); Kiara Artha (160 x 3 m). Figure 1 and Table 1 below show the locations of the corridors and stations. The red box with holes in Figure 1 shows the location of the planned locations for stations/ bus stops that require land acquisition. Meanwhile, the Cross Section and Station/ Bus Stop Dimension can be seen in Appendix 1 and Appendix 2. 7 Official Use Figure 1: Corridor Plan and Station Locations Potentially Requiring Land acquisition Note: 1. The red boxes are the six (6) planned stations / bus stops that have the potential to require land acquisition, namely: ● Kebon Kawung (220 m2); ● Banceuy (240 m2); ● Alun – Alun (200 m2); ● Simpang Lima (235 m2); ● Pasar Kosambi (480 m2); ● Kiara Artha (480 m2). Total Area: 1,875 m2 2. The dotted lines are the selected alternative corridors (replacement for the corridor crossed with red) Tabel 1: Location Plan of Bandung Raya BRT Stations / Bus Stops BRT Route Bus Stop / Station 1 2 3 4 5 6 7 8 9 10 11 12 1. Pasir Kaliki √ √ √ 2. Pejajaran √ √ √ 3. Kembang Market √ √ √ 4. BEC √ √ √ √ 5. Cicendo Eye √ √ √ √ Hospital 6. Bandung Train √ √ √ Station 7. Banceuy √ √ √ √ 8. Cikapundung √ √ √ √ √ √ 9. Alun Alun √ √ √ √ √ √ √ 10. Asia Afrika 11. Simpang Lima √ √ √ 12. Kosambi Market √ √ √ √ 13. Bandung Juara 14. Kalipah Apo √ √ √ 15. Cibadak √ √ √ √ 16. Panjunan √ √ 17. Kebon Kelapa √ 18. Jl. Peta √ √ √ √ √ √ 8 Official Use BRT Route Bus Stop / Station 1 2 3 4 5 6 7 8 9 10 11 12 19. Tegalega Garden √ √ √ √ √ √ 20. Pungkur √ √ √ 21. Pasirluyu √ √ √ 22. Buah Batu √ √ √ 23. Burangrang √ √ 24. Malabar √ 25. Gatot Subroto 26. Cobangkong √ 27. Laswi √ √ √ 28. Cikaso √ √ √ √ √ √ 29. Cicadas √ √ √ √ 30. Jl. Jakarta √ √ √ √ √ 31. Kiara Artha √ √ √ √ √ Note: (i) 1 = XD1; 2= XT2; 3= RD5; 4=XD7; 5=XD9; 6= XD11; 7= X15; 8= XK18; 9=XK 27; 10=XK31; 11=XA232; 12= XA254; (ii) Corridor Plans (Including Station no. 18, 20, 21, 22, 23,24 and 27) are not the selected alternative. Depot Plan The Depot design has not yet been prepared, but a Depot should at least consist of an office and command center, bus wash building, daily check building, maintenance building, fuel station, bus parking lot and staff and driver facilities. The location of the BRT Depot is proposed in Kebon Kawung, covering an area of ± 1.1 Ha. (11,000 m2). In front of the Depo, there are about 20 stalls on the roadside/pavement/drainage. Kebon Kawung is an ideal place, because it is close to the planned corridor and station. Other proposals are Gedebage, which is located far from corridors and stations/bus stops but still can be developed, because there is enough land to anticipate future developments; the owner of the land is unknown. The IMTPSP needs to ascertain the status of land tenure in Kebon Kawung, whether it belongs to PT KAI (Indonesian Railway Company) or other agencies, and maybe PT KAI will carry out developments related to the operation of the Jakarta- Bandung fast train. 1.2. Existing Condition of the Proposed BRT Bandung Locations Jl. Asia Afrika, Jl. Sudirman, Jl. Rajawali Barat, Jl. Rajawali Timur, Jl. Ahmad Yani. Stasiun Alun Alun (Jl. Asia Afrika) will become the main BRT station, as an icon of Bandung City with its current condition: it is used as a bus stop for Trans Bandung/Angkot (public transportation), in which there are a number of street vendors; Jami' Mosque activities are high on Tuesdays, Fridays and Saturdays, which will lead to a concentration of mosque visitors, street vendors and vehicle parking; historical buildings are also concentrated on Jl. Asia Afrika, including the monument of the names of the Non-Aligned Countries. 9 Official Use Jl. Stasiun, Jl. Hos Cokro Aminito/Pasir Kaliki, Jl. Pejajaran, Jl. Wastu Kencana, Jl. Cicendo and Jl. Pejajaran: the road is about 25-30m wide, has sidewalks, bicycle lanes, and the median is on Jl. Wastu Kencana and Jl. Cicendo. Sporadically, parts of the road are used as a parking lot for 4 and 2-wheeled vehicles, available for about 5-10 four-wheeled vehicles and 15-25 two-wheeled vehicles, at a cost of IDR 2,000/one parking; the parking guards change shift in the afternoon and evening; These roads are part of the route of several angkot in Bandung City and AKDP vehicles (Elf microbuses for intercity transports); on the left and right are buildings for businesses/ shops, Melinda 2 Hospital, government offices, schools and sports buildings, Cicendo eye hospital, meeting buildings, a gas station, an elementary school and residential buildings. In the plan of Bandung Station / (Jl. Kebun Kawung), there are also parking space for 2-wheeled vehicles, station park, about 20-30 kiosks above the roadside with covered drainage, travel/goods transportation, workshops, food stalls, and the inside is Kebon Kawung Damri Pool. Jl. Kebon Jukut is a Bus Priority Corridor plan: right and left of the road are offices, parks and residential areas. There are 2 station plans at Jl. Jakarta which are divided by an overpass, on the right and left there are sidewalks and bus stops for out-of-town angkot and buses; and directly adjacent to the park owned by the local government. In the plan, the second station on Jl. Jakarta is equipped with sidewalks and 2-point bus stops, STIMIK-AMIK, 2 workshops and 1 food stall, which is a small part of the building above the sidewalk. Jl. Laswi, Jl. Pelajar Pejuang 45, Jl. BKR and Jl. Peta. Along this road, the plan is to build stations at 5 points, namely Laswi, Malabar, Pasiruyu, Tegallega and Peta station. The road is equipped with sidewalks, bicycle lanes, median roads (±1-1.5 m) with ornamental plants, and street lighting. Land uses on the left and right of the road include Basnaz (Amil Zakat National Agency), hotels, shops, offices, food stalls, workshops, street vendors (around 7-10), the West Java Police Logistics Bureau, and shops. Tegallega Park (on Jl. BKR) is one of the icons of Bandung City. Tegalega Park will be crowded with visitors on weekend mornings and holidays and some parts of the street will be filled with street vendors. On the opposite of the Tegalega park, there is a stop for Angkot and AKDP (intercity transportation). On the left side of Jl. Peta, there is a series of ornamental fish markets with simple buildings (street vendors) as long as ± 200 meters. In addition to the ornamental fish sellers, there are food sellers and workshops. There are around 75-80 ornamental fish sellers (freshwater and seawater fish). The ornamental fish market sellers are divided into 2 major groups, namely Sundawani and GBMI, both of which are NGOs that control activities in the market, including parking. It is the largest ornamental fish market in Bandung, established since 1999 / 2000. The Sundawani group consists of sellers who live around the location, while the GBMI consists of the sellers from various regions in West Java Province. Commodities are imported from Bali, East Java, Central Java and Sukabumi. Jl. Muhammad Toha, and Jl. Ahmad Yani. Jl. Mohammad Toha is used as a parking lot for trucks and other goods transportation. The land use on the left side is Tegalega Park, there is a Tegallega 10 Official Use dump, between the park and the sidewalk, there are 5 street vendors (4 food sellers and 1 license plate maker), and the planned location of the station is the parking lot for shop visitors. The land use on the left and right of the road are residential houses and shops. Kosambi Station (Jl A. Yani): located in front of Kosambi Market, several street vendors in carts (about 6 traders) move to sell on the sidewalk, there are also seasonal sellers (flags along the sidewalk). Summary of the condition of the proposed BRT locations is provided in the table below: Existing Condition of the proposed BRT corridor and Stations in Bandung A. Depot : Kebon Kawung This location is owned by DAMRI, a transportation operator owned by the government. The same location is utilized by several bus depots. There are approximately 20 kiosks near the road/ drainage/ pedestrian area. Shelter Stasiun Bandung: (Jl. Kebun Kawung): utilized as parking lot for motorcycle and public park. There are approximately 20-25 kiosks, motor workshop, food stalls, on the road/ drainage/ pedestrian. Jl. Hos Cokro Aminito (Stasiun Pasir Kaliki) and Jl. Pejajaran (Stasiun Pejajaran): the wide of the road is approximately 25-28 m. Some parts of the road are utilized as parking lots for cars and motorcycles, check point for online motorcycle taxi; Jl. HOS Cokroaminoto/Pasir Kaliki Station Jl. Pajajaran/Pejajaran Station 