Updated LARAP JBC January 2018 Published
Updated LARAP JBC January 2018 Published
Updated LARAP JBC January 2018 Published
LIST OF FIGURES
AC Alternate Current
ADB Asian Development Bank
AH Affected Household
AMDAL Analysis Mengenai Dampak Lingkungan
AP Affected People
CSR Corporate Social Responsibility
DC Double Circuit
DFR Draft Final Report
DMS Detailed Measurement Survey
DWRD Department of Water Resources Development
EA Executing Agency
EIA Environmental Impact Assessment
EMF Electromagnetic Field
EHT Elevated High Tension
GDP Gross Domestic Product
GOI Government of Indonesia
ha hectare
HHs Households
HV High Volt
HVAC High Volt Alternate Current
HVDC High Volt Direct Current
IA Implementing Agency
IOL Inventory of Losses
IPDP Indigenous Peoples Development Plan
IPs Indigenous peoples
IPSA Initial Poverty and Social Analysis
KV Kilo Volt
LAIT Land Acquisition Team
MASP/NLA Ministry of Agrarian and Spatial Planning/National land Agency
LARP Land Acquisition and Resettlement Plan
LV Low Volt
MOF Ministry of Forestry
MVMC Multi-Voltage Multi Circuit
NGOs Non-governmental Organizations
PDD Project Design Document
PIB Public Information Booklet
PLN Perusahaan Listrik Negara
PLN UIP JJB PLN Unit Induk Pembangunan Java – Bali
DEFINITION OF TERMS
Affected Persons All the people affected by the project through land acquisition,
(Aps) / relocation, or loss of incomes and include any person, household,
Households firms, or public or private institutions. aps/ahs therefore include: (i)
(Ahs) persons affected directly by the safety corridor, right-of-way, tower or
pole foundations or construction work area; (ii) persons whose
agricultural land or other productive assets such as trees or crops are
affected; (iii) persons whose businesses are affected and who might
experience loss of income due to the project; (iv) persons who may
lose work or employment as a result of project impact; and (v) people
who lose access to community resources as a result of the project.
Cut-Off-Date the date prior to which the occupation or use of the project area makes
residents or users of the same eligible to be categorized as ap. the cut-
off date will coincide with the census of AP and the inventory of losses
(IoL) that will be conducted by the national agency implementing land
acquisition. persons not covered in the census would not be eligible for
compensation and other entitlements unless they can provide evidence
that (i) they have been inadvertently left out during the census and the
IoL; or (ii) they have lawfully acquired the affected assets following
completion of the census and the IoL and prior to the conduct of the
detailed measurement survey (DMS).
Encroachers Those people who move into the project area after the cut-off date and
are therefore not eligible for compensation or other rehabilitation
measures provided by the project.
Entitlement the range of measures for compensation and other forms of assistance
provided to the Aps in the respective eligibility criteria
Inventory Of the process where all fixed assets and sources of income and
Losses (Iol) livelihood inside the project right-of-way (row) are identified, measured,
their owners identified, their exact location pinpointed, and their
replacement costs calculate
Land Acquisition The process of acquiring all or part of the land and other assets
attached to the land owns or possesses, to the ownership and
possession of that agency, for public purposes, in return for fair
compensation. The land acquisition and resettlement plan is known as
LARP.
Non-Titled those who have no recognizable rights or claims to the land that they
are occupying and includes people using private or state land without
permission, permit or grant i.e. those people without legal title to land
and/or structures occupied or used by them.
Replacement the method of valuing assets to replace the loss at current market
Cost value, or nearest equivalent, and is the amount of cash or kind needed
to replace an asset in its existing condition, without deduction of
transaction costs or for any material salvaged.
Resettlement the detailed IoL that is completed after detailed design and marking of
Field Surveys project boundaries on the ground and includes socioeconomic data on
the affected households/families, and stakeholder consultations
Severely AP Or this refers to affected households who will (I) lose 10% or more of their
Ah total productive land and/or assets, (ii) have to relocate; and/or (iii) lose
10% or more of their total income sources due to the project.
Sharecropper The same as tenant collector or tenant farmer, and is a person who
cultivates land they do not own for an agreed proportion of the crop or
harvest.
Significant means 200 people or more will experience major impacts, which are
Impact defined as; (i) being physically displaced from housing, or (ii) losing
10% or more of their productive assets (income generating).
Vulnerable These are distinct groups of people who might suffer disproportionately
Groups or face the risk of being further marginalized by the effects of
resettlement and specifically include: (i) female headed households, (ii)
disabled household heads, (iii) households falling under the generally
accepted indicator for poverty, (iv) elderly households head (more than
70 years), (v) landless households, and (vi) ethnic minorities.
I. EXECUTIVE SUMMARY
Forewords
1 This Updated Land Acquisition and Resettlement Plan (Updated LARP) is a revision
of LARP report concurred by ADB in 2013. This Updated LARP has been prepared
based on the Detailed Measurement Survey (DMS) carried out in April - August
2015 by PLN and following the last project engineering design, survey on severity
and vulnerability for income restoration program carried out in April 2017, and the
current progress of land acquisition process including identification of entitled parties
(affected households) and land acquisition objects by preparatory team of land
acquisition in East Java Province (up to October 2017). The update of the LARP is
limited to the affected land and non-land assets for the towers, while the impacts
triggered by the transmission line right of way (ROW) still refer to the 2013 LARP.
2. The data disclosed in this updated LARP may change following the final detailed
measurement survey (identification of land acquisition impacts) carried out by the
Land Acquisition Team (LAIT) led by the Provincial/District Land Agency under the
Ministry of Agrarian and Spatial Planning/National land Agency (MASP/NLA). The
DMS of the affected persons (APs) and their assets impacted by the Transmission
line Right of Way (TL ROW) will be carried out after the payment of compensation for
the land acquisition necessary for the towers location. This procedure is undertaken
to ensure the boundaries of the transmission line and to avoid or minimize potential
social conflict if any tower reroute is required. As there will be no change of project
resettlement policy and procedure as well as entitlement matrix for the APs, the final
data of the APs and their losses will be reported in the quarterly monitoring reports of
LARP implementation.
Project Background
3. To meet the long term plan of Perusahaan Listrik Negara (PLN), the Government of
Indonesia has requested the Asian Development Bank (ADB) to prepare and finance
the power transmission interconnection project from Java (Paiton) to Bali (New
Kapal). The Java-Bali 500kV Power Transmission Crossing Project will consist of
construction of 500kV power transmission line (TL) from Paiton in East Java
Province to New Kapal in Bali Province and associated sub-stations at New Kapal
(Antosari) as well as extension of Paiton sub-station. The project is 219.16 km with
512 towers, it will traverse East Java and Bali Provinces covering three regencies
(Probolinggo, Situbondo and Banyu Wangi) in East Java Province and two regencies
(Jembrana and Tabanan) in Bali Province. The overall power interconnection system
between Java and Bali is divided into seven components and will be financed as
follows:
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Table A-1Project components and financers
4. The Updated LARP covers six (6) project components (component 1, 2, 3, 4, 5, 6),
among them five (5) components (2, 3, 4, 5, and 6) trigger land acquisition and
resettlement. The six components will require a total of 752.25 hectares (ha) of land
comprising forestry land (186.49 ha), PLN-owned land (2 ha for component 1), and
private or company land (563.76 ha). Out of the 752.25 ha, about 439.1 ha only will
be permanently acquired for tower footing and substation, while the 701.82 ha for
ROW will only be restricted in land use. Out of 563.76 ha of private land, 30.09 ha
will be permanently acquired for towers (component 2 and 5) and 9 ha for substation
(component 6), while the 524.66 ha will only be restricted in use.
5. The identification of affected persons (APs) and Inventory of Losses (IOL) for the five
components carried out in the period of April 2015 – July 2015 identified a total of
492 HHs with 1,483 APs impacted by the tower location in the two provinces (East
Java and Bali). Out of 492 HHs, 221 households are from East Java and 271 HHs
are from Bali. Each of the 492 HHs may lose single or multiple types of land that
include residential areas, crop land, and forestry land. There are 110 HHs
considered severely affected by the project.
6. There are about 128 structures owned by 128 HHs within the ROW of TL and there
might be some temporary impacts experienced during the project construction.
Approximately 5,107 trees/plants and 175,604 sqm seasonal crops will be affected
due to the installation of towers and trees/crops to be affected by the 34 m of ROW
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alignment. Approximately 1,868,900 sqm of TN Baluran, TN Bali Barat and
production forest will also be cleared due to use for transmission tower. The affected
crops are dominated by paddy fields followed by other crops such as banana, coffee,
cacao and others local crops.
Socio-Economic Profile.
7. A socio-economic survey (SES) was carried out in conjunction with the IOL survey.
In East Java province, a total 44 villages in Situbondo District and 7 villages in
Banyuwangi District will be affected by the project, whereas in Bali province 29
villages in Jemberana District and 4 villages in Tabanan will be directly affected. In
East Java, most of AHs are farmers (54%) and have secondary school level (46%)
most of them are have income Rp.1, 000,000/month. A similar picture occurred in
Bali, in which 35% of AHs are farmers and 35% AHs have secondary school level.
8. Gender strategies are included in LARP, which considers the active participation of
women in resettlement activities ranging from IOL/DMS and SES, consultation, to
monitoring and capacity-building programs. The SES has been segregated by
gender and consultations during land acquisition preparation phase has also
involved women participation. The active women participation will continue during
land acquisition implementation. For effective implementation of gender strategies,
monitoring indicators by gender will be developed. There are 18 AHs in East Java
and 21 AHs in Bali considered vulnerable groups impacted for the tower footing. No
indigenous people (IP) have been identified living in the project area. However, the
project will respect the communities‟ culture and belief, especially in Bali.
9. Consultation meetings were held since March 2010 – May 2011 in all affected
districts and towns with the participation of local authorities and affected households.
The consultations were also carried out in April – May 2015 during LARP update and
during the preparatory phase of land acquisition in 2016. The consultations will
continue for land acquisition preparation and during LARP implementation. In the
process of land acquisition, the consultation and project information will be
conducted by Local Government and Land agency throughout all the phases of land
acquisition preparation and implementation. The draft LARP have been made
available at the Land Agency and PLN Project Offices. The summary of the LARP in
the form of booklet/pamphlets have also been disclosed on the village offices. The
summary of Updated LARP in the form of Public Information Booklet (PIB) will also
be disclosed at the strategic places at village level and distributed to the affected
households. The following information contained in the PIB include: (i) a brief
background of the Project, specifically the civil works to be undertaken and the
adverse social impacts; (ii) potential impacts; (iii) IOL results; (iv) basis used for
asset valuations; (v) the resettlement entitlements; (vi) resettlement activities
schedule including the timing of payments; (vii) grievance redress mechanism; and
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(ix) List of contact persons of PLN project staff handling land acquisition and the land
agency if necessary.
Grievance Mechanism.
10. In order to ensure that all APs‟ grievances and complaints on any aspect of Project in
particular on land acquisition related issues are addressed in a timely and
satisfactory manner, a well-defined grievance redress mechanism needs to be
established. All APs can send any questions to the implementation agencies about
their rights in relation with entitlement of compensation, compensation policy, rates,
land acquisition, resettlement, allowance and income restoration. Grievances related
to any aspects of the Project will be handled through negotiation with aim to achieve
consensus. The procedures to be followed in resolving complaints on the affected
assets, the level of compensation offered by the government, and other aspects of
the Projects are outlined in chapter V. All administrative channels, such as the office
of the Camat and the office of the Regent, will be exhausted in the effort to resolve
any complaint before elevated to a court of law for adjudication. No cost shall be
borne to the APs in relation with the grievance redress mechanism.
Legal Framework.
11. The LARP has been prepared in compliance with the 2009 ADB Safeguard Policy
Statement (SPS) and harmonized with the current Government of Indonesia laws
and regulations on land acquisition and resettlement. The main legal instruments that
will be reference for involuntary resettlement are Act No. 2/2012 on Land Acquisition
for Development in the Public Interest and its implementing regulations. The Act and
implementing regulations stipulate clear time frame of land acquisition process,
consultation with APs on the project location and compensation, lost land and non-
land valuation by independent appraisers, budget, and monitoring to pursue
development projects for public interest. Other key laws and regulations which will be
referred for land acquisition and resettlement are:
Governor of East Java Decree No. 6 year 2016 about guidelines for
preparation of land procurement for development interests;
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Provincial Regional Government Decree of Bali No 4/1996 on Regional
Spatial Planning of Bali Province.
13. The provision of restoration of livelihoods and income will be provided to the severely
and vulnerable AHs, to ensure that they are able to at least regain their previous
living standards. Part of the program will be dedicated also to nearby communities in
order to avoid friction between AP entitled for direct compensation and neighbors not
directly impacted by the project. During the construction phase, employment
opportunity will be provided to the local people based on their skills and project man
power requirements, this will have a beneficial effect on impacted people and will
provide to the local communities a greater stake and sense of ownership towards the
project.
14. The tentative total cost of land acquisition sense of ownership in the project is Rp
877,198,487,038.20 ($64,776,139.94 equivalent) PLN will ensure the timely
provision of counterpart funds for resettlement to meet any unforeseen obligations in
excess of the resettlement budget estimates in order to satisfy resettlement
requirements and objectives.
Institutional Arrangement.
15. The main institutions involved in the preparation and implementation of the LARP
are:
PT PLN Head Quarter (PLN Pusat) as the Executing Agency. PLN Unit Induk
Pembangunan VII (PLN UIP VII) as the Implementing Agency. PLN UIP VII
will closely coordinate with PLN UPK 9 (Unit Pelaksana Konstruksi 9);
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PT PLN will be supported by the Project Implementation Consultant (will include
resettlement specialist consultants), will closely collaborate with Land Office
(National land Agency/BPN), provincial and district governments as necessary to
update the LARP and implement resettlement activities.
