SFG1325 V7 GOVERNMENT OF THE SPECIAL CAPITAL CITY REGION OF JAKARTA PROVINCE WATER RESOURCES AGENCY Jalan Taman Jatibaru No. 1 Telephone (021) 3846608 – 3848435 Facsimile (021) 3850255 Website: www.sumberdayaair.jakarta.go.id E-mail: sumberdayaair@jakarta.go.id JAKARTA Postal Code: 10150 LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) LOCATION UPPER SUNTER DRAIN JATINEGARA KAUM SUB-DISTRICT, PULOGADUNG DISTRICT EAST JAKARTA Revision: April 2017 LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN Table of Contents I. INTRODUCTION..................................................................................................................... 1 1.1. Background ...................................................................................................................... 1 1.2. General Description of Project ....................................................................................... 1 1.3. Potential Impacts of Embankment Rehabilitation and Dredging Activities ................. 2 1.4. LARAP Preparation Objective ........................................................................................ 4 II. CHARATERISTICS OF PEOPLE, LANDS AND STRUCTURES POTENTIALLY AFFECTED BY PROJECT ............................................................................................................ 5 2.1. Description of Project Affected Lands ........................................................................... 5 2.2. Summary of Project Affected Structures ....................................................................... 6 2.3. Description of Project Affected Inhabitants ................................................................... 7 2.4 Legal Analysis ................................................................................................................ 12 2.5. Institution ........................................................................................................................ 14 III. IMPLEMENTATION FOR HANDLING PROJECT AFFECTED PEOPLE .................... 17 3.1. Policies of the Government of Jakarta for River/Canal/Reservoir People ................ 17 3.2. Monitoring and Evaluation ............................................................................................ 19 3.3. Complaint Handling ....................................................................................................... 20 3.4. Implementation Plan ..................................................................................................... 20 i|P age LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN LIST OF TABLES Table 1 Summary on Lands Potentially Affected by Project ……………….. 6 Table 2 Summary on Project Affected Structures …………………………… 6 Table 3 Summary on Profile of Project Affected People ………………… 7 Table 4 Summary on Project Affected People Economic Activities … 8 Table 5 Summary on Project Affected People Economic Condition … 9 Table 6 Summary on PAPs Facilities and Infrastructures.………………… 10 Table 7 Summary on PAPs Perceptions and Aspirations…………………... 11 Table 8 Summary on Vulnerable Groups and School Children …………… 12 Table 9 Implementing Institutions of Upper Sunter Resettlement Activities.. 14 Table 10 Action Plan for the Handling of Upper Sunter PAPs……………… 21 LIST OF ATTACHMENTS Attachment 1 Cross-Section Sample of Dredging Activity in Upper Sunter..... 23 Attachment 2 Pictures of Conditions Project Location.………………………. 24 Attachment 3 Map of Project Location ………………………………………... 25 Attachment 4 List of Project Affected People and Assets …………………… 26 Attachment 5 Sketch of Project Affected People in Upper Sunter …………. 27 Attachment 6 Summary on Project Affected People in Upper Sunter Drain… 33 Attachment 7 Regulations related to JUFMP Land Acquisition and Resettlement………………………………………………………. 36 ii | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN I. INTRODUCTION 1.1. Background The Jakarta Urgent Flood Mitigation Project-JUFMP is a joint initiative of the Government of the DKI Jakarta Province, the Central Government, in this case the Ministry of Public Works (now the Ministry of Public Works and Public Housing), and the World Bank in the efforts of flood handling in Jakarta. Control over floods in Jakarta requires large-scale rehabilitation on rivers, canals and reservoirs. Rehabilitation must be accompanied with flood management planning to ensure optimum system operation. The 2007 post-flood simulation result showed that physical works on 12 canals/rivers and 4 main reservoirs in Jakarta by recovering the flood control system and function to their initial designs were predicted to reduce 40% of the flood inundation area or to secure approximately 1 million Jakarta people. The Rivers/Canals and Reservoirs handled are Sunter (Upper Sunter and Lower Sunter), Cengkareng Drain, Ciliwung-Gunung Sahari Drain, Sentiong-Sunter Drain, Melati Reservoir, Cideng-Thamrin Drain, South Sunter Reservoir, East Sunter III Reservoir, North Sunter Reservoir, Lower Angke Drain, Tanjungan Drain, West Banjir Kanal, Grogol-Sekretaris Drain, Pakin-Kali Besar-Jelakeng and Krukut Cideng Drain. However, Canal/River and Reservoir dredging work also has the potential of bringing social impact in the form of relocation of the community structures required in the embankment rehabilitation and dredging works. One of the potential impacts arises on the community structures are hanging on the embankment and water body (State-Owned Land) in the Upper Sunter Drain. Therefore, the Government of the DKI Jakarta Province through the Project Implementing Unit (PIU) of the Water Resources Services Office has prepared Land Acquisition and Resettlement Plan (LARAP) for the activity concerned. 1.2. General Description of Project 1.2.1. Project Location Upper Sunter Drain is in Cipinang, Jati, Jatinegara Kaum, Kayu Putih and Pulogadung Sub-Districts, Pulogadung District. However, the potential affected 1|P a ge LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN people by the direct impacts of embankment rehabilitation and dredging activities are the community structures of Jatinegara Kaum Sub-District. Jatinegara Kaum covers an area of 123.45 Ha, with a total population of 12,789 people. The population composition comprises 24,197 males and 10,406 females. In addition, the number of foreign citizens is 10, comprising 4 males and 6 males. The total families recorded are 5,021 households (2012 data). the administrative area borders of Jatinegara Kaum are as follows: ● North : Jl. Palat, Pulogadung Sub-District ● West : Jl Bekasi, Jatinegara Sub-District ● East : Railway, Klender Sub-District ● South : Sunter drain, Cipinang Sub-District 1.2.2. JUFMP Plan in Upper Sunter Drain Upper Sunter Drain is under responsibility the Ciliwung Cisadane Regional Office (BBWSCC), the Directorate General of Water Resources, the Ministry of Public Works and Public Housing. Physical activities will be implemented for 14 months, starting from May 2017-June 2018. The activities in Upper Sunter i.e: ● Sludge dredging as far as 5,150 m (volume: 79,900 M3) ● Sludge transportation to CDF Ancol, East Ancol and disposal transportation to Bantar Gebang landfill, Bekasi ● Embankment rehabilitation along the 1,850 m1 (sporadic in 7 sites) The embankment rehabilitation and dredging works will be impacted to a small part of the structures are hanging on the drain (river body) such as fences, back of structure i.e. walls and terraces. The sample drawing and Activity Plan is presented in Attachment 1. 1.3. Potential Impacts of Embankment Rehabilitation and Dredging Activities Embankment rehabilitation and dredging activities in the Upper Sunter shall not widen the river body, instead they shall recover the river’s function to its initial design. The embankment rehabilitation and dredging activities shall affect the structures on the Upper Sunter Drain. The impacts are described below. 