1 line of bicycle Hotels 2 lines of car Hotels 2 lines of car Shops 2 Parkir lots Hotels and Banks Shops 2 lines of Bicycle Houses Night street vendors Night food court Shops Houses Night street vendors Motor cycle parkir lot Shop and houses Banks Food courts Banks 2 lots car park Hospital 2.5 m 2.5 m 2.5 m 2.5 m Park 13 m 18 m 18 m 24 m Shelter Pasar Kembang: (Jl. Wastu Kencana) 11 Official Use Jl. Wastu Kencana/Pasar Kembang Station School 2 lines of car Fuel Station 2 lines of bicycle houses Houses shop 2m 1m 15 m 20 m Shelter Cicendo: (Jl. Cicendo) Jl. Cicendo/Cicendo Station Meeting Hall 2 lines of car Houses 2 lines of bicycle Cicendo Hospital Parkir Lot Exstraordinary School 2.5 m 2.5 m Houses 14 m 18 m Shelter BEC: (Jl. Pejajaran): Jl. Pajajaran/BEC Station 2 lines of bicycle Shops 2 lines of car Houses 2 parking lots Shops businesses Houses 2.5 m 2.5 m businesses 15 m 20 m Bus Priority Corridor (Jl. Kebon Jukut) Shelter Kiara Artha: (Jl. Jakarta) Station Tiara Artha (Jl. Jakarta) 2 lines car Kiara Artha park bicycle line lamp/electricity pole 7m 10 m 12 m 35 m Shelter Jl. Jakarta: (Jl. Jakarta) 12 Official Use Station Jl. Jakarta 2 sidewalks 2 lines of car Median 1 line of bicycle Government offices 2 bus stops and prison University Shops, houses few Small shops (food Few Warungs (small shop) and warehouse) 14 m 20 m Shelter Laswi (Jl. Laswi) Station Laswi (Jl. Laswi) 2 sidewalks Government 4 lines of car Football stadium Offices Road median Government Offices shops 2 lines of bicycle house and shops, Offices houses Drainage 22 m 30 m Shelter Pasir Luyu: there are approximately 7-10 street vendors near the pedestrian, hotel, office buildings. Shelter Tegallega: (Jl. Peta): every Saturday, there is a morning market utilizing approximately 50 m of the road. Station Tegalega (Jl. Peta) 2 sidewalks Supplies and Tegalega park 4 lines of car Warehouse of the street vendors lamp/electricity pole West Java Police on Saturday and Road median Sunday morning 2 lines of bicycle Drainage 22 m 30 m Shelter Peta (Jl. Peta): approximately 200 m of the road is utilized as decorative fish market since 1999/2000; food stalls, and motor repair workshop. There are approximately 75-80 fish vendors organized by CSOs namely Sundawani and GBMI. Jl. Peta 2 sidewalks Shops Ornamental Fish Market 4 lines of car wooden shops Appr. no of fish shop: 70-80 lamp/electricity pole Vehicle workshop Shops Road median Street vendors houses Drainages 22 m 30 m Shelter Kebon Kelapa (Jl. Mohammad Toha): Utilized as parking lots for trucks; there are approximately 5 street vendors on the pedestrian area/ drainage area. 13 Official Use Kebon Kelapa 2 sidewalks 2 lines of car lamp/electricity pole Park 2 lines of bicycle TPS Tegalega Drainages few street vendors in between park and sidewalk 14 m 22 m Station Alun Alun (Jl. Asia Afrika) will become the main station of the BRT. Currently the location is utilized as shelters for bus Trans Bandung/ Angkot. Within the area, there are several street vendors. This area is typically busy on Tuesday, Friday, and Saturday when many people will come to the mosque for prayer. Station Alun Alun (Jl. Asia Afrika) Business Offices 2 lines of car Great Mosque- Banks etc. 2 lines of bicycle Angkot and bus of Bandung heritage- stop Footsall Hall buildings and park Shops 25-30 m Station Panjunan : some street vendors utilize the road area for their stalls. Station Panjunan Shops and 2 lines of car Parking Lots Tegallega Park Houseshops 2 lines of bicycle Vegetable and Food (side exit of park) Houses sellers on the road 35-40 m Station Kosambi (Jl A. Yani): approximately 6 street vendors are selling their commodity on the drainage/ pedestrian area. Station Kosambi (Jl. Jenderal Ahmad Yani) 2 sidewalks 2 lines of car 2 lines of bicycle Houseshops and Houses and business businesses (shops, ware house and small shop) Kosambi Market 14 m 25 m 14 Official Use 2. POTENTIAL IMPACTS The land acquisition for development, and the operation of Medan Metropolitan BRT can have negative impacts on the socio-economic conditions of the residents, such as the loss of their homes, business places, and assets and/or sources of livelihood. In addition, other potential impacts are disruption of access for owners/customers of shops, restaurants, residences, and offices during construction of BRT stations, especially those adjacent to school buildings, hospitals, and markets. The preparation of corridors and stations/stops for the Bandung Raya BRT (23 Km) will cross City/Regency Roads (44.16%), Provincial Roads (48.44%), and National Roads (7.41%). The locations that potentially require land acquisition are summarized in the table below: Table 2: Activity Location Plan Requiring Land acquisition Facility Area Owner Current Use Bus Depot Kebon Kawung 1.1 Ha PT KAI Bus depot of PT. Damri and other Auto Bus companies. Inside, there are several stalls and buildings for the bus crew to rest. Information regarding land tenure/asset ownership still requires further survey. Station / Bus Stop Station / bus stop at Jl. 240 m2 PT KAI Road and park Stasiun (Kebun Kawung) Banceuy 240 m2 State Land Sidewalks Alun-Alun 200 m2 State Land Park Simpang Lima 235 m2 State Land Road Kosambi Market 480 m2 Kiara Artha Land owned by Kiara Artha Park Regional Government The Bandung Raya BRT corridor will be on the road (on grade), so that the land acquisition involving private/residents’ land is very small. The roads as state assets/land are under the authority of the Ministry of Finance, although they are managed by the City/Regency/Provincial/Ministry of Public Works and Public Housings (PUPR), thus the implementation of land acquisition also needs to refer to PP no. 28/2020 concerning Management 15 Official Use of State/Regional Assets, related to corridor, station and depot plans. The description of the planned location of corridors, stations/bus stops and depots that require land acquisition is presented in the table below. Based on the information above, the potential impacts of land acquisition for BRT Bandung Raya project are as follows: 1. Land acquisition for depot in Kebun Kawung (11,000 m2) The location of Kebun Kawung depot is on the land owned by PT KAI/PT Damri which is used as an office and bus pool. Inside, there are several stalls and buildings for the bus crew to rest. The conversion of the land to a bus depot could result in the loss of livelihoods for the owners of the stalls/other businesses currently occupying the area. Based on the initial information, physical displacement was not anticipated as a result of the project. However, economic impacts (economic displacement) may occur. The information on land tenure/asset ownership requires further survey and this impact analysis will be reviewed once complete information is collected. 2. Land acquisition for 6 stations (± 1,875 m2) The land for the station is mostly owned by the government which is used as an area belonging to roads, sidewalks, or parks. Based on the results of field visits, some station plans may require a small community yard/parking area/fence, but will not result in the relocation of landowners. At the planned location of the Banceuy station, there are several tire/rim dealers on the sidewalk which may be disturbed. At the planned location of Kiara Artha station, there are several street sellers on the roadside/drainage channel which may be disturbed when the station/depot is built and operates. Detailed data collection on the owners of land/assets affected by the project will be carried out after the final DED document which will be followed by a more thorough impact assessment. In addition to the land acquisition, the construction and operation of the BRT Bandung is also expected to result in economic displacement. At this stage, the quantification of the size of economic displacement (temporary or permanent) is not available because it will depend entirely on which sides of the roads BRT tracks will be laid, exactly where BRT stations would be built and buildings need to be demolished for curvature, etc., which will only be known when DED is carried out. The LARAP will be finalized when the DED is prepared and the exact quantity of impact on land and non-land assets become known. 