16. The total LARP implementation time has been decided as approximately 20 months.
A composite implementation schedule for resettlement activities including various
sub tasks and time line matching with civil work schedule has been prepared.
However, the sequence may change or delay due to circumstances beyond control
of executing agency. Adjustments in implementation schedule would be done as
necessary.
17. Both internal and external monitoring of the Resettlement Plan need to be carried
out. Internal monitoring will be conducted by PLN. External monitoring will be
assigned to an Independent Monitoring Agency (IMA), such as a qualified NGO or a
university. The IMA will monitor the compensation process, verify the internal
monitoring information, and conduct post-implementation evaluation of the
resettlement program six month after the completion of resettlement to assess
whether the resettlement objectives have been achieved or not. A semiannual
monitoring report will be prepared and submitted to PLN and ADB for website post
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Table A-2Tentative schedule of Land Acquisition and Resettlement Activities
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II. PROJECT DESCRIPTION
A. BACKGROUND
18. Bali Island is an international tourism centre, and has a quite large power demand
growth. The proposed power transmission interconnection project from Java to Bali
systems is aimed at building the power capability and reliability of the electrical
system in Bali and meeting the increasing demand for power in the island. The
project is identified as a national priority and it will contribute to alleviation of poverty
by contributing to regional and national socio-economic development. The project is
of key importance for the Bali province as well as for the country‟s economic
activities, as Bali Island will face acute shortage of power in the near future. At the
same time, surplus power in Java province will be utilized in best possible way by
supplying it to Bali. The interconnection of Java system and Bali system will address
this issue.
19. The Java-Bali 500kV Power Transmission Crossing Project will construct 500kV
power TL from Paiton in East Java Province to New Kapal in Bali Province and sub-
stations at New Kapal (Antosari), extension of Paiton sub-station, and
extension/uprating of 11 substations located in Bali and East Java Province. The
overhead TL is approximately 219.16 km. The towers to be installed for 500kV TL
are lattice steel frame towers with 500 double circuit conductors. The height of
towers will be 75-84 m with minimum ground clearance of 12.5 m. The average span
between two 500kV towers is 450 m. The profit of used lattice steel frame of towers
is make the stringing more perfect, wherever need broader land. Another profit is
easier to build in the mountainous area and shore up more burden. This type of
tower easier to build at the tower location and have more flexibility to build in
mountain area.
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21. Components 1, 2, and 7 are financed by ADB, Component 5 and 6 will be financed
by ADB and AIF, while component 3 will be financed by KFW. The component 4 is
financed by PLN however the component 3 and 4 as a part of the project, apply to
the ADB SPS (2009). All activities of the component 7 will be built on area of GI 150
kV owned by PLN, therefore the activities of component 7 will not require land
acquisition. Due diligence of resettlement impacts for component 7 has been
prepared and concluded and no resettlement impacts identified. Table B summarizes
the information on the areas traversed by the components.
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22.
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Component 1: Extension of Paiton 500 kV Substation
23. Paiton, located in Probolinggo District is a major 500kV pooling sub-station in East
Java presently receiving power from eight generating units (unit size of 400 to 660
MW) with a total capacity of 3,440 MW. The substation is built with outdoor 500kV
GIS along with two 500MVA, 500/150kV power transformers with associated 150kV
line bays (open terminal bays). The planned 500kV double circuit TL to Bali (this
Project) will be approaching the Paiton station from the eastern side. The extension
of the Paiton substation will require approximately 2.0 ha of land. The construction
on this component will not trigger land acquisition/resettlement.
24. This component includes the construction of 130.60 km, Paiton-Watudodol 500kV
double circuit TL on Quadruple Zebra (436 sqm) conductor within the East Java
Province. The project takes off from Paiton substation and will terminate at
Watudodol which is landing point of the Java-Bali strait. The proposed alignment,
running parallel to the existing 150kV TL at some places, passes through generally
plain terrain. The proposed TL with a total of 309 transmission towers has been
included in the district‟s spatial planning and will traverse three districts, namely
Probolinggo, Situbondo, and Banyuwangi.
25. The land for the location of 309 Towers is mostly agricultural with some plantations
and production forest areas. Approximately 17 km of TL in this component passes
through special zone of the Baluran National Park. Out of 309 towers, 49 will
traverse the Baluran National park for 19.64 km, and 27 towers will traverse the
National Park at Western Bali for 11 km. The permit for the use of forest land area
and protected forest in East Java Province (District of Probolinggo, Situbondo and
Banyuwangi) and Bali Province (Buleleng and Jemberana District) covers 207,845
hectares and is issued by the Ministry of Environment and Forestry on January 23,
20015. A collaborative permit for the component that traverses the two national
parks (Baluran National Park and Bali Barat National Park) was issued by Ministry
of Forestry No.S.42/Menhut-IV/2012 on 16 January 2012 and extended in 2017
as per Table B-3.
26. Principle of forest use “Borrow and Use permit” for the construction of 500 kV
JBC for protected forest area, limited production forest area and permanent
production forest area has been approved in Probolinggo Regency, Situbondo,
Banyuwangi East Java Province, and Buleleng and Jembrana regency Bali, in
accordance with the Decree of the Minister of Environment and Forestry No. RI.
29/1 / S-PKH / PMDN / 2015 dated July 3, 2015. The forest land affected by land
taking will be replace following the principle of land for land, replacement size will be
one time since it is production forest. This procedure “Borrow and Use permit” is in
process as shown in Table B-3
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Governor decree no. 188/360 / KPTS / 013/2016 and decree no.
188/284/KPTS/0.13/2017. Complaints raised by an affected household (AH) and a
company have been settled by land acquisition preparatory team and were
acceptable to the complainants prior to the issuance of project location
determination. For land acquisition PLN is waiting form KJPP valuation based on
procurement process of KJPP by land acquisition committee lead by BPN.
28. In Java the main tower for crossing is located in Watudodol in Banyuwangi District
and it will be constructed on a private land (10,000 sqm) owned by one household.
This portion of land has been acquired by PLN after JKPP evaluation dated May 29,
2017. Compensation of IDR 27,007,130,000.00 was paid in July 2017 based on the
valuation rate by independent appraiser without any deduction for tax. The process
of land acquisition and compensation have been in line with the procedure set forth
in the land acquisition law and regulations and has been in compliance with the
project policy principles and entitlements stipulated the LARP.A semi-permanent
small shop (warung) owned by an AH identified in the LARP has moved to another
area before land acquisition process was commenced. The land is being cultivated
with crops (corns and cassava). While, two anchor towers will be located on forestry
land. On the Bali side, at Segara Rupek, the main tower and two anchor towers will
be located within Bali Barat National Park in Buleleng District. The main tower and
the two anchor towers at Segara Rupek are within a distance of 200-300 m from the
two nearby temples (Pura Payagan and Pura Pasiraman).
29. Provincial spatial planning requires a clearance of about 2 km from any temple for
construction of high rise buildings. However, a representative institution (Persatuan
Hindu Darma Indonesia) and the Provincial Government of Bali have approved the
construction plan. In Bali side, there is no people cultivating the Bali Barat National
Park land to be used for towers either for agricultural production or livelihood,
therefore the project will not trigger the involuntary resettlement. While waiting the
completion of the 500 kV TL construction, PLN will build a substation on PLN‟s land
located next to the main tower in Watudodol. Permit already owned by the Ministry of
Transportation of the Directorate General of Sea Relations No. BX-28 / KL203 of
2017 on the granting of license for the construction of Java-Bali interconnection
transmission network through Transmission 500 kV (Java-Bali Crossing) across the
strait of Bali to PT PLN UIP East Java. The approval of project location determination
by the Bali Governor experienced long delays because of the rejection of the project
by the Buleleng District Head.1
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Although project was agreed by the Bali Governor in 2012, during the project implementation, the
Buleleng District Head prefers that the power supply is generated within Bali and he as of the view
that the project might affect to the beauty of city and it might create negative impacts on tourism. The
main and anchor towers to be built nearby the temples at Segara Rupek might create social rejection
from the peoples. PLN has conducted a series of dialogues with communities, local leaders including
religious leaders at village and provincial level, parliaments, various government agencies and the
Bali Governor to settle this issue.
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Component 4: Segara Rupek - Gilimanuk 500 kV Transmission Line
30. The 10.44 km revised alignment of the TL from Segara Rupek to Gilimanuk consists
of 26 towers against 42 towers of the original design. All the 26 towers fall within the
Buleleng District and traverse Bali Barat National Park. The collaborative Permit for
the component was issued by the Ministry of Forestry on 16 December 2012. No
people live and rely their livelihood on the land along the ROW of the transmission
line in the national park, thus involuntary resettlement safeguards are not triggered
by this component. Land use forest production permit has been obtained based on
letter of Park and Bali Barat National Park that was issued by Ministry of Forestry
No.S.42/Menhut-IV/2012 on 16 January 2012 and extended in 2017 as per Table
B-3. Principle of forest use for the construction of 500 kV Java Bali Crossing for
protected forest area, limited production forest area and permanent production forest
area has been approved in Probolinggo Regency, Situbondo, Banyuwangi East Java
Province, and Buleleng and Jembrana regency Bali + 207,845 Ha, in accordance
with the Decree of the Minister of Environment and Forestry No. RI. 29/1 / S-PKH /
PMDN / 2015 dated July 3, 2015. This procedure “Borrow and Use permit” is in
process as shown in Table B-3
31. This Component includes the construction of 75.44 km with 176 towers (Gilimanuk-
New Kapal) of combine run of 500kV Quadruple, Double Circuit and 150kV twin,
double circuit overhead line within Bali province. This Component takes off from
Gilimanuk and will terminate at Desa Antosari (New Kapal). The proposed alignment
mostly running parallel to the existing alignment of 150kV TL passes through
generally plain terrain traversing Jembrana and Tabanan Districts. This land is
dominantly used for agriculture with some areas under forestry land at Buleleng and
Jembrana District as provincial plantation and mixed use of land. The land
acquisition process in this component is ongoing. The land acquisition preparatory
team has been prepared and public consultations for the project location
determination has been completed. It is expected that the Bali Governor will issue
project location determination in June 2018.
32. A new substation will be constructed at New Kapal (Bali) for reliable transmission
(500kV to 150kV) of power from Paiton (Java) to Bali through 500kV double circuit
Paiton (Java)-New Kapal TL and onward transmission to proposed 500kV New
Kapal sub-station and various 150kV sub-stations of Bali. About 4.4 ha of private
land will be required for the location of substation. The land use of proposed site is
irrigated agricultural and non-productive land owned by around 17 HHs and utilized
by farmers.
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Component 7: Extension and upgrading of 150 kV 11 Substations.
33. The extension and upgrading of 150Kv substations are to ensure capacity
enhancement of the substation in Bali to distribute transmitted power and to improve
the reliability, quality, and efficiency of power supply in the Java – Bali Grid. The 11
proposed substations are located in 11 districts/cities under the two provinces (2 in
Bali and 4 in East Java Province). A joint assessment conducted by ADB and PLN
on 1 – 5 August 2012 to the selected substations identified that additional lands
required for the extension have been available in the existing substations, therefore
the project will not have to acquisition of land and not impact to resettlement.
However, during project implementation, similar assessment and report for each
substation are required and submit them to ADB prior to the contract award. If any
land acquisition and resettlement issues are identified, the ADB SPS (2009) will
apply.
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Status of land permits on Novmeber 2017
COMPONENT PROVINCE DISTRICT TYPE OF LAND TYPE OF PERMIT ISSUE DATE STATUS
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Project Location and Map
34. The area will be directly impacted by the project will covered East Jawa Province and
Bali. Three districts in East Java (Probolinggo, Situbondo and Banyuwangi) and
three districts in Bali Province (Buleleng, Jembrana and Tabanan). These area will
be use for this transmission project is shown in Error! Reference source not
found.. The project location map is shown in
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C. SCOPE OF LAND ACQUISITION AND RESETTLEMENT PLAN
35. This Updates LARP is based on the final project design and tower schedule provided
by PLN. The scope of the LARP updating covers 6 project components which are
either funded by ADB and Co financers and only cover the permanent impact such
as for tower location and substation.
36. Inventory asset on the ROW area will be carried out after finished of payment the
land acquisition for footing tower. Based on the assessment of impacts, the Project is
categorized as „Category A‟ for Involuntary Resettlement (IR) impact as per the SPS
(2009). It is intended to ensure that land acquisition and resettlement for all the
components is conducted in a manner consistent with the laws and regulations of
Indonesian Government and the ADB SPS (2009). The LARP has taken into account
the findings of the preliminary IOL survey, data from census and SES, field visits,
and meetings with stakeholders and affected people in the Project area.
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III. SCOPE OF LAND ACQUISITION AND RESETTLEMENT
A. POTENTIAL IMPACTS
37. Activities under the project will have positive social benefits and will contribute
towards improving the operating efficiency of the Java-Bali power grid system. From
a social perspective, making the existing transmission infrastructure more efficient
will be appealing to the residents of Bali and East Java as well. Any electricity
supplying project to Bali will benefit the local people in various ways: i) increased
access to electricity and reduction in power interruption, ii) better economic
opportunity, iii) better social services including education and health, iv) job
opportunity in the Project, v) scope for improving quality of life, vi) exposure to
awareness programs and hence updating knowledge. However, the project may also
have some adverse social impacts involving land acquisition, resettlement and
rehabilitation, safety issues, reduced income during the construction as there might
be impact on livelihood, and certain other social implications related to gender
issues, occupational health and child labor etc.