2|P a ge LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN a. Activities requiring Land Procurement In 2010, the Ministry of Public Works prepared embankment rehabilitation and dredging plan. The DED implementation is predicted to impact 722 community structures (draft LARAP 2010-Directorate of Coastal and Rivers, the Ministry of Public Works). The Community structure potentially affected by the project (PAPs) are categorized as Informal Settlers (“Encroachers” and “Squatters”). The structures potentially affected by the project are hanging structures on river – 2 meters from embankment. The PIU of the DKI Jakarta then has carried out resurvey based on the DED review prepared by the CPIU. The resurvey had been carried out from October 2013 to March 2014. Resurvey based on the DED review results concluded that the community potentially affected by the project amount to 111 households and determine that the number of WTP in the Upper Sunter reaches 111 households. On the other hand, the East Jakarta Municipality government through the Pulogadung District, Kayu Putih, Pulogadung, Jatinegara Kaum and Jati Sub-Districts had been evicting from October 2014 to April 2015. The eviction targeted 859 structures on sidewalks, drainages, park and local road. Out of the 859 structures evicted, 31 structures were recorded “cut-off date”. Those 31 structures comprised 28 chicken coops and 3 informal settlers. The eviction had not given any compensation to the evict victims. b. Structure location potentially affected by JUFMP The informal settlers in the Upper Sunter Drain are the issues that must be handled in the Jakarta Urgent Flood Mitigation project-JUFMP/Jakarta Emergency Dredging Initiative-JEDI activities. The structures are hanging on river body. The implementation of the DED review results is predicted to affect a small part of the informal settler structures, therefore the owner can still utilize the structures or relocation is not required. Parts of the structures affected by the project are, among others, kitchens, fences, and the rear walls of the houses. The structures condition is generally semi-permanent and temporary. (Attachment 2: Pictures of sites of the structures potentially affected by the project). 3|P a ge LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 1.4. LARAP Preparation Objective The aims of LARAP is intended to explain the principles, procedures and organization method to be applied in resettlement, namely as follows: a. Elaborating the method for/efforts of minimizing relocation and specifically elaborating compensation options to the PAPs. b. Determining in details resettlement support and particular support. c. Elaborating in details land acquisition and resettlement work plan. 4|P a ge LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN II. CHARATERISTICS OF PEOPLE, LANDS AND STRUCTURES POTENTIALLY AFFECTED BY PROJECT The draft LARAP document prepared by the Directorate General of Water Resources, the Ministry of Public Works and Public Housing in 2010 mentioned that the structures potentially affected by the project amounting to 722 units comprise houses, offices, trading facilities, and public facilities. DED review and data renewal had then been carried out from October 2013 to April 2014. The data renewal based on the DED review indicated that 111 households (476 people) utilizing the water body of the Upper Sunter Drain potentially affected by the project comprised: (i) 105 structures (individuals/companies/public/social facilities), (ii) 4 farm/kale yard slots; and (iii) 2 empty land. There were 2 households having more than 1 slot/asset. The municipality of East Jakarta through the Pulogadung District and Sub- District of Kayu Putih, Pulogadung, Jati Negara Kaum and Jati had been evicted around the Upper Sunter Drain from November 2014 to April 2015. The eviction was demolishing 859 structure units. Out of the 859 demolished structures, 31 units were part of the JUFMP/JEDI project PAP. The 31 structures comprised 28 chicken coops and 3 informal houses. The three informal houses were only partially affected, namely the terrace and front fence; therefore the owners could still utilize the structure. Whereas the 28 chicken coops were relocated by the owners nearby the location. From the aforementioned 28 chicken coops, there was a coop guard who was also working as garbage collector in the neighborhood group (RW) 05, Jatinegara Kaum Sub-District. The coop guard was facilitated by the neighborhood group (RW) 05 administrator to live surrounding the relevant RW. 2.1. Description of Project Affected Lands The utilizers of the Upper Sunter drain body potentially affected by the project amount to 111 households (now left 80 households, while 31 households had been demolished in the eviction from November 2014 to April 2015). The water body utilized by the people covers an area of 524,104 m2. Related to land ownership status: (i) 11 households (10%) act as cultivator, (ii) 100 households 5|P a ge LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN (90%) act as land owners, renters/others (staying over and cultivating) and Public/Social Facilities. Based on the census survey, was received the following acknowledgement of ownership on land: (i) 8 households with Ownership Right Certificates (7%); (ii) 69 households with Sub-District Sale and Purchase Deeds/Notary Deeds (62%); (iii) 3 households with “letter C” customary titles (3%); (iv) 6 households were not answering (5%); (v) 19 households occupying other person lands (17%) and (vi) 6 households on State Lands (5%). Table 1: Summary on Lands Potentially Affected by Project Land No Number of Respondents’ Answers and percentage (%) Remarks Description 1. Land State-Owned Land Land under Ownership Right Ownership (5%) (89%) Status 2. Land Available Unavailable Not Answering Public/social ownership at facility other places (19%) (70%) (4.50%) (6%) 3. Land Purchase Heritage/Grant Others No Answer acquisition (57%) (5%) (31%) (2%) method 4. Utilization Dwellings Business Field Public Others Others: (63%) Places (5%) Facilities (17%) chicken coops/ and (9%) (6%) empty lands 2.2. Summary of Project Affected Structures Community structures potentially affected by the project number to 105 units comprising: (i) informal settlers (50%); (ii) housing and business places (24%); (iii) business places (8%); (iv) chicken coops, fields, fish pond (6%); and (v) public/social facilities (6%), with permanent, semi-permanent and nonpermanent/temporary structure conditions. Table 2: Summary on Project Affected Structures No. Form of Loss Amount Remarks 1. Informal Settlers (50%) Structure conditions: Permanent, 2. Housing and Business Places (24%) Semi-permanent, nonpermanent/ 3. Business Places (8%) temporary 4. Chicken Coops (6%) 5. Public/social Facilities (6%) TOTAL: (100%) 6|P a ge LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 2.3. Description of Project Affected Inhabitants 2.3.1. Profile of Project Affected People The project affected people profile of the Upper Sunter comprises as follows: Sex: comprising (i) 87 males (78%) and 13 females (12%). Age: aged 40 to 50 years (25%), aged 50 to 55 years (24%), aged 30 to 40 years (productive age) (22%), aged > 55 years (18%), aged 20 to 30 years (1%); and not answering/owners unknown (10%). Education: mostly declare as Senior High School/Islamic Senior High School/ equivalent graduates (38%), followed with Elementary School/Islamic Elementary School/equivalent graduates (25%), Junior High School/Islamic Junior High School/ equivalent graduates (17%), not in school (6%), Bachelor Degree (S1) graduate (3%), academy graduate (D1/D2/D3) (1%) and not answering/owners unknown (10%). Main profession of household head: business/traders (25%), labors (13%), housewives (7%), others/not working, scavengers or casual callers (7%), drivers (5%), Indonesian Army/Police officers (5%), Civil Servants (1%), and not answering/unknown (10%). Related to Marital Status: PAPs declared themselves as married (78%), widows (8%), widowers (2%), single (2%) and not answering/unfound (10%). Table 3: Summary on Profile of Project Affected People Profile No Profile of Inhabitants (Number and Percentage) Remark Description 1. Sex Males Females (10%) (78%) (12%) no 2. Age (years) 20-30 30-40 40-50 50-55 >55 answer (1%) (22%) (25%) (24%) (18%) ed 3. Education Not in Elementary Junior High Senior S1/Diploma School School School High Graduates (6%) Graduates (17%) School (4%) (25%) (38%) 4. Main Civil Servants/ Housewives Private Drivers profession of Army/ Police (7%) Employees (5%) household (5%) (22%) head Labors Entrepreneurs Others (13%) (31%) (7%) 5. Marital Married Widowers Widows Single Status (78%) (2%) (8%) (2%) 7|P a ge LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN Profile No Profile of Inhabitants (Number and Percentage) Remark Description 6. Origins of husband and Both are wife local and people wife are local comer husband comer (70%) (19%) (1%) 7. Identity Card Without ID Cards ID card address is ID card address is not (2%) in accordance with in accordance with the the current location current location (68%) (21%) Origins and Population Statuses: The PAPs declared themselves as local people-husbands and wives (70%), husbands as comer and wives as local people (19%), and wives as local people and husbands as comer (1%). Related to Identity Card (KTP) ownership: 75 (68%) people declared having Identity Cards with similar addresses of the affected assets (68%), 21% declared having Identity Cards with addresses different from the affected assets, 2% declared not having ID Cards and 10% were not answering/unfound. 