3. OBJECTIVE OF THE LARAP This document was compiled as a guide for the Regional Government as the party responsible for preparing and implementing the land acquisition and restoration of livelihoods for residents affected by the construction of Bandung Raya BRT. This document was compiled referring to Law no. 2/2012 concerning Land Acquisition for Public Interest and its derivatives, as well as 16 Official Use Environmental and Social Policy of World Bank, especially Environmental and Social Standard 5 – Land acquisition, Restrictions on Access to Land Use, and Involuntary Resettlement. The objectives of the land acquisition and livelihood restoration plan are as follows: 1. To avoid involuntary resettlement or if it is unavoidable, minimize involuntary resettlement by exploring alternative project designs. 2. To avoid forced evictions. 3. To mitigate negative economic and social impacts or access restrictions by compensating for loss of assets based on replacement prices and assisting affected residents to restore their livelihoods. 4. To improve the living conditions of affected residents, especially the affected vulnerable groups, mainly those who have experienced physical displacement by providing decent housing, access to public services and facilities, and security of land ownership. 5. To ensure resettlement activities are planned and implemented with appropriate disclosure of information, meaningful consultation, and informed participation by affected residents. 4. CENSUS AND SURVEY OF SOCIO-ECONOMIC CONDITIONS OF PROJECT-AFFECTED PEOPLES Detailed Plan of engineering (DED document) for Bandung Raya BRT is not yet available and will be completed at the implementation stage of the IMTPS project. Thus, this land acquisition and livelihood restoration plan document uses the documents of FS, Design Concept as the main sources of information. This document does not yet have a detailed description of the number of affected peoples (by name, by address), both the names of the owners of the land and/or buildings and/or assets on the land to be acquired, and their socio-economic condition. The same applies to the potentially affected peoples who may experience economic displacement due to the construction and/ or operation of the Bandung BRT either temporary or permanent. Detailed survey will be carried out after the DED document is finalized. The results of the census and survey will be used as the basis for announcing the names of the residents who will be affected by the project (cut of date), determining the affected residents by the project (by name, by address), holding meaningful consultations, and preparing budget for the land acquisition and restoration of livelihoods for the affected residents. Prior to the implementation, this document must obtain prior approval from the PMU and obtain a No Objection Letter (NOL) from World Bank. Physical work cannot be carried out before the field conditions are “clear and clear”. 17 Official Use 5. LEGAL FRAMEWORK The preparation of this LARAP refers to the ESF ESS5 of World Bank and Indonesian Laws, such as Law no. 11/2020 on Job Creation and Law no. 2/2012 on Land acquisition for Public Interest and its implementing regulation, PP no. 27/2014 and its amendments to PP no. 28/2020 on Management of National / Regional Asset. It aims to ensure that the land acquisition (and resettlement) is carried out in a manner that respects the land rights and is legal. The law requires equitable land acquisition, as well as a resettlement process for those who have the land rights or other legal bases of rights. Without the legal rights, there is no obligation for the land owner to obtain compensation for the land and non-land assets on it, or assistance for moving and resettlement for residents who inhabit or use the land. The laws and regulations in Indonesia do not consider the rights of residents who occupy or use land without legal land ownership rights or other legal grounds. In some cases, the legal land owners ask law enforcement officials to forcefully demolish houses/buildings in the process of land clearing. This is in contrast to the WB Environmental and Social Framework and Policy, in particular ESS5 on Involuntary Resettlement, which requires IMTPSP to consider the interests of residents who occupy and/or use land without land ownership rights or other legal grounds. The following are things that must be carried out by IMTPSP: ● Avoid land acquisition and/or resettlement if possible; ● Assess activity options, including design review to avoid/minimize land acquisition and/or resettlement; ● Significantly improve or at least restore the livelihoods of project-affected parties compared to before the project; ● Improve the socio-economic status of the poor and other vulnerable affected residents; ● Provide sufficient resources to enhance the ability of project-affected parties to benefit from the project; ● Draft concepts and implement land acquisition activities, including preparing a sustainable development program for the project-affected parties. Regulations and Law in Indonesia : Omnibus Law (Job Creation Law no. 11/2020) Article 121 and Law no. 2/2012 concerning Land acquisition for Development in the Public Interest regulates the mechanism for land acquisition for the public interest. This law aims to accelerate the process of land acquisition for infrastructure development, by considering the public interest. Relevant /other derivative regulations include: ● PP no. 19/2021 concerning the Implementation of Land acquisition for Public Interest; ● PP no. 27/2014 and its amendments to PP 28/2020 concerning Management of State/Regional Property; ● Ministerial Regulation (Permen) of Minister of Agrarian and Spatial Planning/National Land Agency no. 20/2020 on Handling Social Impacts in Land acquisition for Public Interest. The 18 Official Use Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN) is developing Technical Guidelines for the Preparation of Land acquisition Plans, which include approaches to compensate informal settlers, smallholders, or those who do not legally own land; ● Presidential Decree no. 71/2012 on Implementing Regulations Provision of resettlement support for project-affected land owners and/or users. The regulation does not include transitional support and development assistance, such as land development, credit facilities, training, or job opportunities. Land acquisition, Restrictions on Land Use, and Involuntary Resettlement (ESS 5) : Applies to temporary and/or permanent physical and economic displacement due to various types of land acquisition and access restrictions. The process requires community participation and consultation, disclosure of information, and a grievance redress mechanism. The involuntary resettlement should be avoided as such. If the resettlement is unavoidable, it will be minimized. In addition, appropriate measures to reduce adverse impacts on relocated residents (and on host communities receiving relocated residents), including timely compensation with reimbursement costs, complaint management, livelihood restoration, and consideration alternatives will be carefully planned and implemented. Analysis of Gaps of Laws in Indonesia and ESS5: Laws and regulations applied in Indonesia has covered the main topic of ESS 5, several gaps are identified regarding the detailed description and handling of compensation and livelihood restoration of project-affected individuals who do not have legal rights to land law. The table below explains that there are differences between Indonesian laws and ESS5. The right to obtain compensation for non-land assets, direct economic improvement assistance is not reflected in the regulations of Government of Indonesia, but is required in ESS 5 WB policy. Table 3: Gaps between ESS5 and Laws related to Rights of Project-Affected Parties Theme Assessments Proposed Gap-filling Measures Resettlement plan There is a choice of forms of compensation Entitlement matrix presented in Table 6 of as a sustainable and it is sufficiently regulated, but the this document provides details on development deliberations with the PAPs prioritize the entitlements and compensation options, program provision of compensation in the form of including cash payment and other cash. assistance. Replacement costs No gaps. MAPPI uses SPI 204 in Entitlement matrix presented in Table 6 of determining the value of properties based this document provides details on on the reconstruction cost of making a new entitlements and compensation options at building (nilai penggantian wajar). The replacement costs consistent with ESS 5. Independent appraisal assesses and Compensation will be provided at recommend compensation