38. PLN attempts to take all possible steps to reduce land acquisition and minimize the
likely adverse impacts on the local communities in the design and implementation of
its power transmission interconnection components. Based on consultation with
various stakeholders and the project engineering team, the following measures were
and will be undertaken to minimize likely resettlement impacts:
For TLs, considerable re-routing was undertaken following an initial field appraisal
to minimize the impact in the national parks and to avoid congested areas, paddy,
and plantation land to the extent possible,
For the new sub-station at New Kapal, built-up areas were avoided and extension
of Paiton sub-station were accommodated on area available within exiting
substation,
For TL towers, houses and structures were avoided and unused land was
selected as much as practicable,
All efforts will be made to reduce negative impacts during detailed engineering
design and throughout the project implementation process.
18
During the detail technical design, PLN and its EPC Contractor will reinvestigate
the routes and make certain modification, if necessary, for optimal results.
Suitable measures and optimum arrangements for the project construction are
considered,
I.e. construction would be carried out right after the harvest of crops and
terminated before the next sowings. To achieve such target, apt workforces with
working shifts would be
The construction camps for workers in the construction period shall be located on
the bare or public lands nearby headquarters of districts. The camps shall not be
built in populated areas.
39. The resettlement and SES team along with the technical surveyor of PLN-
Engineering conducted the fieldwork for LARP updating in Components with
resettlement impacts was carried out in April – July 2015. The field activities included
(i) preparation of Detailed Measurement Survey (DMS) of land and non-land assets,
including structures, crops and trees; (ii) full census of affected households due to
the acquisition of land for the towers, substation; (iii) consultations at the village level
with APs, community members, and other concerned parties. In addition, the survey
was also carried out in April 2017 to identify severely APs and vulnerable groups.
The survey also considered the identification and inventory carried out by land
acquisition preparatory team in East Java in 2016 - 2017. The calculation of impacts
was based on best possible estimates as the alignment of the TL still needs to be
marked on the ground.
D. CUT-OFF DATE
40. The Cut-off Date shall refer to the date of issuance of the permit is issued by the
determination of the location of each governor. Currently Java Province has issued
the project location determination as per table below. Bali province is expected by
June 2018. The cut-off date also refers to the date of completion of the census and
inventory of persons and assets affected by the project by land acquisition
implementation team (LAIT). The LAIT will disclose the list of APs/AHs and affected
assets for 14 working days to get confirmation from the APs/AHs. Person occupying
the project area after cut-off date are not eligible for compensation and/or
resettlement assistance. Fix asset established after the date of completion of the
asset inventory, will not be compensated.
19
41. To build or plan the trees after project location determination issuance is allowed. To
sell the land to other parties after project location determination is prohibited. The
selling of the land should only to NLA/Land Office. To build structure or plant
trees/crops are after DMS by the land acquisition team is prohibited.
Cut-off date
Project (project location
Province District Doc Number
Component determination
date)
E. TYPE OF IMPACTS
42. The proposed high voltage 500kV TLs and 500/150kV substation project will cause
the following types of impacts:
Lost trees, crops in temporarily required land for construction activities and
within the ROW of more than 9 m height.
43. Tower erection will trigger permanent land acquisition (mainly agricultural) for about
483 tower footings (tension and suspension towers for Component 2 and Component
5). The area required for the tower footing is calculated based on the average footing
size of 32m x 32m (1024 sqm) for the tension tower and 28m x 28m (784 sqm) for
the suspension tower. Additionally, crops/trees, structures on the land would also
need to be compensated. The project will also require temporary access roads to
straining towers during line stringing. Such temporary land acquisition may affect
crops which will be compensated as per the provisions of this LARP.
44. The construction of TL will not trigger permanent land acquisition, but just temporary
loss of crops ant trees due to the line stringing. Within the ROW crops and trees
below the height of 3 m can be cultivated, structures and trees (coconut, commercial
20
wood forest trees, etc.) above 9 m high are not allowed. Some landholders will be
required to remove or trim back trees which would interfere the lines.
Construction Work
45. During the construction phase construction activities will require temporary
acquisition of land for labor camps, storage of material and equipment which may
cause impacts on environment through vegetation clearance, compaction of land,
and improper management of wastes. Problems such as disruption of traffic, threat
to the safety of local inhabitants and workers may be faced during the construction
phase of the project. Clearing of vegetation, site compaction and land acquisition can
change land use patterns.
Number of APs
46. Components 2, 3, 5, and 6, financed by the ADB, will impact a total of 487 HHs due
to construction of tower footings and substation. Component 1 and 7 will not impact
any household as the land for the proposed substation at Paiton is owned by PLN.
The distribution of affected households by provinces is in Table G-1
Total No.
Province District No. of HHs Remarks
of Persons
East Java Situbondo 200
Impacts due to the
Banyuwangi 19 738
Component 2
Sub-Tot 219
Bali Tabanan 64
Impacts due to the
Jembrana 133 806
Components 5 and 6
Sub-Tot 268
Tot 487 1544
47. DMS has been conducted for 473 HHs affected by component 2, 3, 5, and 6. Of the
total 487 AHs, 219 AHs are in East Java and the remaining 268 HHs are in Bali
province. Of the 487 AHs, 106 AHs would be severely affected by loss of more than
10% of their productive land holdings. The distribution of severely households by
percentage of total land holding is shown in
21
Component No. < 10 % 10- 20 % 20-30% > 30% Total Total >10%
Component 1 0 0 0 0 0 0
Component 2 158 47 14 0 219 61
Component 5 209 35 10 0 254 45
Component 6 2 0 0 12 12 12
Total 367 82 24 0 473 118
Source: IOL carried out by PLN in April – July 2015
49. Of the 473 HHs with permanent affected land in East Java and Bali Provinces, the
472 HHs are titleholders over their affected properties, notably productive and
residential land. While the 1 HHs is a customary leader (pemangku adat) in Bali who
have right to cultivate the affected land owned by customary village (Desa Adat or
Desa Pakraman). In Bali, the customary land is also called as village land (tanah
desa/Pakraman land). This land can be acquired in consultation and agreement with
the customary village.
Permanent Loss of Land for Tower Foundations and New Kapal substation
50. Total area of land affected by permanent loss is estimated to be 484,295 sqm
(48.43 ha) comprising 394,295 sqm (39.43 ha) for towers and 50,000 sqm (5.00
ha) for New Kapal substation. Of 39.43 ha land for towers, 30.10 ha land is privately
owned land and 9.33 ha belong to forestry. Detailed information on loss of land for
each component is as follows.
51. Component 1: No land required for extension of Paiton substation as the proposed
extension work will be carried out on the open land adjacent to exiting Paiton
substation. This 2 ha of open land is owned by PLN and will be used for the
proposed extension work.
52. Component 2: A total of 235,486 sqm (23.55 ha) will be permanently acquired for
the transmission towers consisting of 6.98 ha of forestry land and 16.57 ha of private
land. Nearly 219 HHs will be affected for the TL towers under Component 2 located
in Situbondo District of East Java Province. Most of the affected land is productive
land. Out of 219 AHs, 61 AHs would be severely affected due to loss of more than
10% of their total productive land.
53. Component 3: A total of 10,000 m3 (1 ha) land to be permanently acquired for the
main and anchor crossing towers foundation.
54. Component 5: A total of 158,809 sqm (15.88 ha) land will be permanently acquired
for the transmission towers comprising 23,520 sqm (2.35 ha) of forestry land and
135,289 sqm (13.53 ha) of private land. Nearly 254 HHs will be affected for the TL
towers in three districts: Tabanan, Jembrana and Buleleng, of Bali Province. Most of
the affected land is productive. About 45HHs would be severely affected due to loss
of more than 10% of their total productive land.
22
55. Component 6: For the proposed 500/150kV sub-station in Tabanan District, there is
a slight shift of the location and additional land area required for the construction of
the substation. As per the LARP 2013, the land to be acquired for the substation is
5.9 ha owned by 20 HHs and the current design indicated that an agricultural plot
and non-productive land of 50,000 sqm ( 5.00 ha) would need to be acquired and will
be affecting 17 HHs. Some parts of the land are irrigated and cultivated by rice while
the other parts are non-productive lands. About 12 HHs would be severely affected
due to loss of more than 10% of their total productive land.
57. Survey in 2015 has not cover the update of ROW data, therefore this report still use
the previous data regarding ROW impact of the LARP year 2013. Community-
utilized plantations and forest land, paddy fields, and residential land traversed by
the TLs will be affected by restricted use. A preliminary estimate shows that
approximately 6,610,052 sqm area will be affected by restricted use. Of this,
1,614,786 sqm is forestry land. In project component 2, out of 4,198,069 sqm of
affected land, the 3,304,169 sqm is private land, while 893,900 sqm is forestry
land2. In component 5, of 2,411,983 sqm, the 1,691,115 sqm is private land (34 m
ROW for 75 km length) and the remaining of 720,686 sqm is forestry land (please
see Table G-3). The affected land belongs to 713 HHs in which 488 HHs are from
East Java province and 225 HHs are from Bali province. The impacts estimated are
based on a detailed land use assessment along the route given a 34 m wide ROW
for the TL.
Land Acquisition for Land Acquisition for Towers Land Use Restriction in ROW Total
Component
Substation (sqm) (sqm ) (sqm ) (sqm)
58. The IOL (Inventory of Losses) conducted in the range of April-July, 2015 and the
result showed that that there was only one a small kiosk that has been displaced with
the land acquisition process of component 3. There are no structures to be affected
2
About 23 km length of TL passes through forest area. This will be compensated as per forest regulation of
Government of Indonesia and therefore excluded from the scope of the resettlement plan. The amount of permanent
affected land (for tower base) is deducted for estimation of area affected by restricted use.
23
by New Kapal Substation. However, based on LARP 2013, a total of 128 structures
owned by 128 HHs including boundary walls, gates, etc. fall within the ROW and
they would be affected by restriction on their height. The owners could still live at
those buildings or homes and none of the structure would be demolished, partially or
entirely and therefore, no relocation of any structure/household would be necessary.
Some of these structures may however, be temporary affected during the stringing
activities.
Semi-
Component Temporary Permanent Total
Permanent
Component 1 0 0 0 0
Component 2 10 0 2 12
Component 5 34 24 58 116
Component 6 0 0 0 0
Total 44 24 60 128
Source: IOL carried out by the Consultant in May 2015 Note: Temporary -
thatched/wooden wall; Semi-Permanent - Mixed between thatched/wooden
and concrete wall; Permanent - Whole is concrete wall.
59. Crops, trees and plants would be permanently affected due to the acquisition of land
for tower footings. Further, all trees and plants growing over the height of 9 m within
the ROW would be affected and would need to be cut. All affected trees/crops both
for tower foundation and TL (trees and crops more than 9 m height and which may
grow above 9 m height) will be compensated at replacement cost. Additionally, crops
may also be damaged during stringing activities.
60. Based on preliminary estimates approximately 175,604 sqm of crop area will be
cleared due to construction of tower footings, TL and New Kapal substation. Of these
affected crop area 16,737 sqm belong to Bali province while 68,867 sqm crop area
belong to East Java. The Crop area affected by Antosari Substation is 4, 4 ha. The
affected crops are dominated by paddy fields.
24
Table G-5Affected Crops Area (sqm)
62. In addition to loss of crops, trees and plants will be affected due to the tower
footings. It is estimated that approximately 5,107 numbers of trees and plants of
small, medium and large sizes will be cut due to installation of towers. Estimated
number of trees and plants of small (< 9 m height), medium and large trees by
Components is shown in Table G-6. Affected trees include commercial wood trees
and fruit bearing trees consisting of coconut, mango, banana plantation, chocolate,
teak, bamboo plantation, wood trees etc. Most of these trees are located individually
or in clusters, mostly on field boundaries and plantation areas.
63. Some private assets (land, structures, crops, etc.) may be affected temporarily
during the stringing operations and other construction activities particularly for
access roads and establishment of construction facilities such as borrow area,
workers camps etc. such impacts will be identified during the detailed engineering
and LARP will be updated and compensation shall be paid as per project policy.
64. Preliminary IOL conducted in 2010 indicates that no APs will lose their
business/employment income due to the project. Survey carried out in 2015 for the
LARP updating identified that the project will not cause the loss of
business/employment income of the APs.
65. In addition to the affected forestry land that PLN shall compensate in accordance
with the forestry policy, the TL will cross-over several public infrastructure facilities
such as: national highways, railway tracks, rivers and irrigation canals, etc. (Table F
7). Advance notice will be required for crossing over minor infrastructure i.e. smaller
rural access roads or watercourses. For crossing major infrastructure, PLN will
continue consultation, obtain formal permission from each concerned agency and
provincial government agencies, and provide advance notice of commencement of
25
works. PLN will not be required to pay a fee or compensation for it. Official
clearances will be required for this purpose from the concerned state and provincial
agencies.
Vulnerable Groups
66. Based on the SES, of the total 487 HHs there are a total of 68 HHs identified as a
vulnerable group. Of these, 26 HHs is under the national poverty line, which is Rp.
312.328 per capita per month (BPS, 2016). Another 11 HHs are women headed
households without support of any other earning members, and 32 are elderly HHs.
These vulnerable households would be entitled to participate in the livelihood
restoration program. Distribution of vulnerable groups by provinces is outlined in
Table G-8.
67. Javanese in the East Java section of the project and Balinese on the Bali
Component of the project form the dominant groups affected by the project. National
Map on Remote Indigenous Communities issued by the Ministry of Social, 2004
identified that some IP groups such as Osing Community in Banyuwangi District,
Tengger Community (Bromo) in Probolingo District of East Java and Trunyan and
Songan Communities in Bangli District – Bali Province are located away from the
project areas and they will not be affected in any way due to the project. Muslims
form the majority in Java Island, while Hindus are predominant group in Bali Island.