2.3.2. Project Affected People Economic Activities in the Project Site The PAPs types of businesses potentially affected by the project comprise: do not run business in the site/for living only (56%), empty lands and others (animal husbandry, field, storehouse) (25%), declared having grocery store/food stall/office business (13%). In relation to business ownership pattern: mostly were not answering (not having any business) (56%), having their own businesses (36%), profit sharing (2%). For businesses at other places: not answering (56%), having businesses at other places (37%), and 1% not having businesses at other places. Related to business plans after being affected by the project: not answering (56%), continue running the same business (23%), others (not running any more businesses continued due to land requirement) (15%) and start running new businesses (2%). Table 4: Summary on Project Affected People Economic Activities No. Description Survey Results 1. PAPs type of businesses Animal Business at other Food stall, husbandry/ Fish places grocery store, pond/ Farming/ office Storehouse (25%) (56%) (13%) 8|P a ge LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN No. Description Survey Results 2. Business ownership Own businesses Profit sharing Others pattern (36%) (2%) (56%) 3. Business at other places Unavailable Available (56%) (37%) 4. Business plan after being Continue running Start running new Not running any affected by project the same businesses more businesses businesses (23%) (2%) (14%) 2.3.3. Project Affected People Economic Condition The people potentially affected by the project with income IDR. 1,000,000 to IDR. 2,000,000/month (29%), those declaring a total income of the entire family members > IDR. 3,000,000/month (20%), those declaring a total income of IDR. 2,000,000 to IDR. 3,000,000/month (16.22%), those declaring an income of IDR. 500,000 to IDR. 1,000,000/month (14.41%), those declaring a total income of < IDR. 500,000/month (1%), and those not answering/unknown owners (4%). Those with a total spent cost for daily living the entire family members of IDR. 1,000,000 to IDR. 2,000,000/month (42%), those answering IDR. 2,000,000 to IDR. 3,000,000/month (21%), those answering < IDR. 3,000,000/month (16%), those answering IDR. 500,000 to IDR. 1,000,000/month (10%) and those answering < IDR. 500,000/month (1%), and those not answering/unknown owners (3.60%). Based on the illustration received in respect of family transportation cost spending: 13% spend < IDR. 10,000/day, 55% spend IDR. 10,000 – IDR. 25,000/day, and 21% spend > IDR. 25,000/day. Table 5: Summary on Project Affected People Economic Condition No. Description Survey Results 1. Other family Available Unavailable members in addition (27%) (59%) to households heads working 2. Total income < 500,000 500,000-1 million 1 million- 2 million (IDR/month) (1%) (14%) (39%) 2 million-3 million > 3 million (16%) (20%) 3. Total spending < 500,000 500,000-1 million 1 million-2 million (IDR/month) (1%) (10%) 42%) 2 million-3 million > 3 million 9|P a ge LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN No. Description Survey Results (21%) (16%) 4. Family < 10,000 10,000-25 > 25 thousand transportation cost thousand (IDR/day) (13%) (55%) (21%) 2.3.4. Project Affected People Facilities and Infrastructures The use of electricity as lighting source generally is direct distribution from PLN/State Electricity Company (94%), followed with the people not having electricity lighting (5%), and those taking electricity from neighbors (2%). In respect of drinking water requirement, it is illustrated that the 8% of the project affected people rely on PAM/Local Government Water Enterprise, 78% of them buy water in retail and the remaining 14% use others. Referred to as others are pump wells/conventional wells. In relation to water of batching, washing and toilet purposes, most of the project affected people use pump wells and PAM. None of them are utilizing drain water. In respect of project affected people means of transportation, most of them use motorbike (45%), by foot (14%), public transport (19%), private/official car (10%), bicycle (3%), and others (10%). Table 6: Summary on Project Affected People Facilities and Infrastructures No. Description Survey Results 1. Lighting Source PLN-direct PLN-from Own No electricity connection neighbors generators (94%) 13%) (2%) 5%) 2. Drinking Water PAM: direct PAM: from Rivers Retail/ refill/ connection neighbors gallon water (6%) (2%) - (78%) Well Others (2%) (6%) 3. Water for PAM: direct PAM: from River Retail/ refill/ bathing, washing connection neighbors gallon water and toilet (9%) (5%) (1%) Well Others (75.68%) (9.91%) 4. Toilet Ownership Own toilets Public River Others toilets (59.46%) (3.60%) (28.83%) (3.60%) 10 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN No. Description Survey Results 5. Means of By foot Bicycles Personal/ Public transports transportation Official Motorcycles (13.51%) (2.70%) (45.05%) 18.92%) Official/personal Others cars (9.91%) (9.91%) 2.3.5. Perceptions and Aspirations Most of the inhabitants utilizing the Upper Sunter drain water body have known of the occurrence/plan of JUFMP (46%) and 44% declared they have not known about it. They have known of the project plan from the district head, sub-district heads, RT/RW, community leaders, media and neighbors. In respect of their opinions on the requirement for relocation to low-cost strata titles, 6% declared that they “disagree”, 32% declared that they “agree” and 56% did not answer. Table 7: Summary on Project Affected People Perceptions and Aspirations No. Description Survey Results 1. Occurrence of project Have Known Have not Known (49%) (44%) 2. Source of Information Apparatuses Community Neighbors (district head, leaders sub-district head, RT/RW) (60%) (7%) (18%) Media Others (2%) (3%) 3. Opinions on the Disagree Agree Did not requirement for relocation Answer to low-cost strata titles (6%) (32%) (56%) 4. Expectations/Suggestions Compensation Non- Agree for The best for eviction dredging the people (5%) (5%) (22%) (6%) No suggestion (62%) Project Affected People expectations/suggestions on the Upper Sunter Drain Dredging plan among others: agree with the project to avoid flood, compensation given on the assets lost, and not to perform control. 11 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 2.3.6. Vulnerable Groups and School Children Vulnerable groups in this elaboration includes those aged 55 years and above and those depending on other people. Used as the economic condition indicator is the “Sayogyo Parameter”: a person is called under poverty line if his/her annual income equals to 480 kg of rice. With the current rice price assumption of IDR.8000/kg, a person having income under IDR.320,000/month or IDR.1,280,000/family/month shall be deemed living under poverty line. The number of school children is predicted about 96 children. Table 8: Summary on Vulnerable Group and School Children No. Description Survey Results 1. Vulnerable Groups Poor Female Family Heads (person) 17 9 Aged Not having any land and or 20 house in other places 41 2. School Children Elementary School: 27 (person) Junior High School: 39 (person) Senior High School: 30 (person) 2.4 Legal Analysis Legal analysis on the laws and regulation is required for ensuring the effective implementation of resettlement activities in the Upper Sunter. It includes the following aspects: a. Planning, organization, and implementation aspect. The laws and regulations used as legal grounds for the implementation of land procurement are Law Number 2/2012 regarding Land Acquisition