for loss of replacement costs based on independent appraiser valuation 19 Official Use Theme Assessments Proposed Gap-filling Measures physical and non-physical assets and premium/solatium at replacement costs. Livelihoods Livelihood package arrangements tended The Project will provide sufficient Restoration to be directed in the form of cash although resources for planning and the laws and their implementing implementation of livelihood restoration regulations also regulate the provision of measures such as skill training, credit or assistance in the form of capacity building micro-finance facilities for small businesses, the short-term project generated employment, etc. to ensure that affected people can improve, or at least restore, their livelihoods and levels of income. The livelihood restoration plan will be developed based on the consultations with the PAPs. The commencement of the program will be conducted in a timely fashion to ensure that affected persons are sufficiently prepared to take advantage of alternative livelihood opportunities. Assistance to Assistance to displaced households due to Additional physical displacement is not Physically land acquisition is not covered by laws and expected under this project. In case of Displaced its implementation regulations such situations, entitlement matrix presented in Table 6 of this document provides details on entitlements and compensation options 5 Compensation for Legal provisions are deficient to recognize Entitlement matrix presented in Table 6 of loss of income entitlements for loss of incomes and means this document provides details on sources or means of livelihood due to land acquisition. entitlements and compensation options of livelihood consistent with ESS5. Support for Perpres 62/2018 and Permen BPN 6/2020 Entitlement matrix presented in Table 6 of affected persons do require to provide compensation and this document provides details on who have no assistance for those who do not have right entitlements and eligibility criteria in line recognizable legal on land but have occupied or utilized the with ESS5 right or claim to land with a set of criteria the land they are occupying 20 Official Use Theme Assessments Proposed Gap-filling Measures Compensation Options of compensation are sufficiently Entitlement matrix presented in Table 6 of options elaborated. this document provides requirements of compensation options, eligibility criteria, and entitlements for different PAP categories. Costing The laws and its implementation Overall land acquisition costs, including regulations clearly stipulate livelihoods assistance, will be established as part of land acquisition planning and will be financed by the relevant authorities as explained in Table 4. Disclosure and The laws and its implementation All documents will be disclosed and engagement regulations clearly stipulate on its consulted to the public in a suitable form requirements on information disclosure. to meet the Bank’s disclosure requirements. Community engagement will form part of project implementation. Grievance The laws and their implementation Applying the Grievance Redress Mechanism regulations have elaborated and time- Mechanism developed under the Project. bound procedures for filing complaints by affected households and process to address complaints and grievances. Monitoring and The laws and their implementation Independent Monitoring Agency (IMA) Evaluation regulations do not provide for external will be deployed to monitor the monitoring of resettlement implementation implementation of the LARAP. IMA will and post-implementation evaluation to monitor the implementation of land assess whether the objectives of the acquisition and, prepare a periodic resettlement plan have been achieved. monitoring report and post- Further, it is deficient in providing details implementation evaluation. on the objectives of the evaluation. 6. INSTITUTIONAL FRAMEWORK Executing Agency (EA) of IMTPSP is at Ministry of Transportation. The Project Steering Committee, Project Implementing Unit (PIU), Project Management Unit (PMU), and Secretariat have been established based on Ministerial Letter KP-DJPD 1483/2021. The PMU consists of 4 members from three internal Ministries and one BAPPENAS (National Development Planning Agency) member. The PMU Secretariat consists of 12 members, all from Ministry of Transportation. The PIU consists of four members, all of whom are from Ministry of Transportation. Construction of depots, corridors and BRT stations will potentially interfere with 21 Official Use the access to residences/businesses for local residents. If the relocation is necessary, meaningful consultations will be carried out with the project-affected parties and residents, including the relocation, compensation, and grievance redress mechanism. The PIU at the Regional Government level will carry out the preparation and implementation of land acquisition and resettlement (if any), including income/livelihood improvements for the project-affected parties. Table 4: Responsible Parties for land acquisition and resettlement for BRT Bandung Plan of Activity and Plan of Activity and Location of BRT Location of BRT Plan of Activities Requiring Land acquisition 1. Bus Depot Setup Kebon Kawung ● The government of Bandung City / West Java Province is 1.1 Ha responsible for Land acquisition. ● Alt 1: avoiding land acquisition by optimizing Terminal or Depot owned by government / Regional Government which is considered less optimal. ● Alt 2: making a cooperation contract for BRT operation in which the operator / parties are obliged to prepare a depot, including the office and workshop area. 2. Preparation of Stations / Bus Stops (BS) 6 Station Locations: ● Responsible Party: Government of Bandung City Kebon Kawung (100 x ● DED to optimize the road as a station / bus stop. 2.2 m); Banceuy (120 x ● If the land acquisition is unavoidable, PMU-Directorate 2 m); Alun – Alun General of Land Transportation/PIU – Transportation (100x 2 m; Simpang Agency of West Java Province requests the government of Lima (47-5 m); Pasar Bandung City to organize a plan and process for the land Kosambi (120 x 4 m) dan Kiara Artha (160x3 acquisition for the construction of 6 stations. m). Total area: 1,875 ● PMU-Directorate General of Land Transportation/PIU – m2 ) Transportation Agency of West Java Province requests the government of Medan City, PT KAI, and Directorate General of Highways, Ministry of Public Works and Public Housings to build stations at the locations. Road Utilization Plan as BRT Corridor 3. Special Corridor Setup 22 Official Use Plan of Activity and Plan of Activity and Location of BRT Location of BRT National Road ● The authority and responsibility of Ministry of Public Works and Public Housings. ● PMU-Directorate General of Land Transportation/PIU – Transportation Agency of West Java Province prepares an MoU and requests for an official permit / approval to Ministry of Public Works and Public Housings / Directorate General of Highways to utilize National Roads for corridors and build BRT stations / stops. Provincial Road ● Department of Highways of West Java Province ● PMU-Directorate General of Land Transportation/PIU – Transportation Agency of West Java Province prepares an MoU and requests for an official permit / approval to Governor / Department of Highways of West Java Province to utilize Provincial Roads for BRT route. City / Regency Road ● The authority and responsibility of Department of Highways of Bandung City / Cimahi City, Bandung Regency, West Bandung Regency and Sumedang Regency. ● PMU-Directorate General of Land Transportation/PIU – Transportation Agency of West Java Province prepares an MoU and requests for an official permit / approval to Mayor / Regent to utilize City / Regional Roads for corridors and construction of BRT stations. Financing the Land acquisition and handling the social impacts of BRT activities in Bandung Raya will be the responsibility of the Regional Government in accordance with its administrative area. Several parties who will be involved in IMTPSP include: Transportation Agency of West Java Province, Transportation Agency of City / Regency in Bandung Raya; Ministry of Public Works and Housing (PUPR) / Directorate General of Highways, Department of Highways of City / Regency in Bandung Raya; Regional Development Planning Agency (Bappeda) of West Java Province; Bappeda of City / Regency in Bandung Raya, ATR / BPN Office