So the Project will consider their traditions with respect and accordingly design a
strategy to formulate a suitable awareness program.
26
68. The project will not cause any adverse impacts on any ethnic minority. Affected
households belong to the major ethnic groups like Javanese, Madura in East Java
and Balinese in Bali. None of these groups would be affected differentially and none
have attachment to ancestral land, although they do have unique religious and
cultural practices, particularly the Balinese. None of the project affected households
satisfy the criteria for applicability of ADB‟s policy on IPs.
Summary of Impacts
69. Table G-9 gives the summary of land acquisition and other social impacts of the
Project.
Loss Category Unit Quantity Rem arks
Com ponent 1: Extension of substation at Paiton
Number of Households Nos. 0
No of Affected People Nos. 0 No land acquisition.
Extension of substation w ill be accommodated
Loss of Land (Permanent) sqm 0
in
No. of Affected Structures (Building etc,) Nos. 0 existing land ow ned by PLN
27
Loss Category Unit Quantity Rem arks
Com ponent 1: Extension of substation at Paiton
Number of Households Nos. 0
No of Affected People Nos. 0 No land acquisition.
Extension of substation w ill be
Loss of Land (Permanent) m2 0 accommodated in existing land ow ned by
PLN
No. of Affected Structures (Building etc,) Nos. 0
29
IV. SOCIOECONOMIC INFORMATION AND PROFILE
A. METHODOLOGY USED FOR SOCIO- ECONOMIC SURVEY
70. This section is based on the updated data/information collected through the census
of AHs, in the interval between April-July, 2015. The survey team also carried out in-
depth interviews with many leaders and representatives of the affected regencies on
their socioeconomic conditions and obtained additional detailed information on their
opinion with regard to relocation and income restoration in 2016 - 2017. In addition,
the team also collected some socio-economic data from Statistical books of affected
districts in East Java and Bali Provinces.
B. PROJECT AREAS
71. The TL will pass through three districts in East Java and two districts of Bali
provinces. Project affected area, population and number of electricity consumers in
these provinces is given in Table B 1 Profile of Direct Project Influence Area below.
Total
Total Land Affected Population
Population Population Electricity
Area of Sub- below
Regency Density of affected consumers
Regency districts Poverty
(nos./km2) sub- (HHs)
(km2) (nos.) Line
districts
East Java
Probolinggo 1,696 1,127,950 1 71,327 14,981 12,482
Situbondo 163,850 660,702 15 601,466 242,391 198,484
Banyuwangi 341,145 1,582,586 1 74,453 7,125 18,789
Sub-total 747,246 264,497 229,755
Bali
Buleleng 136,588 624,125 1 78,825 5,080 15,186
Jemberana 842 322,600 5 322,600 6,775 40,325
Tabanan 839 519,300 1 18,809 526 4,187
Sub-total 420,234 12,381 59,698
Total 24 1,167,480 276,878 82,453
% 23.72 7.06
C. SOCIO-ECONOMIC CHARACTERISTIC
72. The survey for LARP updating was carried out to 473 HHs to be affected by tower
development (31, 90% of the total AHs) comprising 254 HHs (17, 10%) in the
province of Bali and 219 (14, 80%) in East Java Province.
30
Socio-Economic Profile of Affected Household in East Java Province
73. Origin and Ethnicity. There are 738 AHs. Most families live in nuclear type of family
structure. Out of total 219 AHs, 19 HHs (9%) were identified as not originally from the
area where they live now and the 178 HHs (81%) are originally from the area, while
the remaining 22 HHs (10 %) did not disclose statue of their place of origin.
74. Religion. In East Java, majority of households are Muslim, followed by Christians,
Hindu family and one did disclose the religion but responded having faith in universal
God.
75. Education and Occupation. All children in schooling age among project affected
families were attending school. Out of total respondents, more than 75 % heads of
affected households were literate. However, majority (46%) have only basic
education (completed elementary and secondary schools). It‟s only 14% completed
high school and 6% finished college, while 10% did not provide response. In East
Java, majority household heads (54%) have farming and livestock raising as main
occupation and 4% unemployed. The rest (37%) are involved in other occupations
and no answer.
76. Income. The average family income of HHs in East Java from all sources including
wages and sales of agriculture product was Rp.16,450,205 with range of Rp.75,000
lowest to Rp. 1,000,000,000 highest. Out of total 219HHs, the 13 families have per
capita monthly income less than national poverty line standard, i.e. Rp.312, 328 per
capita per month. The figures for monthly household income of project affected
households may be revealed as low as some households did not disclose their all
sources of income.
77. There are total 8 women headed HHs (2%) in East Java of the total number of AHs.
They are considered vulnerable group. The range of monthly income earned by the
women headed households is from Rp.75,000. To Rp.1.000, 000,000. Their main
source of income is farming/livestock (40%), diver/labourer, work (40%), and others
(20%).
78. Origin and Religion. Out of total 254 surveyed HHs, 8 HHs (3%) consider
themselves as not original inhabitants from the area where they live now, 175 HHs
(69%) stated as original inhabitants while the remaining 71 HHs (28%) did not
disclose statue of their place of origin. The majority of Balinese are Hindu.
79. Education and Occupation. Over 86 % of AHs head in Bali are literate. However,
majority (35 %) of heads of affected households just completed basic education
(elementary and secondary schools). It‟s only 15% completed high school and 6%
finished college. In every household all schooling age children were attending
school. Majority of AHs occupation in Bali are farming (35%), followed by
business/trade/small shop (9%), employee (2%), labourer (2%), Fishermen (1%) and
2% unemployed. The rest (49%) are other occupations and no answer.
31
80. Income. The average household income in Bali province from all sources including
sales of agriculture products and other sources was Rp.1,409,880 with range of
Rp.100,000 lowest to Rp 10,000,000 highest. Average per capita monthly income of
10 HHs is less than national poverty line standard, i.e. Rp.312, 328. However, the
households below national poverty line reported to have sufficient food items
required for their household members for a year.
81. The majority of HHs in Bali province was headed by males (more than 98 %) and
only 5 HHs (2%) were headed by females. Most of women heading are farmers and
employees as the main source of income, while the range of monthly income is from
Rp.300,000 (farmer) – Rp.3,000,000
82. Energy Sources. In Eastern Java Province, the sources energy for lighting, cooking
and electronic of all respondents are come from PLN. For Bali province, all of
respondent use energy from PLN except one respondent (I Wayan Gajih) in
Nusasari Village sub-district Melaya is use the kerosene for cooking and lighting. Hi
is use kerosene because the condition of his economy cannot use energy from PLN.
83. Perception and Response to the Project. Base on interview with respondent at
East Java and Bali, the response and perception of communities to the transmission
Line SUTET 500 kV Java – Bali Crossing as shown on Table C 1and Table C 2
below.
32
Table C-1 Perception of Communities about Transmission Line Development
33
Response of Communities to Transmission Line PROVINCE
GENDER Total
Development EAST JAVA BALI
Agree Count 129 145 274
Response of % of Total 31,8% 35,7% 67,5%
Communities to Not-agree Count 4 24 28
MALE
Transmission Line % of Total 1,0% 5,9% 6,9%
Development Not Responded Count 27 77 104
% of Total 6,7% 19,0% 25,6%
Total Count 160 246 406
% of Total 39,4% 60,6% 100,0%
Agree Count 64 17 81
Response of % of Total 68,1% 8,1% 86,2%
Communities to Not-agree Count 0 1 1
FEMALE
Transmission Line % of Total 0,0% 1,1% 1,1%
Development Not responded Count 5 7 12
% of Total 5,3% 7,4% 12,8%
Total Count 69 25 94
% of Total 73,4% 26,6% 100,0%
Agree Count 193 162 355
Response of % of Total 38,6% 32,4% 71,0%
Communities to Not-agree Count 4 25 29
Total
Transmission Line % of Total 0,8% 5,0% 5,8%
Development Not responded Count 32 84 116
% of Total 6,4% 16,8% 23,2%
Total Count 229 271 500
% of Total 45,8% 54,2% 100,0%
84. From the survey data above, 40% of the public do not understand the importance of
JBC project and relevant impacts on communities. The results of the survey on the
perception of affected households about the JBC project implementation is the basis
for developing materials and methods in public outreach and consultation. In this
framework, specific consultations for project location determination have been
conducted by the land acquisition preparatory team, with PLN support, in Situbondo,
Probolinggo and Banyuwangi. Following the consultation the APs agreed with the
project development plan and land acquisition program and therefore, the Governor
issued project location determination. The consultations to inform affected
households on JBC project plan and implementation have also been conducted in
Bali.
85. Gender issues. Explicit consideration of social aspects of development has been
undertaken with issues such as people‟s participation, poverty reduction, and
enhancing role of women in development as priorities. Apart from family
responsibilities both in Bali and East Java Provinces, women play an active role in
34
the agricultural and forestry production processes, both on farm and in non-
agricultural activities. Balinese women actively work in public sector such as
construction workers, home industrial workers, farmers, and traders. Women may be
disadvantaged by the Project activities by losing land or income from land. Besides,
they may face exposure to / threats of sexually transmitted infection or HIV/AIDS as
it is well established fact that because of development activities mobility of truck
drivers and commercial sex workers increases intensifying chances of transmission
and spread of these diseases.
86. Attention needs to be taken to support them to maintain their sources of livelihood
and traditional production pattern. Particular attention shall be paid to the needs of
women in general, and women-headed households in particular, in formulation of
appropriate programs such as employment opportunities provided by the project to
ensure that women will equally benefit from the project. Other social issues related to
vulnerable groups, such as poor households, child labour, HIV/AIDS, human
trafficking and resettlement effects will also be duly considered for this project
preparation.
87. In particular both in Java and Bali dedicated consultations with women will be
conducted. In Bali, the project will also take into consideration that women in Bali are
responsible to prepare Adat ceremony in the particular day, therefore consultations
will also consider these days so that women will be ensured participate in the
consultation meetings.
35
V. PUBLIC CONSULTATION, PARTICIPATION AND
DISCLOSURE
88. Participation provides the occasion and the process by which stakeholders influence
and become co-responsible for the development of initiatives and decisions that
affect them. Through participation, the needs and priorities of the local population are
expressed and can be addressed in project and resettlement planning. The affected
households and other stakeholders will continue to be consulted during LARP
updating and implementation, following a two-way process-information dissemination
and gathering of feedback and suggestions.
A. STAKEHOLDER ANALYSIS
89. Stakeholders involved in JBC Project have been identified by PLN as per table below
Table A-1 Stakeholders Analysis
36
Engagement Date
Degree of influence
Effect of Project on
Communication or
Interest
Consultation
Participation
Information
Disclosure
Stakeholder Potential Interest in Project
Other
Land acquisition, resettlement and Yes Yes
Project affected people:
rehabilitation, loss or reduced
East Java (3 districts:
income, safety and health issues, 5 5
Probolinggo, Situbondo, Not yet all participated Not yet all participated
labor issue, direct benefit from the
Banyuwangi)
project.
Land acquisition, resettlement and Yes Yes
Project affected people: rehabilitation, loss or reduced
Bali (2 districts: income, safety and health issues, 5 5
Jembrana, Tabanan) labor issue, social (religious) impact Not yet all participated Not yet all participated
(heights of TL).
Some Yes,
Temporarily affected by
Nearby residents 3 3 Through leaflet posted at village
construction activities. During AMDAL study
office
Land acquisition, resettlement and Yes Yes
Project affected people:
rehabilitation, loss or reduced
East Java (3 districts:
income, safety and health issues, 5 5
Probolinggo, Situbondo, Not yet all participated Not yet all participated
labor issue, direct benefit from the
Banyuwangi)
project.
Yes Yes Involved in permit approval and
Officials of 6 districts General coordination and
(kabupaten), sub- information sharing (Construction During RP preparation and Public disclosure of RP and discussion on project design, especially
3 4 in Bali
districts, and local will take place in these districts), AMDAL AMDAL (limited)
villages grievance redress mechanism.
No, for Buleleng District
Yes Yes
Staff of Baluran Environmental and image issues During preparation of RP, EIA,,
National Park and Bali (TL will pass through special zone 4 4 AMDAL, and collaborative
Barat National Park of these parks). agreement for conservation forest
permit
Visitors of Baluran Environmental and image issues
National Park and Bali (TL will pass through special zone 2 3 No No
Barat National Park of these parks)
37
Degree of influence
Effect of Project on
Engagement Date
Communicatio
Interest
Consultation
Participation
Information
Disclosure
Stakeholder Potential Interest in Project
Other
n or
Safety and health issues, (TL will Yes, Yes, only in AMDAL
Staff of Perhutani Unit II, East
pass through and inside Perhutani 4 4 during preparation of RP, EIA, and
Java (including Bali Area)
area). AMDAL
Residents living around the Safety and health issues, (TL will Yes Yes,
project in Perhutani Unit II, East pass through and inside Perhutani 2 3 PIB for resettlement posted
Java (including Bali Area) area). during AMDAL consultation
on village offices
Staff and visitors of temples in Yes for staff, yet No for visitors No
Access for activities will be affected For visitors using
Bali (Pura Payagan, Pura Segara 5 5
during construction flyer/pamphlet
Rupek) for visitors
Compliance issue (Approval for TL
to pass nearby temples is given by Yes No
this group).
Religious group: Persatuan
5 5 During preparation of RP, EIA,
Hindu Darma Indonesia Environmental and religious issues
(TL is within 200-300 m and will be AMDAL, and approval of project design
visible from these temples).