for Public Interest Development, Presidential Regulation No 71/2012 regarding Land Acquisition for Public Interest Development and the amendment regulations thereto, Regulation of the Head of National Land Agency No. 5/2012 regarding Technical Guidelines for the Implementation of Land Acquisition, then amended by Regulation of the Minister of Agrarian Affairs and Spatial Planning/the Head of National Land Agency No. 6/ 2015. The Resettlement Policy Framework (RPF) used as base for Resettlement Plan (LARAP), prepared in 2010, still uses as its legal bases the old laws 12 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN and regulations namely Presidential Regulation No. 36/2005 regarding Land Acquisition for Public Interest Development, which has been amended by Presidential Regulation No. 65/2006 as well as the implementing regulations thereof. Therefore, the Resettlement Plan preparation needs to be adjusted using the new laws and regulations. In order to make adjustment to the new laws and regulations, namely Law No. 2/2012, Presidential Regulation No. 71/2012 and the amendment regulations thereto as well as Regulation of the Head of National Land Agency No. 5/2012 and the amendment regulation thereto, in case land acquisition is required, the duties and functions of the P2T shall be replaced by the Land Acquisition Preparation Team formed by the Governor. b. Funding aspect Land Acquisition funding for Public Interest Development shall be implemented by the Agency requiring the land, set out in budgeting document in accordance with the provisions of laws and regulations, namely in accordance with the provisions in Regulation of the Minister of Finance on payment procedures in the implementation of State Revenues and Expenditures Budget as well as the implementation and accountability of operational costs and supporting costs. Land Acquisition funding for Public Interest shall originate from the Local Government Budget (APBD) as elaborated in the Resettlement Policy Framework (RPF), DKI Governor Decision No. 1363/2011 regarding Establishment of an Implementation Team for Land Acquisition and Resettlement for the JUFMP, Regulation of the Minister of Finance Number 13/PMP.02/2013 and Regulation of the Minister of Home Affairs No 72/2012. Budget allocation for Land Acquisition shall comprise compensation, operational, and supporting costs for the following activities: a. planning; b. preparation; c. implementation; d. result delivery; e. administration and management; f. socialization. 13 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN c. Resettlement Policy Aspect The implementation of the Jakarta Urgent Flood Mitigation Project/Jakarta Emergency Dredging Initiative (JUFMP/JEDI) that involves relocation of people becomes the duty and responsibility of the Government of DKI Jakarta, therefore the Governor of DKI Jakarta has issued a Governor Instruction Number 48/2014 regarding Resettlement of the JUFMP/JEDI Affected People. The relevant Governor Instruction contains assignment to the DKI Jakarta government apparatuses to support and facilitate the implementation of resettlement of the JUFMP/JEDI affected people. The policy of the Government of the DKI Jakarta in handling the riverbank/canal and reservoir people affected by the JUFMP/JEDI is to relocate to a low- cost apartment, the implementation of which shall refer to Regulation of the Governor of DKI Jakarta Province Number 111/2014 regarding Low-Cost Apartment Occupancy Mechanism. Whereas for structures on lands under ownership rights, the mechanism shall be in accordance with the applicable laws and regulations. 2.5. Institution In handling the project affected people, the Governor of Jakarta has assigned institutions in the Government of the DKI Jakarta. The table below elaborates the institutions and their responsibilities in the dredging in the Upper Sunter. Table 9: Implementing Institutions of Upper Sunter Resettlement Activities IMPLEMENTATI FUND NO. INSTITUTIONS RESPONSIBILITIES ON TIME SOURCE* 1. Regional Secretary Coordinating all supporting During Regional activities of the Government of resettlement Budget Jakarta on the implementation of process: (APBD of resettlement activities preparation, Jakarta) implementation and monitoring 2. Development & Assisting the Regional Secretary During Regional Environmental in coordinating all supporting resettlement Budget Assistant activities of the Government of process: (APBD of Jakarta preparation, Jakarta) implementation and monitoring 14 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN IMPLEMENTATI FUND NO. INSTITUTIONS RESPONSIBILITIES ON TIME SOURCE* 3. Governance Assisting the Regional Secretary During Regional Assistance coordinating Mayors in resettlement Budget implementing resettlement process: (APBD of process preparation, Jakarta) implementation and monitoring 4. The Head of Coordinating the planning and During Regional Development and allocating the budget of the resettlement Budget Planning Agency Regional Apparatus Work Unit process: (APBD of (SKPD) related to the preparation, Jakarta) JUFMP/JEDI implementation, implementation including the resettlement of the and monitoring Upper Sunter PAPs 5. The Mayor of East Coordinating the Pulogadung During Regional Jakarta District and Jatinegara Kaum Sub- resettlement Budget District apparatuses in process: (APBD of implementing resettlement preparation, Jakarta) process of the project affected implementation people by the Upper Sunter and monitoring dredging project 6. The Head of Water ● Determining & announcing During Regional Resource Agency data on the Upper Sunter resettlement Budget PAPs verified by the District process: (APBD of and Sub-District Heads (data preparation and Jakarta) attached) implementation ● Providing facilitation in the resettlement process of the PAPs, both through relocation to the provided low-cost apartment and other options 7. The Head of ● Providing low-cost apartment During Regional Government and allocating unit of low cost preparation and Budget Building and apartment for the PAPs implementation (APBD of Housing Services ● providing guidance to the relocation Jakarta) relocated people activities 8. The Head of Providing documentation, press During Regional Communications, release and publication in the resettlement Budget Informatics and media of the Government of the process: (APBD of Public Relations DKI Jakarta Province preparation and Jakarta) Services Office implementation 9. The Head of Providing population services for During Regional Population the people relocated from their resettlement Budget Services Office places of origin to low cost process: (APBD of apartment or other destinations preparation and Jakarta) implementation 10. The Heads of Providing healthcare and During Regional Health Services education as well as resettlement Budget Office, Education transportation services process: (APBD of Services Office, preparation and Jakarta) Transportation implementation Services Office 11. The Head of Social Providing business/income During Regional Services Office, recovery assistance resettlement Budget Micro, Small and process: (APBD of Medium Scale Jakarta) 15 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN IMPLEMENTATI FUND NO. INSTITUTIONS RESPONSIBILITIES ON TIME SOURCE* Enterprises preparation and Services Office, implementation Manpower Services Office 12. The Heads of Civil Assisting the PAPs in vacating, During Regional Service Police demolishing structures and resettlement Budget Units securing the acquired lands process: (APBD of preparation and Jakarta) implementation 13. The Head of City Performing monitoring and During Regional Infrastructure and coordinating the JUFMP/JEDI resettlement Budget Facility Bureau implementation, including the process: (APBD of resettlement process preparation, Jakarta) implementation and implementation 14. The Head of Verifying data on the Upper Sunter During Regional Pulogadung District PAPs, coordinating the Jatinegara resettlement Budget Kaum and Jatinegara Sub-District process: (APBD of apparatus in socialization and preparation and Jakarta) resettlement process implementation 15. The Head of Verifying data on the PAPs, During Regional Jatinegara Kaum implementing resettlement resettlement Budget Sub-District process process: (APBD of preparation, Jakarta) implementation and implementation 16. Low-cost