of Bandung City / West Java Province. The summary of duties and authorities related to the land acquisition can be seen in the table below. Table 5: Duties and Authorities of Instutions related to Bandung Raya BRT 23 Official Use Institution Duty and Authority Ministry of Transportation Directorate General Responsible for IMTPSP program implementation; of Land Preparation, planning and provision/construction of corridors, Transportation, stations/bus stops, depots and other infrastructure related to BRT; Ministry of Transportation Increasing natural resources capacity of the Regional Government in the management of mass transportation, including Environmental and Social Safeguards; Budgeting for the preparation, planning and construction of the Bandung Raya BRT corridor, stations and depots; Submitting a request / approval for the use of roads as a BRT corridor; Regional Center for It is an extension of the Directorate General of Land Transportation, Land Ministry of Transportation Transportation, Transportation Agency of West Java Province Ministry of Public Works and Housing Directorate General Responsible for / Management of National Roads; of Highways Responding to a request from the Ministry of Transportation regarding approval/permit to build and use National Roads as BRT corridors Government of West Java Province Bappeda Supporting the preparation of the budget for the implementation of land acquisition, compensation, social assistance and restoration of the socio-economic impacts of the affected residents based on the proposal from the government of the government of Bandung City, Cimahi City, West Bandung, Bandung Regency and Sumedang Regency; Supporting the cooperation between the Manpower Office and the Transportation Agency related to the efforts to handle the socio- economic impacts for public transportation (angkot) drivers/owners; Transportation Preparing land for depots, stations and selected road bodies as BRT Agency (Dishub) corridors; 24 Official Use Institution Duty and Authority Working together with the Ministry of Transportation, Dishub of Bandung City, Dishub of Cimahi City and West Bandung Regency in handling the impact of BRT on angkot and AKDP; Establishing communication with the Organda/Indonesian Transportation Society in an effort to restore the socio-economic conditions for angkot drivers / owners affected by BRT; Proposing a budget plan to support the socio-economic recovery of residents affected by BRT; Carrying out socialization, consultation and management of the socio-economic impacts of BRT; Collaborating / coordinating with the Department of Manpower regarding training programs for affected residents. Department of Responding to requests from Ministry of Transportation / Regional Highways Center for Land Transportation / Provincial Transportation Agency regarding the request for the permit to use provincial roads as BRT corridors. Government of Bandung City Bappeda Preparing a budget for handling the social and environmental impacts, especially the land acquisition (if any) and economic recovery for the residents affected by the BRT project based on a proposal from Transportation Agency; Organizer of cross- institutional coordination in Bandung Synergizing the program/training between Department of Manpower and Transportation Agency related to the efforts to handle the socio- economic impacts for angkot drivers/owners. Dishub Together with Provincial Transportation Agency: Preparing the land for depots, stations and selected road bodies as BRT corridors; Proposing a budget plan for the land acquisition, economic improvement of affected residents; Carrying out socialization, consultation and implementation of the handling of the social impacts of BRT in Bandung City; Building cooperation/coordination with the Department of Manpower in the training programs for residents; Building communication/cooperation with Organda of Medan City in an effort to restore the socio- economic conditions for angkot drivers / owners affected by BRT. 25 Official Use Institution Duty and Authority Department of Responding to a request from the Ministry of Transportation Highways regarding the use of Bandung City roads as BRT corridors. Government of Cimahi City Bappeda Preparing a budget for handling the social and environmental impacts, especially the land acquisition (if any) and economic recovery for the residents affected by the BRT project based on a proposal from Transportation Agency; Organizer of cross- institutional coordination in Cimahi Dishub Together with Provincial Transportation Agency: Preparing the land / roads for BRT corridors; Proposing a supporting budget for preparing corridors and construction of bus stops in Cimahi; Carrying out socialization, consultation and implementation of the handling of the social impacts of BRT corridors in Cimahi City Government of Bandung Regency Bappeda Preparing a budget for handling the social and environmental impacts, especially the land acquisition (if any) and economic recovery for the residents affected by the BRT project based on a proposal from Transportation Agency; Organizer of cross- institutional coordination in Bandung Regency Dishub Together with Provincial Transportation Agency: Preparing the land / roads for BRT corridors in Bandung Regency; Proposing a supporting budget for preparing corridors and construction of bus stops in Bandung Regency; Carrying out socialization, consultation and implementation of the handling of the social impacts of BRT corridors in Bandung Regency Government of West Bandung Regency Bappeda Preparing a budget for handling the social and environmental impacts, especially the land acquisition (if any) and economic recovery for the residents affected by the BRT project based on a proposal from Transportation Agency of West Bandung Regency; Organizer of cross-institutional coordination in West Bandung Regency Dishub Together with Provincial Transportation Agency: Preparing the land / roads for BRT corridors in West Bandung Regency; Proposing a supporting budget for preparing corridors and construction of bus stops in West Bandung Regency; Carrying out 26 Official Use Institution Duty and Authority socialization, consultation and implementation of the handling of the social impacts of BRT corridors in West Bandung Regency Government of Sumedang Regency Bappeda Preparing a budget for handling the social and environmental impacts, especially the land acquisition (if any) and economic recovery for the residents affected by the BRT project based on a proposal from Transportation Agency of Sumedang Regency; Organizer of cross-institutional coordination in West Bandung Regency Dishub Together with Provincial Transportation Agency: Preparing the land / roads for BRT corridors in Sumedang Regency; Proposing a supporting budget for preparing corridors and construction of bus stops in Sumedang Regency; Carrying out socialization, consultation and implementation of the handling of the social impacts of BRT corridors in Sumedang Regency World Bank Providing loans for IMTPSP Monitoring and evaluating project activities and impacts as well as conformity of Environmental and Social Safeguard practices with the WB ESMF/ESS. 6.1. Assessment of Institutional Capacity The government of West Java Province has been involved in various land acquisition processes in a large scale, for example the land acquisition for Jati Gede Dam, Sumedang (2005-2012), Kertajati Airbase, Majalengka (2018), Flyover at Jl. Jakarta- Jl. Laswi-Jl. Pelajar Pejuang 45, and Fly Over Kopo in Bandung City (2018-2020), where the Regional Government also contributes to allocating the land acquisition budget. One of the ongoing construction works is Flyover at Jl. Jakarta Laswi-Jl. Pelajar Pejuang 45. In the current procurement process, in addition to referring to World Bank ESS 5, the Government of the Republic of Indonesia has also issued PP no. 19/2021 (Appendix 1) concerning the Implementation of Land acquisition for Development in the Public Interest, explaining: (i) Land acquisition is an activity to provide land by means of providing appropriate and fair compensation; (ii) institutions requiring land need to prepare a Land acquisition Plan; (iii) In the land acquisition process, it is necessary to form a Land acquisition Preparation Team, Study Team, and Work Unit. The teams and work unit are formed by the Governor/Regent/Mayor in accordance with the land acquisition territory; (iv) Consultation with the affected land owners; (v) Land and asset valuation is carried out by a Licensed Independent Appraiser from the Ministry of Finance. 