No, before construction start
Yes No
Ministry of Environmental and Compliance issue (Some permits
4 5 For collaborative agreements of two
Forestry issued by MoEFor)
national parks (conservation forest)
Yes No
During preparation of RP, EIA, and
General coordination and AMDAL During permit process for
Ministry of Transportation compliance with government‟s 5 5 Construction and Operation of Tower
regulations. Crossing and Temporary Jetty
38
Engagement Date
Degree of influence
Effect of Project on
Communication or
Interest
Consultation
Participation
Information
Disclosure
Potential Interest in Project
Other
Stakeholder
Yes No
Provincial government handling Issue project location determination During RP preparation, approval of
4 4
for project location determination required for land acquisition project design, EIA, AMDAL
Yes No
Provincial Government in 2
provinces, including relevant General coordination and
3 4 During RP preparation, approval of
agencies (forestry agencies in compliance with local regulations.
East Java and Bali) project design, EIA, AMDAL
Yes, No
Employment issue due to the new
PLN and Subsidiaries labor union 3 4
system Meetings during project preparation
39
B. CONSULTATIONS AND PARTICIPATION
90. During the preparation of the project and the draft LARP, PLN supported by the
consultant, paid great attention and efforts on public and stakeholder‟s consultation.
The methods adopted for project information and public consultation included group
and focus discussion, public meetings, key informant interviews and HH‟s SES. The
consultation activities started from the Inception stage (March 2010) and continued
till census and SES in the months of November 2010 – May 2011 and April – May
2015. Consultations and focus-group discussions were held with (i) local authorities
of different levels provincial, district and sub-district, (ii) local community and groups
of affected HHs; (iii) local non-government organizations such as Women‟s
Association, Farmer‟s Association, etc.
91. Consultation sessions were also held with the representatives of the village
administration and neighbours of the Affected Persons in order to understand
community‟s response to the project, perceived benefits and impacts, local
needs/options, project options and choices. This included participatory discussions
and key informant interviews as part of the social assessment carried out for the
Project. The scope of the key informant interview included: a) capacity of local
governments on social safeguards implementation, and b) the possibility of pursuing
livelihood restoration programs for APs and vulnerable groups.
92. Public meeting and socialization to the peoples of planning implementation of the
Java – Bali Transmission project have been carried out simultaneously while the
survey for the LARP updating. The socialization and public meeting on 17 Sub-
district at East Java were held at: Banyuglugur, Besuki, Suboh, Mandingan,
Situbondo, Panji, Arjasa, Banyuputih, Kapongan, Asembagus, Panarukan and
Wonorejo, and in Bali at sub-district Melaya, West Selemandeg, Pakutatan, Negara
and Jembrana.
93. Details of various public consultations carried out in the process of preparation of
resettlement plan is summarized in Table B 1. The information gathered from the
consultation process has been used for assessing project resettlement impacts and
clarifying recommended measures to mitigate potential negative resettlement
impacts on local population.
40
Date Venue / No. of Participants Issues Discussed and Remarks
General information of the Components, its route and
Oct.–Nov. 2010 Situbondo District / 49
features;
List of project affected areas and the scale of possible
Oct.–Nov. 2010 Badung District / 03
land acquisition for the project TLs and sub-station;
Objectives and Principles of LARP according to the
Oct.–Nov. 2010 Buleleng district / 01 requirements of Government of Indonesia and ADB‟s
policy on involuntary resettlement;
Oct.–Nov. 2010 Jembrana district / 30 Livelihood restoration program;
Compensation and relocation modes (options for cash
Oct.–Nov. 2010 Tabanan district/ 32
and/or in-kind compensation);
27-May-10 District, Bali (Buupaties) / 31 Ethnic, gender and vulnerable group issues; and
Mechanisms of APs participation, grievance redress,
27-May-10 Banzar Village (Affected people) / 20
monitoring and evaluation.
Provincial Office of Land National Agency, Consultation on land acquisition under the new land
10-Jan-12
East Java acquisition law
Probolinggo District, Situbondo District, Consultation on land acquisition under the new land
10-Jan-12
Banyuwangi District in East Java acquisition law
Consultation with local governments and local leaders
Office of Baluran National Park in East Java
12-Jan-12 related to project potential impacts; safety, land
and Bali Barat National Park in Bali.
acquisition/resettlement
14-Jan-12 Tabanan District environmental and resettlement issues
Consultation with APs and village office on project
16-Jan-12 Land Office-BPN RI in Tabanan District.
potential impact; land acquisition, land rate, etc.
Practices on land acquisition in Tabanan District, land
28-Apr-15 Besuki Subdistrict in Situbondo District / 85
acquisition process
Public consultation with Aps and village office on project
29-Apr-15 MelayaSubdistrict in Jembrana District / 28
potential impact; land acquisition, land rate, etc.
Public consultation with Aps and village office on project
30-Apr-15 Mendoyo Subdistrict in Jembrana District / 30
potential impact; land acquisition, land rate, etc.
Public consultation with Aps and village office on project
30-Apr-15 Jangkar Subdistrict in Situbondo District / 36
potential impact; land acquisition, land rate, etc.
Public consultation with Aps and village office on project
4-May-15 Pekutatan Subdistrict in Jembrana District / 27
potential impact; land acquisition, land rate, etc.
Public consultation with Aps and village office on project
5-May-15 Bungatan Subdistrict in Situbondo District / 45
potential impact; land acquisition, land rate, etc.
Public consultation with Aps and village office on project
6-May-15 Kapongan Subdistrict in Situbondo District / 28
potential impact; land acquisition, land rate, etc.
41
94. Finding of Consultations. Major social issues with the proposed TL and sub-station
were identified mainly in Bali. According to the local beliefs, no structure should be
taller than a coconut tree as that indicates disrespect for God. In New Kapal
expressed their reservation on the proposed 500 kV TL due to the perceived
negative affect on their health. However, most of the respondents interviewed in Bali
support the project due to the benefits will bring to them. Based on Public
Consultation on April – July 2015 the most of the communities agreed with the
transmission line project of Java – Bali crossing and the Head of local Government
hopes the PLN continue conducting socialization about the project activities.
95. During the various consultation sessions at phase of LARP preparation and
updating, most people both in East Java and Bali fully supported the project. They
welcome the transmission line that will traverse their villages. Details of official record
on consultations can be seen in the Annex 2. However, people in East Java hoped
that PLN will maintain transparency in regard to land acquisition and payment of
compensation for impacted land and other assets, if any. The villagers also hoped
that the incoming power plant will be safer than that in Paiton in East Java as the
investor will implement state of the art technology and the generator will be silent, so
that there is no chance of noise pollution.
96. Project development plan of SUTET 500kV Java - Bali Crossing, has been
recognized by PAPs of the 17 districts crossed by the TL through the census survey.
Most of the affected residents in the area assert that they have all information of the
project plans from the PT.PLN (partners) directly.
97. PAPs in principle approve and realize the benefits that can be derived from this
project. Such as development of the region, increasing power reliability, reduce
power outages, and improve the electricity supply in the neighbourhood so that
electricity can be up to every citizen in need. However, the final approval and support
to the project, will be given by PAPs when PT.PLN (Persero) will conduct
consultation on the rights over the land affected by the transmission project and
there should be consultation for compensation / indemnity residents affected by the
project. The suggestions presented in consulting citizens, among others: i) need
socialization and coordination with the village and also local residents, so that
suggestions and complaints of citizens delivered to the authorities; ii) the project
should be able to meet the electricity needs of citizens; iii) the implementation of the
project needs to be accelerated and also pay attention to the economic conditions of
society. Consultation process for project location determination has been
successfully carried out for Situbondo, Probolinggo and Banyuwangi.
98. Most of the PAPs stated that they prefer to receive information about the project from
PT PLN (Persero). It can also be delivered in a meeting with village community.
Currently, the affected people (APs) well-informed about the 500 kV transmission
project that will cross their villages. The Affected Peoples also quite understand the
42
impacts of this 500kV transmission project. In addition, people in the districts still
need more socialization or a thorough explanation of the Paiton project 500kV high-
voltage transmission - Watudodol - Antosari , and SUTT 150 kV Antosari - GI New
Kapal. A summary of the key issues raised during focus group discussions is in
Table B 2 Issues from Consultation with Stakeholders
43
Issues Stakeholders‟ Suggestion Proposed Action
If the project team needs to enter the sites for any project
related activities, it is expected that PLN and all of its
counterparts to work in coordination with the local heads
44
Issues Stakeholders‟ Suggestion Proposed Action
45
Issues Stakeholders‟ Suggestion Proposed Action
46
Issues Stakeholders‟ Suggestion Proposed Action
c. Valuation, grievance redress and compensation of affected land, c. Compensation for all affected assets at
plant, building, etc. These should be assessed based on market price. replacement cost based on market prices;
47
Issues Stakeholders‟ Suggestion Proposed Action
48
Issues Stakeholders‟ Suggestion Proposed Action
49
99. People in Bali consider that current electric supply is sufficient for household
purposes, but not for hotel and commercial needs. They think that it will be better to
build 500kV TL in the same route as the existing route of 150kV TL in order to
reduce the requirement of fertile land. Alternate way is to use underground cable
instead of overhead cable, so that it does not impact people around, their
surroundings and will not disturb flora and fauna in Bali Barat National Park as well.
They recommend that:
Determination of land rate should not only refer to NJOP (Price Based on Scat),
but should refer to recent market price in the locality.
It is essential that transaction for land acquisition is dealt by land owner and PLN
only, not by broker.
Compensation for lands within Right of Way (ROW) along the transmission line
should be taken into consideration.
Transmission line should not cross over temple as well as other religious sites in
order to avoid electrical negative impact and to respect the faith of Hindu People
of Bali.
100. All the villagers are willing to participate in the project activities if PLN maintain
coordination with the community and take such care that the project will not
adversely affect the villagers. The group strongly suggested:
To pay more attention to matters of safety, security and health of local community
during construction and operation of power plant.
Valuation, redress and compensation of affected land, plant, building, etc. should
be assessed based on market price.
For the construction local people should be given priority to get deployed as
project labourers.
101. The consultation process will be carried out throughout the planning and
implementation phase of the project, as shown in Table below. Follow up
consultations shall be carried out during the census and during the land acquisition
implementation by implementation committee/Land office.
50
102. Consultations for land acquisition preparation have been done in Java as well as
in Bali. In Java, Government issued the Project location determination (Probolinggo
and Situbondo on June 2016 and Banyuwangi on May 2017). Regarding the Bali
side Consultation for project location determination have been conducted by
December 2016, the issuing of Project location determination by the Government is
in process
51
Target
Implementing
Purpose of Event Form of Event Participa Remarks
Agencies
nts
Phase of Land Acquisition Planning: LARP preparation and Updating
Posting of
leaflets/public
information booklet
PT PLN
(PIB) on village
Project Office,
offices/Adat Villages
Village Head
and made available Disclosed Draft PIB is
Disclosure of LARP (Kepala Desa
to the Aps All APs attached (Annex 2)
Dinas)/Adat
Uploading on PLN
Village Head
website
(Ketua Desa
Copies made
Adat)
available at PLN
project offices, and
BPN‟s local offices.
PT PLN
Inform APs and APs,
Project Office,
beneficiaries of project Community stakehold Meetings to be held
Land Agency,
progress, final design, meetings and focus ers, with APs and with
PIC, Village
land acquisition, and group discussions beneficiari beneficiary population
Head/ Adat
timing es
Village Head
PT PLN
Project Office,
Inform APs on DMS,
Land Agency
finalize the identification
Face to face supported by
of losses, project
meeting, community PIC and APs,
benefit, and grievance
meetings village
redress mechanism
head/Adat
Village Head
52
Target
Implementing
Purpose of Event Form of Event Participa Remarks
Agencies
nts
PT PLN
Will ensure
Project Office,
Consultation/negotiation Community participation of women
Land Agency
on compensation, meetings, and vulnerable groups
supported by APs
income restoration, and stakeholders in the consultation
PIC and village
payment mechanism meetings meetings.
head/Adat
Village Head
Posted updated
leaflets/public PT PLN
information booklet Project Office,
on village Land Agency,
offices/Adat supported by
Villages and made PIC, Village
Disclosure of updated
available to the Aps Head (Kepala All APs
RP
Uploaded on PLN Desa
website Dinas)/Adat
Copies made Village Head
available at PLN (Ketua Desa
project offices, and Adat)
BPN‟s local offices.
Further consultation on Vulnerabl
income restoration Community e groups
/livelihood restoration meetings/focus and
program group discussion severely
APs/AHs
Monitoring of
All APs or compensation
PT PLN random payments and
Household
Monitoring and Project Office, sample compensation in kind
interviews, group
evaluation (during Land Agency, depending Monitoring of land
discussion, site
resettlement) PIC, external on evacuation
investigation
monitor number of Monitoring of
APs rehabilitation
measures
All APs or
PT PLN random Monitoring of
Monitoring and Household
Project Office, sample rehabilitation
evaluation (six months interviews, group
independent depending measures
after end of discussion, site
external on Monitoring of
resettlement) investigation
monitor number of any grievances
APs
Monitoring of
All APs or
results of the
random
Household resettlement
Monitoring and Independent sample
interviews, group program
evaluation (after the end external depending
discussion, site Assessment of
of construction) monitor on
investigation rehabilitation
number of
and satisfaction
APs
of APs
53
103. Consultation will be conducted by taking into account the culture and institutional
structure in the project area. In Bali, considering the strong culture and role of
traditional institutional structures, consultation will be carried out not only through the
government institutions, but also through the customary institutions especially at
village level (desa adat or desa pakraman). The consultation will also be carried out
not in the days of customary/traditional ceremonies and celebrations as all citizens
will be busy with the celebration. The consultation will also take into consideration of
participation of women, therefore consultation on the days when Balinese women
cannot leave the house because they have to prepare a customary ceremony will be
avoided.