Collecting data on low-cost During Regional Apartment apartment capacity to be occupied resettlement Budget Management Unit by the PAPs, implementing process: (APBD of relocation process preparation and Jakarta) implementation 16 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN III. IMPLEMENTATION FOR HANDLING PROJECT AFFECTED PEOPLE 3.1. Policies of the Government of Jakarta for River/Canal/Reservoir People The Upper Sunter drain dredging activities will not be involved widening of drain, instead they shall recover the river bodies/drain functions to their initial design, where Riverbanks/drains occupied by people shall be recovered to their initial functions. In the efforts of re-functioning the rivers/drains and reservoirs, the government shall not give any compensation on the lands, structures and other assets erected thereon. The policies of the Government of the DKI Jakarta are as follows: a. Relocating Project Affected People to an appropriate place The structures on rivers/canals potentially affected by embankment rehabilitation and dredging activities are generally informal settler (encroachers and squatters). If they need to be demolished, the Government of DKI Jakarta determines that they shall be relocated to a more appropriate place, namely a low-cost apartment. Consideration for relocation to a low-cost apartment results from the expensive and difficult land procurement for horizontal housing in Jakarta. The policy of the DKI Jakarta government in relocating Project Affected People from river /canal/reservoirs/under toll roads/parks and other public places to a low- cost apartment shall be accompanied with facilities, among others: ● Subsidy for rent for people under the relevant program; ● Free from monthly rent for ± 6 months; ● Efforts to provide people with household equipment (for example furniture) through private sector participation scheme; ● School transfer facilitation for children intending to be transferred to a school near the low-cost apartment; ● Early Age Children Education, healthcare service, play park, trading space in the low-cost apartment; ● Free of charge public bus (busway) transportation for low-cost apartment occupants; ● Preparation of working opportunities for PAPs with vocations; ● Hometown visit facilitation for PAPs with non-DKI Jakarta ID card; 17 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN ● Provision of transportation support for transporting properties from the existing site to the apartment; ● Healthcare facility provision through Jakarta Health program; ● Jakarta Smart Card provision for poor people as part of the free school program up to the Senior High School level. Requirements, registration method and stipulation for filing for/acquiring low-cost apartment shall be provided for in Regulation of the Governor of the DKI Jakarta number 111/2014 regarding Low-Cost Apartment Occupancy Mechanism. The JUFMP activity in the Upper Sunter Drain shall not involve any relocation of PAPs as only a small part of the structures shall be affected (<20%), such as rear fences, toilet/lavatory walls, chicken coops and others similar. The potential impact of occurring is the damaged/ collapsed structures due to heavy equipment operation in embankment rehabilitation and dredging activities. b. Compensation on land The utilization of State-Lands such as body of river/canals and reservoir is an unwise action and is prohibited by laws and local regulations, therefore, the Government of DKI Jakarta shall not give any compensation on the effort of recovering the function of drain bodies in the Upper Sunter utilized by the people during all this time. Whereas for legal land ownership, mechanism shall be arranged in accordance with the applicable laws and regulations. c. Compensation on structure Building structure/business places and utilizing river body is a form of land encroachment violating Local Government Regulation on Public Order as it interrupts the surrounding drainage flow pattern and results in flood. Therefore, the Government of DKI Jakarta shall not give any compensation on the structures that must be demolished due to embankment rehabilitation and dredging activities in order to refunction of river/drain. 18 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN d. Minimizing resettlement In accordance with the JUFMP resettlement policy, resettlement insofar as possible must be avoided or minimized, by finding various appropriate project design alternatives. Considering the present condition of the Upper Sunter Drain, both from the physical and social aspects, in order to immediately realize rehabilitation of embankment and dredging), DED has been revised by taking the following into consideration:  The river physical condition has been experiencing sedimentation therefore needs to be immediately dredged,  Embankment rehabilitation and dredging works shall be immediately done in the location where people structures shall not be interrupted,  The embankment rehabilitation and dredging activities shall not involve relocation of project affected people, as only a small part of the structures shall be interrupted by the project activities,  In case demolition must occur, its implementation shall refer to the Letter of the Governor of Jakarta to the Director General of Water Resources, the Ministry of Public Works and Public Housing No. 457/-1.781 regarding Package 6 JUFMP/JEDI Implementation and JUFMP Resettlement Policy Framework (RPF) principles. 3.2. Monitoring and Evaluation The Directorate General of Water Resources of the Ministry of Public Works and Public Housing represented by the CPIU shall be assisted by the supervisory consultant playing the role as the project internal supervisor. At the CPIU level, Monthly Report shall be submitted to the Director of Water Resources. Whereas at the DKI Jakarta PIU, Monthly Report shall be submitted to the Governor of the DKI Jakarta Province through the Water Management Services Office and the Regional Secretary of the Province. Monitoring shall be commenced as from the LARAP preparation. Progress and Monitoring Report shall be made available to the project affected inhabitants and uploaded to the JUFMP Web and WB Web. 19 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 3.3. Complaint Handling Complaints related to the JUFMP including the aspect of the project affected people shall be handled as immediately as possible and settled at the Command Post where such complaints are filed by the peoples (within a period of 14 (fourteen days). Complaint handling process shall be facilitated by the Complaint Handling Expert Personnel from the Supervisory Consultant on duty in the field. Complains can be filed through SMS, Email/Web, or by directly visiting the Field Office (Posko). FIELD OFFICE (Posko) – Complaint Handling at location (Sub-project): complaints can be filed directly/indirectly, in writing/in verbal, shall be thereafter recorded, verified, stored and submitted to the authorized institutions/ Cilicis CPIU/PIU / PIU of the DKI Jakarta Water Resource Agency Office. MUNICIPAL LEVEL: in case the PAPs are disappointed/not satisfied/have not received any response from the PIU, they may file their complaints to the Mayor’s Office. The relevant Mayor shall undertake actions to help settling the complaints and shall be responsible for documenting and storing the archives of the complaints handled. PROVINCIAL LEVEL: in case the complaints are not responded by the Mayor, the complainer may file their complaints to the Governor. The time required for handling such complaints shall be approximately 30 (thirty) days. Final Measure: in case the complainers are disappointed and or do not receive any response from the Governor, complaints can be brought to court for settlement by law. 3.4. Implementation Plan The handling of the Upper Sunter Project Affected People shall be implemented through a number of activity stages such as socialization, consultation, census survey, cut-off date, DED review and determination of Project Affected People. Eventually, embankment rehabilitation and dredging activities shall be implement based on the results of the Mutual Check (MC) – 0 which shall be implemented jointly by the BBWSCC “Cicilis” as the Project Implementing Unit, 20 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN Contractor and the Supervision Consultant. The entire implementation