27 Official Use With the experience as described above, the Government of West Java Province and the City/Regency in Bandung Raya already have the experience/capacity in preparing and implementing land acquisition for the public interest, so that the Government of West Java Province will be able to organize the land acquisition in the IMTPSP program in accordance with Indonesian laws and World Bank ESS 5. The land that needs to be acquired, according to the Bandung Raya BRT Design Concept is the land acquisition in six (6) locations for the adjustment/feasibility of the dimensions of the stations / bus stops (± 1.875 m2) and the preparation of a depot (1.1 ha) in 1 location. 7. ELIGIBILITY AND THE ENTITLEMENTS Residents who are entitled for compensation and socio-economic assistance are those who are affected by the land acquisition for stations and depots, as well as the residents who have lost their livelihoods due to the operation of the Bandung Raya BRT, as identified in the field visit and discussions with Organda and Transportation Agency of Bandung City and Bandung Regency. The table below is the criteria for project-affected parties. Preliminary assessment of impacts to the angkot operators and mitigation measures to be developed during implementation is presented in the Bandung BRT preliminary ESIA. Table 6: Entitlement Matrix Project Affected Persons Entitlements Land/asset owners who lose land Compensation for loss of land and other assets and/or other assets (including attached to the lost land, based on value assessment buildings, structures, utilities, trees, carried out by licensed independent appraisers etc.) and loss of income. consistent with replacement cost principles outlined in SPI 306, which is consistent with ESS 5. Land/asset owners who lose Compensation for the loss of sources of income or temporarily or permanently their livelihoods based on the value assessment for non- sources of income or livelihoods. physical aspects carried out by licensed appraisers and facilitation for livelihood restoration include alternative location for the affected businesses and transitional allowance. Persons who own and occupy dwellings Compensation for loss of dwellings and other structure, and other structures built on state or for income sources or livelihoods and resettlement government land without any assistance, based on the assessment of the licensed appraisers.1 Assistance to livelihood restoration 1 There was an issuance of Presidential Regulation 56/2017 (May 31, 2017) on “Handling Social Impacts for the Provision of Land for National Strategic Projects”, compensation for those occupying government and state land, recognized having occupied such land for continuously at least ten years, compensation includes cost for dismantling houses, mobilization, house rent and support for income loss, and they are defined based on valuation of an independent party. 28 Official Use recognizable legal right or claim to the includes alternative location for the affected businesses land they occupy. and transitional allowance. Renters of dwellings and other The project provides sufficient time (at least 2 months structures built on state or government from the cut-off date/at the time of census survey) for land without any recognizable legal the renters to find another place or other assistance right or claim to the land they occupy. agreed by renters and agency/entity which may include moving allowance and transition allowance and livelihood assistance. Renters of dwellings who may lose paid The project provides sufficient time (at least 2 months rent or lease agreement from the cut-off date/at the time of census survey) for the renters to find another place; any improvements/construction added by renters and leaseholders will be compensated at replacement cost and paid to renter/leaseholder. Owners will not get compensation for such improvements/construction; payment for the lost paid rent/ lease agreement; other assistance agreed by renters and agency/entity which may include moving allowance and transition allowance and livelihood assistance. Sharecroppers Assistance to livelihood restoration include. Encroachers, i.e., persons who Compensation for building and structures. Assistance to aggrandize or extend their personal livelihood restoration , and facilitation to access holdings by encroaching adjacent state public housing and transition and moving allowance as or government land well as improvement to site. Squatters Compensation for building and structures. Assistance to livelihood restoration include alternative location for the affected businesses (if any) and transitional allowance and facilitation to access public housing and transition and moving allowance as well as improvement to site. Encroachers who entered the project Not entitled to any compensation area after the publicly announced cut- off date Cut-off date: a cut-off date of eligibility refers to date when cadastral measurement of the proposed sites is completed. The date will be publicly disseminated and affected communities are aware of the terms and conditions. The cut-off date set the time limits to determine eligibility of persons living and/or with assets or interests inside the sites proposed for the project activities. People who encroach the 29 Official Use project area after the cut off-date will not be entitled to compensation. For this project, the cut-off-date will be the day when the census is taken. The exact cut-off-day will be determined in the final LARAP, taking into account the progress in procurement process so as to avoid creating a long lapse between the cut-off-date and the start of civil works.. 8. ASSESSMENT OF LOSS COMPENSATION The assessment of loss compensation of project-affected parties will be carried out by a Licensed Independent Assessment Team from Ministry of Finance who will be appointed by the Regional Government. The assessment results will be the basis for the Regional Government to prepare the compensation for those entitled. Assets assessed include land, buildings, trees and other assets on land that have economic value in accordance with Article 6, para (9) PP no. 19/2021. The valuation of the price of buildings, plants and other assets is based on the latest unit prices issued by the Local Government. If the Regional Government does not yet have a unit price, they can refer to the unit price of another Regional Government which is equivalent to Bandung City. The detailed assessment of components and amounts will be carried out when the location and area of land/buildings that will be affected by the project have been determined. At this stage, the rough estimate amount of compensation to be paid to the potentially affected people is approximately IDR 40,510,000,000. This number will be evaluated and revised once the detailed survey has been carried out. The local government of each of the impacted areas will be responsible to allocate budget for the land acquisition and livelihood restoration programs with potential support from the West Java Provincial authority. 