104. A draft updated public information booklet (PIB) has been prepared and will be
distributed to the affected households at the Public Consultation (Annex 2). The
following information will be provided in the PIB: (i) a brief background of the Project,
specifically the civil works to be undertaken; (ii) potential social impacts; (iii) Key
provisions of the compensation policy including income rehabilitation and assistance
to vulnerable groups; (iv) basic principle of asset valuation and compensation; (v)
resettlement schedule including timing of payments and the schedule of
displacement; (vi) grievance redress mechanism; and (vii) contact persons at PLN
and concerned local authorities. Upon finalization, PLN will translate the PIB in
Indonesian for distribution to the APs during the final survey by Land Acquisition
Implementation Team.
105. Copies of the approved draft and updated LARPs in 2013 have been uploaded
on the PLN and ADB websites. They have been made available at PLN Project and
local government offices that are traversed by the project including provincial
government and Land Agency. The final updated LARP will also be uploaded on the
ADB and the PLN website. Additionally, summary of the LARP (including project
potential impacts, census, asset inventory and valuation) and the key provisions of
the compensation policy and resettlement entitlements in the form of Public
Information Booklet will be translated in Indonesian and will be placed at the village
office and made available to the APs.
54
D. GRIEVANCE REDRESS MECHANISMS
106. In order to ensure that all APs‟ grievances and complaints on any aspect of
Project in particular on land acquisition related issues are addressed in a timely and
satisfactory manner, a well-defined grievance redress mechanism needs to be
established. All APs can send any questions to the implementation agencies about
their rights in relation with entitlement of compensation, compensation policy, rates,
land acquisition, resettlement, allowance and income restoration.
107. Consultation and participation of the APs should serve to minimize the
occurrence of major grievances. However, to ensure that the AP have avenues for
redressing their grievances, procedures have been established for the Project, in
accordance with Act No. 2/2012 on Land Acquisition for the Development in the
Public Interest and other related/followed regulations either at the national level or
regional level.
108. Grievances related to any aspects of the Project will be handled through
negotiation with aim to achieve consensus. The procedures to be followed in
resolving complaints on the affected assets, the level of compensation offered by the
government, and other aspects of the Projects are outlined below. All administrative
channels, such as the office of the Camat and the office of the Regent, will be
exhausted in the effort to resolve any complaint before elevated to a court of law for
adjudication. No cost shall be borne to the APs in relation with the grievance redress
mechanism.
109. An AP/AH may raise any complaint to the District Head or Head or PLN UIP East
Java and Bali.
110. The District Head establishes a team to assess the complaint. If the complaint is
meritorious, the District Head will ask PLN General Manager/Head of Unit to find
another location for that component of the project. However, if the complaint is not
acceptable, the team will recommend the District to reaffirm the project location
determination permit.
111. If the aggrieved party is not satisfied with the decision of the District Head, she/he
may file the complaint to the Court for adjudication.
112. There were two complaints raised by a AH and a private company in Banyuwangi
District, East Java for project determination received Land Acquisition Preparatory
Team in 2016. These two parties objected their areas to be traversed by the project
and requested PLN to reroute the transmission alignment. . These complaints have
been settled by the preparatory team supported by PLN‟s team and no realignment
of the transmission line should be undertaken. Following the agreement of the APs
for project location and acceptance of complaint solution by the complainants, East
Java Governor issued the project location determination for Banyuwangi. There was
55
no complaint raised by AH in Probolinggo and Situbondo. The project location
determination has been issued for these two regencies. Whereas the issuance of
project location determination for Bali section is till pending due to the rejection of
project location by the Buleleng Regent. PLN is still trying efforts to settle the issues.
113. An aggrieved AP/AH may appeal the result of the DMS on affected land and
other assets found on the affected land (buildings, plants, other objects) to PLN Land
Acquisition Committee (PLN LAC).
114. PLN LAC within fourteen (14) days will verify the results of the DMS on affected
assets of the AH and will make necessary revisions/corrections, as needed.
115. If the grievance complaint concerns ownership/control of land and/or other assets
found on the affected land, PLN LAC will seek a settlement with the contending
parties through consultation.
116. If the consultation does not produce a settlement, PLN LAC will advise the APs to
resolve the case through the Court.
117. PLN keeps the records of all complaints and disputes handled.
119. An AP/AH who is not satisfied with the amount of compensation initially offered
by the PLN LAC has within 90 days to come into agreement with PLN LAC on the
level of compensation for affected assets, including income loss for adversely
affected business or employment.
If negotiation on compensation with PLN LAC fails, the PLN LAC shall suggest
the Board of Directors or any official one level below the Board of Directors or the
General Manager/Head of Unit to relocate the development plan to another
location of the PLN LAC shall request the Board of Directors or any official one
level below the Board of Directors or the General Manager/Head of Unit to agree
with the amount of compensation demanded by the APs/AHs.
If the aggrieved AP/AH is not satisfied with the decision of PLN Board Directors
on compensation rate and/or compensation amount then PLN LAC could take the
complaint case to the District Court. The District Court shall determine the
complaint case within fourteen (14) working days after the case submitted. If the
complaint case cannot resolve at the Court level, then PLN LAC could take the
case to the Supreme Court.
56
The Supreme Court should determine the case no later than thirty (30) working
days after the appeal is received. The final decision of the Court/Supreme Court
will be as the legal basis for the payment of compensation to the owner (AP/AH)
of impacted (land and non-land) assets. If the AP/AH still refuses the decision of
the Court/Supreme Court, then the PLN LAC will deposit the amounted money of
land and other assets compensation in the Court.
120. An aggrieved AP/AH may bring any complaint either directly to PLN project office
or contractor or to the locally recognized informal leader in the sub-village/community
neighborhood level, or village leader in the village level who will bring the grievance
to the Contractor or PLN Office, in the first instance to seek resolution. The
PLN/contractor/community formal and informal leaders have fourteen (14) days to
settle the complaints.
If the grievance cannot be resolved, the AP/AH may convey the grievance to the
community informal leader in the sub district level (if any) or directly bring to the
head of sub district (Camat) to get resolution. At this level, the Camat has
fourteen (14) days to settle the complaint.
If the grievance cannot be resolved, the AP/AH may convey the grievance to the
district office for resolution. The district office has fourteen (14) days to settle the
complaint.
If the aggrieved AP/AH is not satisfied with the action taken on the complaint,
she/he may file the complaint to the Court for final adjudication.
121. Related with all complaints/disputes that may be raised by AP/AH, the PLN LAC
shall be responsible for recording and storing records on all complaints delivered and
handled. PLN Project staff will make maximize efforts and work closely with village
chiefs and/or locally recognized informal leaders such as religious leaders or
neighborhood community leaders, whenever possible, to resolve all complaints at the
local level to prevent the appeal to a higher level.
123. PLN project staff will maintain full record of all complaints received, date and
place, and actions taken. Complaints received verbally will be written down. Figure
D-1 shows the proposed grievance redress mechanism.
57
Affected Persons
14 days
Compensation
Not Addressed
PLN/Land Agency
90 days
Grievance Addressed
Not Addressed
District Court
14 days
Grievance Addressed
Not Addressed
Supreme Court
30 days
Grievance
Addressed
Not Addressed
Deposit to the
Court
58
124. For handling the grievances of APs in Bali, attention will be paid to several crucial
items. Bali has a dual governance structure, namely government structure and
traditional/customary structure. Traditional/customary leaders (pemangku adat) plays
significant role in the normal day-to-day life of the Balinese particularly concerning
adat affairs. Traditional governance structure also exist from village to provincial level
(Desa Adat or Desa Pakraman at village level, Desa Adat Madya at sub district level,
and Desa Adat Agung at district level). As the traditional/customary structure in Bali
has significant role for the Balinese, the grievance redress mechanism in Bali will
take into consideration the traditional structure existence. Therefore, it is necessary
that all complaints are also directed to respective Desa Adat Head (Kepala Desa
Adat) at village level, in addition to Desa Dinas Head (Kepala Desa Dinas). At the
local level, both the kepala desa adat and kepala desa dinas will coordinate among
themselves to address the complaints together with project staff of the PLN. When
the complaints are elevated at sub district level, Majelis Desa Adat Madya at sub
district level would also be member of team addressing the complaints at that level.
Taking into account the fact, the grievance redress mechanism provides for
important role to be played by Kepala Adat in Bali.
125. Balinese people have strong customary bond with their living place. What makes
them bound are customary values associated with shrine, cemetery activities, social
connections and social activities. All of those values have been determined in
customary statute (awig-awig) prevailing within each customary village. A customary
village can consist of several administrative villages. Every person / household
moving out from their customary village, either by their own willingness or involuntary
displacement, has to find a new customary village to live in. Balinese people are able
to run customary values in their life if only they have become member of a customary
community and fulfill the obligations determined in the awig-awig.
126. Balinese people are able to move in to another customary community in another
customary village with requisite of paying “penanjung batu”. It is a fee (in form of
kepeng money which can be converted into IDR rate) in amount equal to total value
of customary village‟s assets divided by the number of member of the customary
village. The amount of the customary village‟s assets is relative. It can be estimated
into IDR rate if the customary village has customary rural micro loan institution
(LPD), land, shire structure, village hall, facilities, infrastructures, etc. The customary
village located in tourism area may have assets worth billions IDR, such as
customary village of Sanur, Legian, Kuta, Jimbaran, Ubud, Mengwi, Denpasar Kota,
etc. The customary village located more to the rural area, like from Tabanan heading
to Gilimanuk, mostly doesn‟t have asset with high rate, so the fee for becoming the
customary village member does not cost much. However, the physical and
psychological difficulties to the new customary member are certainly priceless. Thus,
the case of Balinese people‟s shifting to another customary village is not common.
127. The acquisition of land from Balinese APs is not likely to pose any problem if the
replacement land is in the area of the same customary village (wewidangan) or the
APs is not losing all their land and thus not getting completely displaced from the
59
project area. As the APs don't have to move in to another customary village, the
acquisition of land
60
VI. LEGAL FRAMEWORK
128. This chapter discusses the national, provincial, Project level resettlement policies
and legal issues involved in land acquisition and compensation. The chapter
describes the principles and approach to be followed in minimizing and mitigating
negative social and economic impacts by the Project.
129. The principal laws and acts of Government of Indonesia in regard to land
acquisition, compensation and resettlement include the following; i) Law on Land
Acquisition for Development in the Public Interest; ii) Indonesian National Electric
Act; iii) The current Presidential Decree (Keppres) of Indonesia in case the
Government Regulation for the Land Acquisition Law has not been issued; iv) Other
relevant national and local laws and regulations
130. The Indonesian National Electric Act Number 30, Year 2009 states that
Indonesian government is responsible for providing safe, reliable, efficient and
environment friendly power supply. To provide such power supply, Indonesian
government establishes the Act and the regulations in which the installation and
maintenance of electric power plant, transmission, distribution, receiving facilities in
building are required to follow the existing regulations, standards and codes
especially design, technology, and health, safety and environmental requirements.
131. Regulations that became the main basis for land acquisition and compensation
are as follows:
Law No.2 Year 2012 on Land Procurement for Development for Public Interest
Presidential Regulation No. 71 Year 2012 on the Implementation of Land
Procurement for development in the public interest and its amendments
Please identify other presidential regulations related to land acquisition
(implementing land acquisition regulations)
Law No. 30 Year 2009 on Electricity.
The Board of Directors Decree No. 0344 of 2016 on Land Acquisition in the PT.
PLN (Persero)
The Board of Directors Decree No. 0104 2015 on guidelines for Procedures for
procurement electricity Land for Infrastructure Development
Regulation of the Minister of Energy and Mineral Resources No. 38 Year 2013
concerning Compensation for the land, buildings and plant that are free under
high voltage and extra high voltage.
132. The Act No. 2/2012 regulates that land acquisition is undertaken through a
planning by involving all concerned stakeholders and taking into account the
interests of development and community. In addition, land acquisition is conducted
61
by providing fair and adequate compensation. The Act also recognizes that i).
residents controlling and utilizing land are entitled to compensation; ii) valuation for
all losses (lost land and non-land assets, other losses that can be valued) by
appraiser plot by plot; iii) requirement of project location permit that should refer to
the spatial planning prior to land acquisition; iv) land acquisition implementation by
Land Agency (National Land Agency/BPN); and vii) monitoring of land acquisition
and acquired land.
133. The 2012 act has been is in line with the ADB SPS (2009) and just a few gaps
are identified and need to be redressed, including the principle of no depreciation for
compensation of lost structures, clear provisions on livelihood restoration programs
for severely affected persons and vulnerable groups to ensure that their living
standard will not be worse off, assistance for relocation (transition allowance), and
requirement for external monitoring.
Law No. 11 Year 2011 on Economic, Social, and Cultural Rights that protects
people rights including rights to decent living.
135. The aim of ADB Policy on Involuntary Resettlement is to avoid or minimize the
impacts on people, households, businesses and others affected by the acquisition of
land and other assets, including livelihood and income. Where resettlement is not
avoidable, the overall goal of the ADB policy is to help restore the living standards of
the affected people to at least their pre- Project levels by compensating for lost
assets at replacement costs and by providing, as necessary, various forms of
support.
136. ADB SPS (2009) consolidates three existing safeguard policies: Involuntary
Resettlement (IR), Indigenous Peoples (IP), and environment. The objectives of the
IR policy are:
62
To improve the standards of living of the displaced poor and other vulnerable
groups.
138. The provisions of the 2012 land acquisition act are generally has been in line with
the provisions of the ADB SPS (2009) with only minor gaps including requirement of
SES (Table 5.1.7 2), principle of compensation for affected structures without
depreciation, provision of livelihood restoration programs for severely affected
persons, special attention to severely affected persons and vulnerable groups to
ensure that they are not worse off due to the project, and assistance for relocation
and (transition allowance) . The land acquisition and resettlement policy for the
project will be generally guided by the provisions of the Land Acquisition Bill of 2012
with procedural amendments, where necessary, consistent with the objectives and
requirements of the ADB SPS (2009).