shall be presented in the table below. Table 10: Action Plan for the Handling of Upper Sunter PAPs No. Programs and Activities Timeline Responsibility Fiscal Year 1. Establishment of Land May 30, 2014 Regional 2014 Acquisition Team (by Governor Development Instruction of the DKI Jakarta Planning Agency Province No 48/ 2014) 2. Preparation of LARAP August 2014 Public Works 2013-14 Document Services Office 3. Cut-off date March 18, 2014 Public Works 2014 Services Office 4. Determination of the Project March 18, 2014 Public Works 2014 Affected People Services Office 5. Data Re-collection on the July 2015 Water 2015 Project Affected People Management Services Office 6. Revision of LARAP Document March 2016 Water 2016 Management Services Office 7. Minimization of the project January-June CPIU affected people through review 2016 DED DED review avoids all structures potentially affected by project 8. Tendering May 30, 2016 to BBWSCC “Cilicis” 2017-2018 March 2017 9. Contract Signing April 2017 BBWSCC “Cilicis” 10. Public Consultation and minutes May-June 2017 BBWSCC “Cilicis” of consultation 11. Mutual Check (MC) – 0 May 2017 Cilicis; 2017 Contractor; CSC 12. Implementation of embankment rehabilitation and dredging 1) Dredging and sheet pile May 2017-July BBWSCC “Cilicis” installation activities shall be 2018 implemented without relocation of the PAPs 2) Contractor shall be May 2017-July BBWSCC “Cilicis” 2017-18 responsible for structure 2018 damage/demolition resulting from the project activities. 21 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN ATTACHMENTS 22 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN ATTACHMENT 1: CROSS-SECTION SAMPLES OF DREDGING ACTIVITY IN UPPER SUNTER (Sta. 10 + 100 and Sta. 14+650: In the locations affecting people structures) Note: Sludge dredging and embankment rehabilitation works shall avoid community structures and shall be done from the water by using pontoon 23 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN ATTACHMENT 2: PICTURES OF CONDITION AT PROJECT LOCATION Upper Sunter: Structure potentially affected by Upper Sunter: Sedimentation (Sludge to be dredged) embankment works Upper Sunter: Structures potentially affected by Upper Sunter: Sedimentation (Sludge to be dredged) the dredging works Upper Sunter: Structures potentially affected by Upper Sunter: Access/inspection road for sludge dredging works transporting vehicles 24 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN ATTACHMENT 3: PROJECT SITE Sta. 10+150 (Start of Awal ProyekProject) Panjang PengerukanLength of drain to be dredge 5.150 m (77.900 M3) Rehabilitasi Embankment Rehabilitation Site 1.850 M Sta. 15+300 (End of Akhir Project)yek) 25 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN ATTACHMENT 4: LIST OF PROJECT AFFECTED PEOPLE AND ASSETS 26 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN ATTACHMENT 5: SKETCH OF PROJECT AFFECTED PEOPLE LOCATION 27 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 28 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 29 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 30 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 31 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 32 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN ATTACHMENT 6: SUMMARY ON PROJECT AFFECTED PEOPLE IN UPPER SUNTER DRAIN No. WTP Total Structures/WTP Area/width (m2) Rights Options on rights1 Estimated Cost Category (Rp) Totally Partially Totally Partially Total structures / affected affected affected affected total WTP structures structures structures structures 1 2 3 4 1 2 3 4 1. Persons 111/444 80/320 Compensation who own on for the loss of occupy dwellings and dwellings other and other structures at structures replacement costs and resettlement assistance Total Total Total Total Resettlement Estimated Cost structures / partially relocated structures assistance options2 renters affected structures not requiring 1 2 3 4 1 2 3 4 structures relocation 2. Renters Relocation Assistance Total WTP # Types of WTP Livelihood 3 Rehab. support Estimated Cost assistance options4 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 3. Persons Rehabilitation whose Assistance livelihoods are affected Total WTP Totally demolished Partially demolished WTP Options7 Estimated Cost structures5 structures6 1 2 3 4 1 2 3 4 1 2 3 4. Owners of 0 Compensation Assets cost for the damaged damages to during be provided by structure contractor Types of use and Uses and sizes of sizes of the remaining structures9 encroached structures8 1 2 3 4 1 2 3 4 5. Encroachers 111 Not receiving compensation Total PAPs Total rented Total project affected structures10 renters11 1 2 3 4 1 2 3 4 6. Squatter No landlords compensation for those who rent more than 3 structures *) Notes: Persons who own and occupy dwellings and other structures: 1 = cash compensation and access to public housing 2 = public housing 3 = cash compensation only 4 = other form of compensation, please specify 1 Details are presented in the attachment no. 2 Details are presented in the attachment no. 3 Details are presented in the attachment no. 4 Details are presented in the attachment no. 5 Details are presented in the attachment no. 6 Details are presented in the attachment no. 7 Details are presented in the attachment no. 8 Details are presented in the attachment no. 9 Details are presented in the attachment no. 10 Details are presented in the attachment no. 11 Details are presented in the attachment no. 33 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN Renters: 1 = public housing 2 = rental costs and access to public housing 3 = other scheme 4 = etc. Persons whose livelihoods are affected: 1 = loss of income from small shop 2 = loss of income from small industry 3 = loss of income from site-specific earning activities (such as fishermen) 4 = loss of income from services 5 = others Preference for rehabilitation support: 1 = facilitation to find new place close to the original area or on-site 2 = training for different type of job 3 = credit 4 = facilitation in the establishment of new income generating activity 5 = combination of the above Owners of assets that are damaged during construction: All structures are damaged 1 = house 2 = commercial structure 3 = fences 4 = others Partially damaged 1 = house 2 = commercial structure 3 = fences 4 = others Preference for compensation 1 = cash compensation 2 = rebuild 3 = rent Encroachers: Type of uses and size of the encroached structures 1 = commercial, average size .. 2 = kitchen, average size .. 3 = toilets, average size .. 4 = other, average size .. Uses and size of remaining structures 1 = main house, average size .. 2 = main house and commercial, average size .. 3 = commercial only, average size .. 4 = other, average size .. Squatter landlords: Number of structures rent 1 = one unit 2 = two units 3 = three units 4 = more than three units Number of affected renters 1 = in one unit 2 = in two units 3 = in three units 4 = in four units 34 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN ATTACHMENT 7: REGULATION RELATED TO JUFMP LAND ACQUISITION AND RESETTLEMENT ● Letter of the Governor of the DKI Jakarta to the Director of Directorate General of Water Resources as the Head of the CPMU JUFMP dated May 8, 2015; ● Governor Decision No. 1363/2011 regarding Establishment of an Implementation Team for Land Acquisition and Resettlement for the JUFMP; ● Governor Instruction No. 41 regarding Accelerated Completion of Land Acquisition and Resettlement Plan 35 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN THE GOVERNOR OF THE SPECIAL CAPITAL CITY REGION OF JAKARTA PROVINCE Number : 457/-1.781 Jakarta, May 8, 2015 Type : To Attachment : The Honorable Director General of Water Resources, Regarding : Package 6 JUFMP/JEDI Ministry of Public Works and Public Housing of the Implementation Republic of Indonesia as the Head of CMPU JUFMP/JEDI in Jakarta Related to the implementation of the Package 6 Jakarta Urgent Flood Mitigation Project/Jakarta Emergency Dredging Initiative (JUFMP/JEDI) currently pending due to the LARAP process, we hereby would like to inform the following: 1. The Government of the DKI Jakarta Province is currently preparing low income apartment for the people affected by the Package 6 Jakarta Urgent Flood Mitigation Project/Jakarta Emergency Dredging Initiative (JUFMP/JEDI) located: a. From Muara Angke, Penjaringan District, North Jakarta Administrative City to Karet Water Gate; and b. From the upstream Sunter Drain of the Bridge at Jalan Perintis Kemerdekaan to the East Banjir Canal. 