9. COMMUNITY PARTICIPATION In preparing the BRT program in Bandung Raya, the organizers of the FS and Design Concept have held several activities related to community participation including consultations with Organda of Bandung City and West Java Province (including representatives of public transport operators), and the public consultation will continue on IMTPSP activities such as preparing environmental documents, definitive land acquisition documents, land acquisition processes, and preparation of physical works. The public consultation will be held by the Transportation Agency of West Java Province with various stakeholders/community representatives, including: Head of Village/community representatives where the road will be crossed by BRT, Public Transport Cooperatives such as Kobanter, AKDP, and groups of angkot drivers/owners. The plan for community participation in the land acquisition process for Bandung Raya BRT is presented in Table 8 below. Table 8: Community Involvement / Participation Plan 30 Official Use Method of Activity Party to involve engagement / Party Responsible consultation Census of affected Social Face to face/deep PMU residents based on Consultant; land interviews; question DED document owner naire Field Measurement DED Team and land surveying PMU Social process Consultant; land owner/representativ e; Transportation Agency Determination of Transportation The determination PMU and the location affected Agency, BPN process of location Transportation Agency by the project Office and dimensions of land / assets affected by the project Survey of land Independent Deep interview and Transportatation objects and subjects Valuation Surveyor questionnaire Agency of Bandung that will be affected Team; Land / Asset City / West Java by the Project Owner Province Validation of Independent Face to face Transportatation survey results of Valuation Team; Agency of Bandung land objects and Land / Asset Owner City / West Java subjects that will be Province affected by the project Discussion on the Land acquisition Face to face Transportatation determination and Team / KDP; Land / Agency of Bandung process of payment Asset Owner City / West Java / compensation of Province land / assets affected by the project 31 Official Use 10. ALTERNATIVE REVIEW In the stage of BRT design planning, there are approximately 10 potential depot locations, including several privately owned lands (Table 9). Table 9: Locations of Potential Depot for Bandung Raya BRT Depot Area (ha) Owner 1. Kebon Kawung 1.1 PT KAI/DAMRI 2. Soekarno Hatta 0.9 PT DAMRI 3. Gedebage 3.6 Transportation Agency 4. Soreang 0.5 Individual 5. Jl. Mahar Martanegara 5.7 Individual 6. Jl. Sukasari 2.4 Individual 7. Jl. Terusan Pasir Koja 1.6 Individual 8. Jl. Sukabumi 5.7 PT KAI 9. Jl. Sekajati 9.5 Individual 10. Jl. Terusan Jakarta 8.6 Individual To minimize the impact of land acquisition, the Regional Government seeks to optimize state- owned land such as existing terminals/depots or other state lands such as the Damri depot in Kebon Kawung (1.1 Ha) owned by PT. KAI and used as a depot by PT Damri and other Auto Bus companies. In addition, several efforts will be made to reduce the impact of land acquisition as follows: i. Cooperating with building owners around the planned stations/bus stop locations. They can provide part of the land for the stations/bus stops, then the owner will have employee/customer/guest access through the stations/bus stops; 32 Official Use ii. Setting up multi-story depot buildings at Kebon Kawung, where bus parking and workshop areas are placed on the lower floor, and the office/warehouse/control system (IT) for bus operations can be on the upper floor. GRIVANCE REDRESS MECHANISM The land acquisition and social handling of a project in cities are complex processes that must be carried out. Apart from efforts to plan and implement the land acquisition and although everything has been prepared as well as possible, there will always be grievances from the affected residents and other stakeholders. Ignoring them will accumulate dissatisfaction among the affected residents, so that the problem can escalate and it risks and threatens the sustainability of the project. Therefore, it needs to be managed properly. WB has established policies in ESS5 regarding GRM. Below are the main points of ESS5 regarding the mechanism: ● Establish a mechanism for handling complaints, so that it can resolve the residents' concerns and inform them of the availability of the GRM; ● Adjust the scale of the GRM to the risks and impacts of land acquisition posed by the project; ● Design the mechanism using processes that are easy to understand and transparent, gender sensitive, culturally appropriate, and easily accessible; ● Include protections for the complainant to avoid threats of retaliation, and to disguise their identity if requested; ● Disclose reports on efforts to improve the situation being concerned and the results achieved; ● Determine the improvement of the said situation and the results in accordance with the requirements of ESS5 in Information Disclosure. The grievance redress process will include three stages shown in the diagram below. The IMTPSP will assign officers to receive and handle the residents’ complaints. In receiving and handling complaints, the Grievance Redress Team will follow the steps that have been set. The list of Grievance Redress Team members will be provided when the project starts, and the team composition will be updated according to conditions and needs. The three stages of GRM can be described as follows: 33 Official Use Figure 2: Stages of GRM Process Stage 1 Stage 2 Stage 3 Receive and Facilitate Investigate Problems and Sustainable Problem Resolution Complaints Causes of Complaints Table 10: Roles and Duties of GRM Role Assignment GRM Officer at PIU Receive and record complaints; Level Identify and assess risks; Forward the grievance to the Head of PIU (Dishub of West Java Province), the responsible agency/institution in the Province/City/Regency of West Java; Inform the complainant about the complaint handling process at IMTPSP Head of PIU Validate the level of complaints based on the risk assessment; Establish and assign an Investigation Team; Prepare recommendations for complaint handling, including costs; Propose corrective actions to the implementation team. PMU/CPMU Review the investigation Results; Approve the proposed action for handling complaints; Assign the GRM Implementation Team. Risks related to the compliants may include the following, but are not limited to: ● dissatisfaction with land acquisition and loss of livelihood of project-affected parties; ● health and safety issues for workers and residents; ● delayed work progress; ● causes of loss of access/finance for residents; ● causes of community dissatisfaction and disruption to work; ● other parties taking part in the protest. The complaints are responded to/handled as soon as possible. High-risk grievances must be responded to within 1 x 24 hours. The IMTPSP will make efforts to resolve the high-risk 34 Official Use complaints no later than 2 weeks after the date of grievance, as well as accelerate the settlement and closure of cases within 30-45 days. Classification of complaints is described in the table below. Table 11: Classification of Complaints and Risks of GRM Risk Response Risk 2 Risk 1 (High) Risk 3 (Low) (Moderate) Responding period 1x24 hours 2 x 24 hours 2 x 24 hours Completion period 5 days 7 days 14 days Closing period 30-45 days 14 days 7 days Investigated by leaders Yes Yes No need Review PMU-PIU PIU - Closing PIU PIU PIU Figure 3: Flow of GRM Process Investiga GRM Team at Complaint PIU GRM Leader tion Related Institution PMU Level Team 35 Official Use Complaint Record the complaint; Done Complaint Identify; delivered Classify; through: List of social media, Complaint phone, letter, Result or by visit Agreed the office personally 1-2 Resolution Risk Valid? Investigation 3 Valid? No Investigation Procedure: Every complaint is resolved at the PIU level. The investigation begins when the field officer is unable to resolve the complaint: 1) Based on the report from the GRM team, the head of PIU will assign the investigation team to conduct an assessment of losses, root causes, and propose recommendation/remedial actions/settlement. 2) The head of the PIU will assess the proposed recommendation/remedial actions/settlement from the investigation team, if the proposal is accepted, it will be continued to the implementation of the recommendations; 3) If the recommendations cannot be implemented/unacceptable by the parties, the PIU will submit it to the PMU for follow-up and resolution through coordination between PMU-PIU-technical institutions related to grievance and complainants; 4) If no agreement/settlement is reached, the parties will take the legal process. In addition to the above procedures, IMTPSP will utilize Lapor (Ombudsman) and the World Bank's grievance redress mechanism. The procedures through Lapor Channel and World Bank website are presented below. 