63
Principles Government Policies and Best Practices ADB Policy Project Policy
64
Principles Government Policies and Best Practices ADB Policy Project Policy
Table B-1 Comparison of Government Law and Regulations with ADB and Project
65
C. COMPENSATION AND RESETTLEMENT POLICY FOR THE PROJECT
139. Where possible, PLN will explore all opportunities to avoid land acquisition and
displacement through engineering alternatives. Where impacts are unavoidable, PLN
will ensure that all adverse impacts are mitigated and affected persons are able to
improve, or at least restore their livelihood to pre-project level.
140. Compensation for all assets acquired by PLN will be provided at their
replacement cost. Calculation of full replacement cost will be based on the following
elements: (i) fair current market value at the time of compensation; (ii) transaction
costs; (iii) transitional and restoration costs; and (iv) other applicable payments, if
any. The compensation for affected structures will be paid without depreciation and
deductions for salvaged material. It is expected that qualified and experienced
experts will undertake the valuation of acquired assets.
141. The policy covers all people affected by PLN TL projects, irrespective of their
land tenure status. Persons or households without formal legal rights or recognizable
claims to the acquired land are still entitled to be compensated for their loss of assets
other than land, such as dwellings or other improvements on the land at full
replacement cost, provided that they have occupied/used the land or structures in
the affected land prior to the cut-off date. Where resettlement is necessary PLN will
develop resettlement options that can include cash payments or equivalent,
replacement land or other forms of assistance based on discussions with the
affected families.
142. The key policy principles governing the land acquisition and resettlement
activities in the project and, components to be financed by the ADB including
associated facilities that are financed by the Government or other sources, are as
follows:
Screen early to identify involuntary resettlement impacts and risks and determine
the scope of resettlement planning through a survey and/or census of displaced
persons, including a gender analysis, specifically related to resettlement impacts
and risks.
PLN will carry out meaningful consultations with displaced persons, host
communities, and concerned non-government organizations. Inform all displaced
persons of their entitlements and resettlement options and ensure their
participation in various stages of the project especially vulnerable and poor
groups. Establish a grievance redress mechanism to receive and facilitate
resolution of the displaced persons concerns. Support the social and cultural
institutions of displaced persons and their host population.
Improve, or at least restore, the livelihoods of all displaced persons through (i)
land-based resettlement strategies when affected livelihoods are land based
where possible or cash compensation, assistance at replacement value for land
66
when the loss of land does not undermine livelihoods, (ii) prompt replacement of
assets with access to assets of equal or higher value, (iii) prompt compensation,
assistance at full replacement cost for assets that cannot be restored, and (iv)
additional revenues and services through benefit sharing schemes where
possible.
Disclose both the draft and final Land Acquisition and Resettlement Plan (LARP)
in a form and language understandable to displaced persons and other
stakeholders.
Include the full costs of resettlement in the presentation of Project‟s costs and
benefits.
67
VII. ENTITLEMENTS AND ASSISTANCE
A. ELIGIBILITY
143. All affected persons losing land, buildings, plants and other objects related to the
land will be compensated and rehabilitated in accordance to the type and amount of
their losses (Land Acquisition Law No. 2/2012). Eligibility will be determined with
regard to the cut-off date, which is taken to be the date of completing detailed
measures survey for which land and/or assets affected by the projects are
measured. The APs will be informed of the cut-off date for each project component,
and any people who settle in the project area illegally after the cut-off date will not be
entitled to compensation and/or assistance under the project.
144. In addition, the extent of eligibility for compensation with regard to land is
determined by legal rights to the land concerned. There are three types of APs: i)
persons with legal rights to land lost in entirety or partially, ii) persons who lost land
they occupy in its entirety or partially who do not currently possess a legal rights but
have a claim that is recognizable under national laws, or, iii) persons who lost land
they occupy in its entirety or partially who do not have any recognizable claim to that
land. APs included under i) and ii) above shall be compensated for the affected land
and assets upon land. APs included under iii) shall not be compensated for the
affected land, but for the affected assets upon land and are entitled to assistance if
they have to relocate.
B. ENTITLEMENTS
145. According to Act no. 2 of 2012 and Perpres (Presidential Decree) No. 71/2012
“Implementation of Land Acquisition for the Development of Public Interest” and its
amendments, affected persons are entitled to compensation in the form of (i) cash,
(ii) land for land, (iii) resettlement (substitution for houses), or (iv) other form of
compensation which are agreed by both parties concerned. Valuation of land
acquisition objects will be done by a certified professional appraiser / Independent
appraiser agency. The valuation results will be used by Land Agency as the basis of
negotiation with the affected persons to determine the final fair compensation value
and ensuring that the agreed compensation is at least at replacement cost. Act no.
30/2009 on Electricity regulates that compensation will be provided for the land
traversed by the TL that will resulting in decline in its value.
146. Please explain on replacement cost study in reference to provisions in the Law
2/2012 and Guides from MAPPI‟s standard (SPI 306).
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APs affected by permanent loss of land and assets due to the tower footings will
be compensated at replacement cost, without any deduction for taxes and
administrative cost based on Indonesian government‟s tax regulation.
APs affected by permanent loss of commercial and fruit trees above the 3 m
height, within the ROW will be entitled to compensation at market price;
Temporary acquisition of land and or other assets for access roads, storing of
equipment and material, labour camps etc. will be compensated according the
policy in this LARP and contractors will make good the assets before returning to
the owners.
Based on the analysis of the impact of the project, an entitlement matrix has been
prepared as a guide to compensation payments (Table C-1). The matrix describes
eligibility and payments according to the type of loss.
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Type of Losses Entitled Persons Entitlements
Private Residential and Land owners with legal title Compensation in the amount of 15% current land value for tower bases without any deduction
nonresidential land. or traditional title (customary land) of administrative cost and taxes based on government tax regulation.
Crops and trees Land owners with legal title Tree will be compensated. The value of compensation will be based on Government
or traditional title (customary land) regulation. .
No compensation for seasonal crop.
Advance notice of at least 30 days (or based on agreement with APs) to harvest tree
products.
Structure/ building Legal owner or occupant Structure still can be used by AP however additional levels cannot be added. Compensation
will be paid for this permanent restriction based on the government valuation.
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Type of Losses Entitled Persons Entitlements
Income Loss Losses of business or employment Permanent loss: cash compensation of two months‟ net business income loss.
income for the business established Temporary loss: cash compensation based on the duration of the stoppage, to a maximum of
more than 6 months two months.
Evidence of income level to be provided, but at least Government – decreed minimum
wage to be paid
III. Public Facilities
Community Facilities, Local communities/Government agencies Rebuild the facilities at least as per pre project condition based on agreement by both parties.
Public infrastructures
IV. Temporary Loss of Land & Impacts on Non-Land Assets during Construction
Temporary loss of Land To be determined during final detailed APs whose land is taken temporarily due to civil work under the payment for land based on
measurement prevailing rental cost and agreed by
survey and during construction Restoration of land will be done as pre- project condition.
Impacts on Non- Land Owner regardless of tenure status Trees/Crops: Compensation will be provided at replacement cost (see I C)
Assets (crops, trees, including sharecroppers Structure: Compensation to the affected assets at full replacement cost based on actual
houses, structures) market prices of materials and labor for dismantling, transfer, and rebuild based on
government regulation. No deduction for depreciation, transaction cost or value of salvaged
material. If remaining structure is no longer viable, entirely structure will be acquired with
compensation at replacement cost.
Restoration of the land to pre-project condition or better Advance notice of at least 30 days to
harvest the crops or to fell the trees.
V. Special Attention to Severely Affected and Vulnerable Groups, including Women, IPs, and Poor People
APs that lose more than 10% of their total Severely APs:
productive Aside of receiving compensation for lost assets, they are entitled for income restoration
Land/assets. program agreed by the APs.
APs who are categorized vulnerable Vulnerable:
groups regardless of severely of impacts Aside of receiving compensation for lost assets, they are entitled for rehabilitation program
including elderly (more than 70 years) agreed by the APs.
household heads , disabled household
head, poor, landless, households headed Based on project needs, opportunities will be provided for project employment of APs having
by women appropriate qualification and skills.
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Table C-1Entitlement Matrix by Type of Loss
72
VIII. INCOME RESTORATION AND REHABILITATION
A. ENTITLED PAPS
148. In addition to compensation of loss of land and non-land assets, the Affected
Persons (APs) will be entitled to other assistance. Severely affected APs with loss of
more than 10% of their productive assets or total household income will be entitled to
income rehabilitation assistance. The LARP therefore includes possible income and
livelihood restoration activities that are based on the inventory during the social
survey for initial planning. During the detailed measurement survey, PLN project unit
will coordinate with PLN Regional Office responsible to implement the program. PLN
will further review and develop appropriate income restoration programs in
consultation with severely affected APs by evaluating their needs and priorities.
149. Income of severely affected entitled parties and vulnerable groups will be
enhanced, so that they would thoroughly benefit from the project. The income
restoration and rehabilitation will be delivered whether by PLN UIP Jawa Timur and
Bali I through Corporate Social Responsibility (CSR) programs.
150. Based on finding from the field collected by local Consultant in April 2017, 110
HHs are estimated to be severely affected due to loss more than 10% of their
productive assets, most of which are agriculture land (paddy and crop land). The loss
of these lands will directly reduce their capacity to produce commodities for their
sustenance, as well as sell surpluses to the market. In order to address loss of
livelihood due to land loss, they will be provided with income/livelihood restoration
program. In addition, vulnerable households comprising 10 women headed
households and 43 elderly headed households in East Java and 16 women headed
households and 25 elderly headed household in Bali will be entitled to participate in
income/livelihood restoration programs. About 24 households falling below poverty
line will also be entitled to participate in livelihood restoration program. (Annex 8 List
of Severity affected and Vulnerable Group)
PROVINCE Total
EAST JAVA BALI
LAND OF PROJECT JAVA BALI CROSSING PROJECTS LOSS < 10% Count 36 24 60
% of Total 21,2% 14,1% 35,3%
LOSS > 10 % Count 55 55 110
% of Total 32,4% 32,4% 64,7%
Total Count 91 79 170
% of Total 53,5% 46,5% 100,0%
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PROVINCE Total
EAST JAVA BALI
VULNERABLE GROUP AGE <70 YEAR Count 81 54 135
% of Total 47,6% 31,8% 79,4%
AGE >70 YEAR Count 10 25 35
% of Total 5,9% 14,7% 20,6%
Total Count 91 79 170
% of Total 53,5% 46,5% 100,0%
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151. The field survey was focused on PAP‟s need, skills and preferences assessment.
According to the activities practiced by the HH components, the survey aimed at
investigating the type of improvement can be provided to their activities in terms of
physical inputs and training. The tables below show the PAP‟s preference for the
income restoration program.
152. The assessment was structured giving the HHs and HH components the
possibility to express their preference in term of livelihood improvement and their
interest in working within the project development by contractor side.
153. As it is shown in the tables most of the HHs are interested in agricultural and
livestock physical inputs associated with training. The 3.5% asked access to credit
while the 26.5% has no idea in regard.
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PROVINCE Total
SUGGESTION FOR INCOME RESTORATION PROGRAM
EAST JAVA BALI
LIVESTOCK & TRAINING Count 2 0 2
% of Total 1,2% 0,0% 1,2%
FARMING TOOLS, SEEDS & TRAINING Count 28 29 57
% of Total 16,5% 17,1% 33,5%
SEEDS SUPPORT Count 16 1 17
% of Total 9,4% 0,6% 10,0%
FERTILIZWER, SEEDS & TRAINING SUPPORT Count 4 0 4
% of Total 2,4% 0,0% 2,4%
WATER AVAIBILITY FOR FARMING Count 2 0 2
% of Total 1,2% 0,0% 1,2%
WATER AVAIBILITY DAN LIVESTOCK SUPPORT Count 2 0 2
% of Total 1,2% 0,0% 1,2%
CARPENTER TOOLS SUPPORT Count 0 2 2
% of Total 0,0% 1,2% 1,2%
LIVESTOCK & TRAINING SUPPORT Count 0 13 13
% of Total 0,0% 7,6% 7,6%
CHOCOLATE SEEDS SUPPORT Count 0 1 1
% of Total 0,0% 0,6% 0,6%
FARMING TOOLS & TRAINING SUPPORT Count 0 3 3
% of Total 0,0% 1,8% 1,8%
HAND TOOLS SUPPORT Count 0 2 2
% of Total 0,0% 1,2% 1,2%
IMPROVEMENT OF IRRIGATION CHANNELS/ORONG-ORONG Count 0 4 4
% of Total 0,0% 2,4% 2,4%
WELFARE BENEFIT FOR LANSIA Count 0 2 2
% of Total 0,0% 1,2% 1,2%
PADDY SEES & TRAINING SUPPORT Count 0 1 1
% of Total 0,0% 0,6% 0,6%
FERTILIZER & TRAINING SUPPORT Count 0 7 7
% of Total 0,0% 4,1% 4,1%
BUSINESS CAPITAL ASSISTANCE Count 2 4 6
% of Total 1,2% 2,4% 3,5%
DO NOT ANSWER / DO NOT KNOW Count 35 10 45
% of Total 20,6% 5,9% 26,5%
Count 91 79 170
% of Total 53,5% 46,5% 100,0%
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154. In addition it has been asked both the HHs Heads and its members the specific
sector in which they would like to be engaged by the contractor.