2. Related to point 1, preparation is currently implemented to control informal settlers on the riverbank of West Banjir Canal and Upper Sunter through the 5 Orders Operation (Operasi 5 Tertib), namely Traffic Order, Street Vendor Order, Waste Order, informal settlers Order and Demo Order. 3. The Government of the DKI Jakarta Province is fully committed to complete the LARAP in the location of Muara Angke, Penjaringan District, North Jakarta Administrative City and Upstream Sunter Drain of the Bridge at Jalan Perintis Kemerdekaan to the East Banjir Canal within the Fiscal Year 2015, which constitutes the work activity of the Package 6 Jakarta Urgent Flood Mitigation Project/Jakarta Emergency Dredging Initiative (JUFMP/JEDI), and it is expected to be completed by the Fiscal Year 2017. 4. The West Banjir Canal and Upper Sunter Normalization activities are highly important activities to mitigate flood, therefore are extremely urgent to be immediately carried out. 5. Based on the abovementioned matters and awaiting the LARAP completion process, we hereby request the Ministry of Public Works and Public Housing of the Republic of Indonesia through the Ciliwung Cisadane River Office to immediately carry out the relevant construction activity without awaiting the LARAP process. Please be informed accordingly and thank you for your attention. The Governor of the Capital of Jakarta Province, [Signed and stamped; stamp reads: THE GOVERNOR OF THE CAPITAL OF JAKARTA PROVINCE Basuki T. Purnama Copies hereof shall be forwarded to: 1. The Minister of Public Works and Public Housing 2. The Deputy Governor of the DKI Jakarta Province 3. The Secretary of the DKI Jakarta Province 4. Governance Assistant to the Secretary of the DKI Jakarta Province 5. The Head of Government Building and Housing Services Office of the DKI Jakarta Province 6. The Head of Water Management Services Office of the DKI Jakarta Province 36 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 7. The Head of Legal Bureau of the Secretariat of the DKI Jakarta Province 8. The Head of Urban and Environmental Planning of the Secretariat of the DKI Jakarta Province 9. The Head of Legal Bureau of the Secretariat of the DKI Jakarta Province 10. The Head of Ciliwung Cisadane River Regional Office 11. The World Bank Jakarta Office 37 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN The Governor of the Capital of Jakarta Province DECISION OF THE GOVERNOR OF THE CAPITAL OF JAKARTA PROVINCE NUMBER 1363/2011 REGARDING ESTABLISHMENT OF AN IMPLEMENTATION TEAM FOR LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) FOR THE JAKARTA URGENT FLOOD MITIGATION PROJECT (JUFMP)/JAKARTA EMERGENCY DREDGING INITIATIVE (JEDI) AT THE ADMINISTRATIVE CITY LEVEL BY THE GRACE OF THE ONE ALMIGHTY GOD THE GOVERNOR OF THE CAPITAL OF JAKARTA PROVINCE, Considering : a. whereas in the context of implementing the Jakarta Urgent Flood Mitigation Project (JUFMP)/Jakarta Emergency Dredging Initiative (JEDI) which constitutes dredging and rehabilitation works of river embankments, canals and reservoirs in the Capital City of Jakarta Province, it is required action in the form of relocation of peoples around the location of works. b. whereas the relocation of peoples as referred to in point a requires handling by using principles, procedures and organization method based on the Resettlement Policy Framework (RPF) agreed between the Government of the Capital City of Jakarta Province and the World Bank; c. whereas based on the considerations as referred to in points a and b as well as for the uninterrupted implement of location activity of the peoples around the sites of JUFMP/JEDI works, it is necessary to stipulate a Governor Decision regarding the Establishment of an Implementation Team for Land Acquisition and Resettlement Action Plan (LARAP) for the Jakarta Urgent Flood Mitigation Project (JUFMP)/Jakarta Emergency Dredging Initiative (JEDI) at the Administrative City Level; In view of : 1. Law Number 5/1960 regarding Basic Regulations on Agrarian Principles; 2. Law Number 2/1961 regarding Revocation of Rights on Lands; 3. Law Number 7/2004 regarding Water Resources; 4. Law Number 10/2004 regarding Legislative Drafting; 38 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 5. Law Number 32/2004 regarding Regional Governance as several times amended recently by Law Number 12/2008; 6. Law Number 29/2007 regarding Government of the Capital City of Jakarta as the Capital City of the Unitary State of the Republic of Indonesia; 7. Government Regulation No. 24/1997 regarding Land Registration; 8. Government Regulation No. 58/2005 regarding Regional Finance Management; 9. Presidential Regulation No. 36/2005 regarding Land Acquisition for the Implementation of Development for Public Interest as amended by Presidential Regulation No. 65/2006; 10. Regulation of the Head of National Land Agency No. 3/2007 regarding Implementing Provisions of Presidential Regulation No. 36/2005 regarding Land Acquisition for the Implementation of Development for Public Interest as amended by Presidential Regulation no. 65/2006 regarding Amendment to Presidential Regulation No. 36/ 2005 regarding Land Acquisition for the Implementation of Development for Public Interest; 11. Regional Regulation No. 10/2008 regarding Regional Apparatus Organization; 12. Regional Regulation No. 8/2007 regarding Public Order; 13. Governor Regulation No. 193/ 2010 regarding Guidelines for Donation Granting to State-Owned Land Tenants; HAS DECIDED: To stipulate : A GOVERNOR REGULATION REGARDING THE ESTABLISHMENT OF AN IMPLEMENTATION TEAM FOR LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) FOR THE JAKARTA URGENT FLOOD MITIGATION PROJECT (JUFMP)/JAKARTA EMERGENCY DREDGING INITIATIVE (JEDI) AT THE ADMINISTRATIVE CITY LEVEL. FIRST : Establishing an Implementation Team for land acquisition and resettlement action plan (LARAP) for the Jakarta Urgent Flood Mitigation Project (JUFMP)/Jakarta Emergency Dredging Initiative (JEDI) at the Administrative City level with membership composition as set forth in the Attachment hereto. SECOND : The team referred to in the FIRST dictum shall have the following duties: 1. identifying the sub-project components or activities requiring acquisition of land and area that are to be affected by the impacts of such components or activities; 2. implementing census on the Project Affected People (PAPs) and inventory on the impacts affected assets; 3. implementing cut-off date in the JUFMP/JEDI project location; 39 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 4. identifying the PAPs entitled to receive compensation as well as explanation on the criteria used for determining the PAPs entitled; 5. carrying out evaluation on assets and calculation of compensation on loss; 6. determining the types and amounts of the forms of compensation to be given to the PAPs; 7. carrying out consultation with the inhabitants experiencing loss of lands and other assets; 8. estimating sub-project land procurement costs; 9. granting compensation to the PAPs; 10. carrying relocation/resettlement for the PAPs; and 11. provide handling grievances and complaints from the PAPs. THIRD : For supporting the uninterrupted performance of duties, the Team as referred to in the FIRST dictum may engage related agencies, third parties/independent consultants, social institutions, profession associations or universities or other community elements in accordance with the provisions of laws and regulations. FOURTH : The costs required for the performance of duties as referred to in the SECOND dictum shall be charged to the Local Budget (APBD) through the Budget Implementation Document (DPA) of the Public Works Services Office of the Capital City of Jakarta Province as the Project Implementation Unit (PIU) of the JUFMP/JEDI. FIFTH : This Governor Decision shall come into effect as from the date of its stipulation. Attachment to : Decision of the Governor of the Capital City of Jakarta Province Number 1363/2011 Dated September 28, 2011 40 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN IMPLEMENTATION TEAM FOR LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) OF THE JAKARTA URGENT FLOOD MITIGATION PROJECT (JUFMP)/JAKARTA