36 Official Use How to submit a complaint through Lapor Channel: 1. Click : LAPOR! - Layanan Aspirasi dan Pengaduan Online Rakyat (https://www.lapor.go.id) 2. Register 3. Fill up the form as right 4. Send. Submission of Complaints through World Bank website: http://www.worldbank.org/en/projects-operations/products-and-services/grievance-redress- serviceand www.inspectionpanel.org 11. MONITORING AND REPORTING The IMTPSP will monitor and report on the implementation of the land acquisition process by following the following guidelines: ● Monitor and assess the resettlement outcomes and their impacts on the standard of living of the resettled residents, and whether the objectives of the LALRP have been achieved; ● Consider the initial conditions of PAPs prior to the resettlement and compare them with the results of monitoring of resettlement; ● Disclose the monitoring reports in accordance with Information Disclosure obligations under the ESS5 standard; ● Consider collaborating with third parties (consultants) who have qualifications and experience in implementing the monitoring programs. The status of the implementation of the LALRP will be monitored and reviewed by a third party who will be appointed by the PMU. Delayed obligations that should be implemented/followed-up to address issues will be included in the report. As part of the monitoring, a public perception 37 Official Use survey will be conducted. The third party will monitor according to the main indicators detailed in the approved LALRP, including: ● Consultation process; ● The affected residents who meet the requirements to receive compensation/assistance; ● Transfer and relocation assistance (if any); ● Delivery of assistance; ● Implementation of livelihood restoration plans for the project-affected parties, including the effectiveness of livelihood restoration; ● The effectiveness of the grievance redress mechanism – for example: the number and types of grievances and their follow-up. The data is organized by gender component. The monitoring results are reported to PMU. The PMU will carry out monthly monitoring, and if necessary, the monitoring can be carried out as soon as possible. The description of monitoring is presented in the table below. Table 11: Monitoring Indicators and Data Required Monitoring Indicator Data to be collected Consultation Process Documents/reports of the results of the preliminary consultation to disclose the project plan and rights of project-affected parties Documents/reports on the results of consultation meetings to disclose and discuss LALRP documents Documents/reports on the results of consultations to discuss various issues related to life in the project- affected parties Consultation meeting to discuss various matters related to the project-affected parties, as well as the rights and obligations of the Regional Government /IMTPSP Project, and project-affected parties Project-affected parties who List of recipients of compensation / assistance meet the requirements for compensation Compensation for loss of Number of residents affected by the project who have residential buildings/business received compensation for buildings and other assets; places and other assets relocation assistance, including special arrangements for individuals with disabilities, pregnant women, infants and other vulnerable residents during relocation; 38 Official Use Monitoring Indicator Data to be collected Provision of building demolition assistance, and building owners may save/use any building materials they want; New place of residence/business including infrastructure such as toilets, clean water, access to health and education service Income recovery for residents Number of project-affected parties who received who have lost their assistance and/or cash compensation in exchange for the livelihoods/sources of income lost income caused by loss of livelihood sources in any form from the use of land/buildings Recovery for residents who Number of households affected by the project who have lost their livelihoods due received assistance, training and new jobs. Such to the land acquisition assistance will also be provided for women and heads of families with disabilities Effectiveness of Grievance Number of grievances, settlements, and time required to Redress Mechanism complete. The data should be organized by gender Public Health Prevalence of communicable and non-communicable diseases condition of health facilities Education Number of schoolchildren affected by gender, age, school and grade; Obstacles on the way to school from the new location, compared to the previous location) Perceptions of the project- The residents' perception of the IMTPSP affected parties project; implementation of land acquisition, including compensation obtained, restoration of livelihoods, health facilities, settlement of grievances and conflicts 12. IMPLEMENTATION SCHEDULE AND BUDGET ESTIMATE FOR BANDUNG RAYA BRT The implementation of IMTPSP is planned for 84 months, since the World Bank loan to the Government of Indonesia is declared effective. The preparation of the Definitive LPLRP document to ensure that it is final, including obtaining approval from the PMU (Kemenhub) and obtaining a No Objection Letter (NOL) from the World Bank in Q2 2022, and implementing the land acquisition: (i) transfer of management of special corridors and permits for utilization of National Roads, Provincial Roads, and City/Regency Roads have been completed; (ii) payment of compensation for the residents’ assets and/or property (if any) including assistance for loss of 39 Official Use livelihood sources (if any) is ‘clear and clear’ before the physical work of the depots an d stations begins (Q4 2022). Types of Activity Plan and a rough estimate of the required budget are presented in Table 12 below: Table 12: Proposed Implementation Schedule of Land acquisition and Livelihood Restoration Programs of Project-affected parties (if any) Implementation Plan No. Activity (Q4 2021-Q3 2022) 1 Preliminary consultation to reveal the project activity plan Q4 2021 2. Determination of locations of depots, corridors and Q4 2021 stations by the government of West Java Province 3. ● Determination of locations of land acquisition Q4 2021 – Q2 2022 ● Identification of residents affected by the planned Kebon Kawung Depot and stations; ● Identification of alternative interests of affected residents; ● Cut of date of affected residents (by name, by address); ● Determination of the land acquisition team; ● Survey of land subject and object; ● Preparation of a budget for the land and asset appraisal team to be handed over, including compensation for the affected residents (if needed); ● Appointment of the Asset and Land Appraisal Team to be handed over; ● Consultation on the assessment results of the asset and land appraisal team; ● Determination of compensation; ● Giving the compensation. 4. Preparation of budget Q1 2022 The process of transferring the function to the special lane, Kebon Kawung Depo and Recovery of Affected Residents’ Livelihood 5. Organizing and implementing compensation for residents Q 4 2022 – Q 2 2023 affected by land acquisition 40 Official Use Implementation Plan No. Activity (Q4 2021-Q3 2022) 6. Disclosure of Land acquisition documents and Q2 2022 consultations to discuss the fulfillment of the requirements and rights of: (i) affected residents, including the loss of livelihoods; (ii) disturbance/damage to buildings and/or assets due to project activities. 8. Payment of compensation for assets/buildings affected by Q4 2022-Q1 2023 the project 9. Demolition of buildings/parts of buildings/assets affected Q1 – Q 2, 2023 by the project 10. Providing assistance as compensation for lost sources of Q4 2022-Q1 2023 income 11. Regular (monthly) consultations to discuss matters related Q1 2022-Q4 2023 to land acquisition and livelihoods of residents affected by the BRT project 12. Grievance redress from project-affected parties Q1 2022-Q4 2023 13. Monitoring and reporting of LPLRP Implementation Q4 2021-Q4 2023 Total At this stage, the rough estimate amount of compensation to be paid to the potentially affected people is approximately IDR 40,510,000,000. This number will be evaluated and revised once the detailed survey has been carried out. Preparation and implementation of the land acquisition document including the livelihood restoration programs will be the responsibility of the government of Bandung City/West Java Province/or becoming the responsibility of the Regional Government in accordance with the administrative area, where the asset control is / source of livelihood is located; or each Regional Government will be responsible according to the control area of asset / livelihood source (Bandung City, Cimahi City, Bandung Regency, West Bandung Regency, and Sumedang Regency). 41 Official Use APPENDICES APPENDIX 1: Cross Section of Existing Road Conditions, Corridor Plan and Station Plan 42 Official Use APPENDIX 2: Cross Section and Dimensions of Bandung Raya BRT Stations According to Design Concept 43 Official Use 44 Official Use APPENDIX 3 : IMTPSP Organization Structure 45 Official Use