EMERGENCY DREGING INITIATIVE (JEDI) AT THE ADMINISTRATIVE CITY LEVEL A. Central Jakarta Administrative City Head concurrently serving as Member : Secretary of the Central Jakarta Administrative City Deputy Head concurrently serving as Member : Governance Assistant to the Secretary of the Central Jakarta Administrative City Secretary concurrently serving as Member : Development and Environmental Assistant to the Secretary of the Central Jakarta Members : 1. The Head of Civil Service Police Unit of the Central Jakarta 2. The Head of Housing Sub-Office of the Central Jakarta 3. The Head of Public Works and Water Management Sub-Office of the Central Jakarta 4. The Head of Population Affairs and registration Sub-Office of the Central Jakarta 5. The Head of Spatial Planning Sub-Office of the Central Jakarta 6. The Head of Urban Infrastructure Unit under the Secretary of the Central Jakarta 7. The Head of Spatial Planning and Environmental Unit under the Secretary of the Central Jakarta 8. The Head of Legal Unit of the Central Jakarta 9. District Heads in the JUFMP/JEDI location 10. Sub-District Heads in the JUFMP/JEDI location B. North Jakarta Administrative City Head concurrently serving as Member : Secretary of the North Jakarta Administrative City Deputy Head concurrently serving as Member : Governance Assistant to the Secretary of the North Jakarta Administrative City Secretary concurrently serving as Member : Development and Environmental Assistant to the Secretary of the North Jakarta Members : 1. The Head of Civil Service Police Unit of North Jakarta 2. The Head of Housing Sub-Office of North Jakarta 3. The Head of Public Works and Water Management Sub-Office of the North Jakarta 4. The Head of Population Affairs and Registration Sub-Office of the North Jakarta 5. The Head of Spatial Planning Sub-Office of the North Jakarta 41 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 6. The Head of Urban Infrastructure Unit under the Secretary of the North Jakarta 7. The Head of Spatial Planning and Environmental Unit under the Secretary of the North Jakarta 8. The Head of Legal Unit of the North Jakarta 9. District Heads in the JUFMP/JEDI location 10. Sub-District Heads in the JUFMP/JEDI location C. West Jakarta Administrative City Head concurrently serving as Member : Secretary of the West Jakarta Administrative City Deputy Head concurrently serving as Member : Governance Assistant to the Secretary of the West Jakarta Secretary concurrently serving as Member : Development and Environmental Assistant to the Secretary of the West Jakarta Members : 1. The Head of Civil Service Police Unit of the West Jakarta 2. The Head of Housing Sub-Office of the West Jakarta 3. The Head of Public Works and Water Management Sub-Office of the West Jakarta 4. The Head of Population Affairs and Registration Sub-Office of the West Jakarta 5. The Head of Spatial Planning Sub-Office of the West Jakarta 6. The Head of Urban Infrastructure Unit under the Secretary of the West Jakarta 7. The Head of Spatial Planning and Environmental Unit under the Secretary of the West Jakarta 8. The Head of Legal Unit of the West Jakarta 9. District Heads in the JUFMP/JEDI location 10. Sub-District Heads in the JUFMP/JEDI location D. East Jakarta Administrative City Head concurrently serving as Member : Secretary of the East Jakarta Administrative City Deputy Head concurrently serving as Member : Governance Assistant to the Secretary of the East Jakarta Administrative City Secretary concurrently serving as Member : Development and Environmental Assistant to the Secretary of the East Jakarta Members : 1. The Head of Civil Service Police Unit of the East Jakarta 2. The Head of Housing Sub-Office of the East Jakarta 3. The Head of Public Works and Water Management Sub-Office of the East Jakarta 42 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 4. The Head of Population Affairs and Registration Sub-Office of the East Jakarta 5. The Head of Spatial Planning Sub-Office of the East Jakarta 6. The Head of Urban Infrastructure Unit under the Secretary of the East Jakarta 7. The Head of Spatial Planning and Environmental Unit under the Secretary of the East Jakarta 8. The Head of Legal Unit of the East Jakarta 9. District Heads in the JUFMP/JEDI location 10. Sub-District Heads in the JUFMP/JEDI location THE GOVERNOR OF CAPITAL CITY OF JAKARTA PROVINCE, [Signed and stamped; stamp reads: THE GOVERNOR OF CAPITAL CITY OF JAKARTA PROVINCE FAUZI BOWO 43 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN The Governor of the Capital City of Jakarta Province GOVERNOR INSTRUCTION OF THE CAPITAL OF JAKARTA PROVINCE NO 41 YEAR 2011 REGARDING ACCELERATED COMPLETION OF LAND ACQUISITION AND RESETTLEMENT PLAN (LARAP) THE GOVERNOR OF THE CAPITAL CITY OF JAKARTA PROVINCE In order to implementing the Jakarta Emergency Dredging Initiative (JEDI), it is hereby necessary to accelerate the completion of the land acquisition and resettlement plan (LARAP) by giving instruction: To : 1. The Development and Environmental Assistant to the Secretary of the DKI Jakarta Province 2. The Head of Development Planning Agency of the DKI Jakarta Province 3. The Head of Finance Management Agency of the DKI Jakarta Province 4. The Mayor of North Jakarta 5. The Mayor of Central Jakarta 6. The Mayor of East Jakarta 7. The Mayor of West Jakarta 8. The Head of Public Works Services Office of the DKI Jakarta Province as the PIU of the DKI Jakarta Province 9. The Head of Population Affairs and Registration Service Office of the DKI Jakarta Province 10. The Head of Civil Service Police Unit of the DKI Jakarta Province To : FIRST : Perform the following duties: a. The Development and Environmental Assistant to the Secretary of the DKI Jakarta Province shall coordinate the JEDI implementation at the Provincial level; b. The Head of Development Planning Agency of the DKI Jakarta Province shall: 1. Prepare the program and budget required in the implementation of the LARAP and JEDI physical project; and 2. Assist the PIU in implementing the JEDI project; c. The Head of Finance Management Agency of the DKI Jakarta Province shall perform the administration of the JEDI project loan extension and the preparation of the LARAP accompanying fund budget; d. The Mayors shall: 1. Cary out field survey and data collection on the Project Affected Peoples together with the Population Affairs and Registration Services Office of the DKI Jakarta Province; 44 | P a g e LAND ACQUISITION AND RESETTLEMENT ACTION PLAN (LARAP) UPPER SUNTER DRAIN 2. Together with the Project Implementation Unit (PIU) provide Public Consultation for the Project Affected People (PAPs); 3. Assist the Project Implementation Unit (PIU) and the Project Management Unit (PMU) in servicing complaints from the PAP; 4. Determine the types and amounts of forms of compensation to be given to the PAPs; and 5. Assist the PIU in implementing relocation/resettlement of the JEDI Affected People. e. The Head of Public Works Services Office as the PIU of the DKI Jakarta Province shall: 1. Assist the PMU in completing the LARAP; 2. Manage and supervise the LARAP implementation; 3. Provide relocation/resettlement of the JEDI Affected People; and 4. Plan, prepare and manage the JEDI project accompanying and supporting funds; f. The Head of Population Affairs and Registration Services Office of the DKI Jakarta Province shall: 1. Assist the PIU and Mayors in collecting data on the Project Affected People by using modern technology (finger print system); and 2. Build data base for the Project Affected People together with the Mayors. g. The Head of Civil Service Police Unit of the DKI Jakarta Province shall assist the PIU and Mayors in securing the JEDI project implementation. SECOND : Periodically report the results of the fulfill of duties as referred to in the FIRST dictum to the Secretary of the DKI Jakarta Province; THIRD : The costs required in the fulfill of duties as referred to in the FIRST dictum shall be charged to the Provincial Budget (APBD) through the Budget Implementation Documents (DPA) of the respective Regional Apparatus Work Units (SKPD) This Governor Instruction shall come into effect as from the date of its stipulation. Stipulated in Jakarta on April 27, 2011 THE GOVERNOR OF THE CAPITAL CITY OF JAKARTA PROVINCE, [Signed and stamped; stamp reads: THE GOVERNOR OF THE CAPITAL CITY OF JAKARTA PROVINCE FAUZI BOWO 45 | P a g e