PROVINCE Total
FAMILY HEAD INTEREST TO WORK IN PROJECT
EAST JAVA BALI
INTERESTED; TO INCREASE REVENUES Count 10 8 18
% of Total 5,9% 4,7% 10,6%
INTERESTED; BECOME SECURITY Count 0 1 1
% of Total 0,0% 0,6% 0,6%
MINAT; BECOME FOREMAN Count 2 7 9
% of Total 1,2% 4,1% 5,3%
MINAT; BECOME DRIVER Count 1 2 3
% of Total 0,6% 1,2% 1,8%
NOT INTERESTED; ALREADY OLD Count 1 19 20
% of Total 0,6% 11,2% 11,8%
NOT INTERESTED; HAD JOB Count 24 29 53
% of Total 14,1% 17,1% 31,2%
NOT ANSWER Count 53 13 66
% of Total 31,2% 7,6% 38,8%
Total Count 91 79 170
% of Total 53,5% 46,5% 100,0%
PROVINCE Total
INTEREST OF FAMILY MEMBERS FOR WORK IN
THE PROJECT
EAST JAVA BALI
INTERESTED; TO INCREASE REVENUES Count 6 11 17
% of Total 3,5% 6,5% 10,0%
INTERESTED; BECOME FOREMAN Count 2 10 12
% of Total 1,2% 5,9% 7,1%
INTERESTED; BECOME SECURITY Count 0 5 5
% of Total 0,0% 2,9% 2,9%
INTERESTED; BECOME CLERK Count 0 1 1
% of Total 0,0% 0,6% 0,6%
INTERESTED; BECOME WORKER Count 0 3 3
% of Total 0,0% 1,8% 1,8%
NOT INTERESTED; DO NOT HAVE EXPERTISE Count 1 8 9
% of Total 0,6% 4,7% 5,3%
NOT INTERESTED; HAD JOB Count 18 12 30
% of Total 10,6% 7,1% 17,6%
NOT INTERESTED; STILL STUDYING Count 1 2 3
% of Total 0,6% 1,2% 1,8%
NOT ANSWER Count 63 27 90
% of Total 37,1% 15,9% 52,9%
Total Count 91 79 170
% of Total 53,5% 46,5% 100,0%
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B. ECONOMIC REHABILITATION MEASURES
155. For restoring APs/AHs livelihood affected by JBC up to certain increased level or
at least to the same level as before the project development, PLN as the
implementer of JBC, will implement Income Restoration Program (IRM) through
economic rehabilitation measures. The aim of the program is to enhance income of
severely affected entitled parties and vulnerable groups, so that they would
thoroughly benefit from the project. The income restoration and rehabilitation will be
delivered by PLN UIP Jawa Timur and Bali through Corporate Social Responsibility
(CSR) programs.
156. The APs/AHs severely affected by loss of their productive assets >10% and/or
severely loss of their income sources will be given options based on assessment
result. According to survey results on the total 170 APs both in project area part of
East Java and Bali section, as in the Table below, can be concluded that mostly
(52.9%) of them are interested with agriculture/farming program support such as:
support for farming tools, fertilizer, seeds (paddy and cacao), also including
associated training to these farming/agriculture program. Then followed by interest
to livestock program (livestock and its associated training support). In line with these
program, the APs/AHs are also interest for water/ irrigation support, both for farming
and livestock purposes.
157. Considering that the majority of APs/AHs are interested in farming/agriculture (as
their main occupation also), and considering the potential development of agriculture
in the affected area, it was suggested that income restoration program is delivered in
agriculture sectors to improve farmers capability in cultivate other products aside
their current primary products (paddy). There is only one example of Aps interested
in cultivating cacao and other potential perennial crops, then IRP could be given in
form of training on how to plant that commodities followed by distribution of plant
seeds to be managed by severely affected and vulnerable households.
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Preferable IRM Program East Bali Total
N % N % N %
Livestock and training [livestock
2 1.2 13 7.6 15 8.8
and training support]
Agriculture/farming [farming tools,
fertilizer, seeds support (paddy, 48 28 42 25 83 53
cacao), and training support]
Water/irrigation support [for
livestock, farming, irrigation 4 2.4 4 2.4 8 4.7
channel]
Labor support [carpenter and hands
0 0 4 2.4 4 2.4
tools support]
Welfare support/benefit for elderly 0 0 2 1.2 2 1.2
Capital assistance for small
2 1.2 4 2.4 6 3.5
business
Don’t know/don’t answer 35 21 10 5.9 45 27
TOTAL 91 54 79 47 170 100
Table B-1 Summary of Interested APs (AHs head) to Some Possibility of Income Restoration
Program
Following are IRP that may suitable for AHs by JBC project, can be grouped into three
(3) programs:
158. According to IOL and SES 2015 and 2017 survey most of severely affected
people are farmer (paddy culture). Considering of AHs main occupation and
potential development of agriculture in the affected area, it was suggested to give
income restoration program in agriculture sectors to improve farmer‟s capability in
paddy cultivate as their primary product. The IRP could be given in form of training
on how to improve cultivating paddy in its quality and quantity, plus agriculture
support such as seeds, fertilizer, pesticides, and handy tools. This program will be
deliver to the eligible people i.e. severely and vulnerable households, plus of about
20% person of them from the surrounding community
159. The JBC project will coordinate with local agencies to facilitate the provision of
agricultural extension services (not limited to only plants/crops farming, but also
include livestock culture) to all severely affected AHs-farmers who derived their
incomes primarily from agriculture. This program is aimed specifically to enhance
their productivity (productive capacity) on their land. Agricultural extension service
may also include training in new cropping methods or new commodity livestock. The
agriculture extension and inputs service package will be developed in coordination
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with the local/regional agricultural agency/department in consultation with each APs
who are interested to this option
160. The income restoration program will be delivered parallel with payment of
compensation, using CSR program/budget under PLN UIP Jawa Timur and Bali I.
For initial plan, one AH will get training on proper cultivation of paddy and provide
good variety of paddy seeds (1 training package of each AHs, for 3 times of
delivering of training). Women group will be prioritized to participate in the capacity
building activities. Every eligible AH would be entitled for 1 package of agriculture
support plus 1 package of cultivation training.
161. The associated-agriculture training support and allowance are intended for
severely affected APs affected by the loss of incomes due to displacement and the
income derived from cultivation only. Outside agriculture training support, PLN could
facilitate AHs with other training support in a new occupation skill such as carpenters
and others. All the members of each severely affected household can be entitled to
training (plus training subsistence allowance) either in their current occupation to
enhance their existing skills to be able to improve their productivity or training in a
new occupation field. Further through participating on the program could put them in
position to increase household income or finding new potential income sources.
162. Training without the necessary materials or equipment to practise the new skills
will reduce the potential benefit from the training. Post-training credit assistance is
very important, particularly for APs who would like to start small businesses. While
the project cannot provide post-training credit assistance, APs will be facilitated to
obtain credit assistance. Project authorities will arrange with credit institutions to set
up short-term credit program to offer credit at low-interest or low-collateral basis if
APs meet the criteria. APs will be informed of how and where to apply for credit
assistance. Credit facilities will be offered to all the APs and beneficiary population.
163. The income restoration program will be delivered parallel with payment of
compensation, using CSR program/budget under PLN UIP Jawa Timur and Bali.
Women groups will be prioritized to participate in the capacity building activities
through involving them into this IRP.
164. PLN project unit has a well-established planning division handling community
program that will be responsible for the implementation of income restoration and
rehabilitation activities under the project. The planning division further may engage a
consulting firm or NGO to implement the program.
165. Aside the IRP, the JBC project will provide job opportunities for the local
communities and affected vulnerable groups. The construction of substations will
absorb unskilled workers and the contractor can provide employment opportunities to
local communities and vulnerable groups. The contractor with the support of
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resettlement specialist consultant will collaborate with the village office/village
leaders to identity the type of project related jobs not necessary to have special skills
and potential applicants including affected vulnerable groups.
Project-Related Jobs
166. According to the survey result in project related jobs as per the following table,
some Ahs both in East Java and Bali are interested to join with the project,
particularly as an un-skilled labourer that may suitable with their capability. Some
others are also interested for specific positions, such as security, foreman, and
driver. However, mostly of AHs are not interested to work in the project-related jobs
due to the reasons of being old, or having already their own job.
Preferable IR Program East Java Bali Total
N % N % N %
Livestock and training [livestock and training support] 2 1.2 13 7.6 15 8.8
168. Example of the CSR programs that have been implemented by PLN, among
others:
In Bali region:
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CSR program in form of assistance for improving/deepening of Hindu faith for
Hindu religious leader, amounted around Rp. 75.000.000, as part of Community
Services.
In some regions where most residents are working (or willing to work) abroad as
a migrant worker, PLN through their CSR had supported to provide such a
course/training of ready-made-workable employees to the migrant worker
candidates, as part of Community Empowering.
In East Java Region:
CSR program that developed by PLN to clean the environment and secure its
electricity supply. The activities through this program among others: support to
establish Waste Bank, in synergy with the local government. Local government
provided land for waste bank, and supported its management, while PLN
supported program and facilities with community involvement.
This program is mainly addressed to farmers, who have land under the ROW.
The form of assistance consists of commonly farming equipment, so as to allow
and increase chances of AHs to keep cultivating their land within the ROW
respecting the eight limitation for trees plantation. Selection of CSR locations is
prioritized for locations with high social issues. When the beneficiaries refused
assistance in the form of equipment and propose other programs, PLN TL
division could not accommodate alternative program. However, PLN can support
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the reliability and repair of project related infrastructure, such as the repairing of
access roads used for tower maintenance access.
169. On implementing the CSR programs PLN can work together in association with
local NGOs and/or other independent parties, such as farmer groups, women
groups, environmental community, local/regional workforce agency, etc.
170. Employment opportunities particularly in the PLN‟s project-related jobs that can
be given to interested APs so far as the security personnel. However, if it is not
possible for the next program other un-skilled labour and/or semi-skilled labour can
be give, even only on temporary basis during the project construction stage. This
still needs PLN confirmation.
Gender Strategy
171. The needs of women affected by the project are likely to be different from men
and may experience more adverse impacts from the project than man. To ensure
that women will be benefited by the project, the following gender strategy is and will
be considered in the implementation of resettlement activities:
Where Project involves granting new land or replacement of land for acquired
land, the option of title of land with the name of both spouses will be offered;
The Project staff will be oriented towards dealing with gender issues and
resettlement checklist of ADB to ensure that gender strategy is implemented in
resettlement activities;
In the long term a rehabilitation program and increase revenues from the impact
of the JBC project, will be conducted by CSR program comprehensively. Models
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and selection program will certainly vary according to the needs and skills base of
society and also the availability of resource
84
C. LIVELIHOOD RESTORATION SCHEDULE
85
IX. RESETTLEMENT BUDGET AND FINANCING
A. LEGAL BASIS
172. The basis of determination of compensation rate is Act no. 2/2012 and related
prevailing regulations. The land acquisition act regulates that valuation for land will
be carried out by an appraisal agency plot by plot and will cover valuation for (i) land;
(ii) space of above and undergrounds; (iii) buildings; (iv) plants; (v) objects relating to
land and other losses that can be valued including job and income losses. Where
there are remaining lands that are not economically viable, the land owners have
rights to request the compensation for the entire parcel of land. Forms of
compensation offered include cash, replacement land, resettlement, ownership of
shares, and other forms agreed by both parties. There will be no deduction for taxes
and transaction cost for the compensation and no depreciation for lost
building/structure. As per PLN‟s best practices, Land under transmission line will be
compensated 15% of land market rate for the tower base at the nearest location. For
budget calculation, compensation rate for land is based on information from interview
with respondent and key informant on land market rate in the project area collected
86
from the communities
Rate used
for budget
Rate used for
calculation with
District Sub District Market rate budget
inflation rate of
calculation
10% of the rate
in 2015
Source: East Java, Notes on Sale and Purchase Transactions in Villages and Bali, OLX. Year 2015
Table A-1 Land Market Rate
173. The indicated price or standard tree pricing released by district governments will
be a reference for valuation of lost trees by independent appraiser. The market value
of crops or produce lost at the value of the season of acquisition.
174. Compensation for lost building will be provided at replacement cost. A decree
related to pricing standard of buildings material and other assets issued by district
governments will be one of the references used by the appraisers. Where the
regulation with depreciation value to any structure affected applies, other measures
will be devised to meet replacement cost principle. The pricing standard has
considered the repair and restoration costs of structures. The remaining building that
is no longer economic viable as per relevant government regulation (Minister of
Public Work Decree 403/KPTS/M/2002 concerning Technical Guidelines
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Development Simple Healthy House), the Acquisition of the whole parcel of
structure/building will be done in close consultation with the APs.
176. At the implementation phase, the chairman of PLN LAC in the PLN UIP Jawa
Bagian Timur and Bali will assign appraisal services 3 in accordance with PLN
procurement regulations. If the provision of independent appraisal cannot be
obtained or implemented within a period of thirty (30) working days, the chairman of
Land Acquisition will appoint government appraisers accredited by Minister of
Finance. The Appraisers conducts compensation assessment for physical losses
(land, spaces above or below the ground – such as structures, plants, and other
assets related with the land) and for non-physical losses (loss due to relinquishment
of right by the land owner that will be given in cash (premium) as well as for other
losses that can be calculated through transaction costs, interests, on loss of residual
land, loss of business, job, profession shift, and other types of loss stated by the
assignor. Assessment will be the official basis for compensation determination that
will be delivered to the entitled parties.
177. Land Acquisition assessment will adhere to Indonesia Valuation Standards 306.
The bases of assessment are: (i) Fair Replacement Value – This value can be
understood a value based on the interests of the owner (the value to the owner) 4; (ii)
Market Value Equivalence5; (iii) Non-physical losses caused by the compulsory right
relinquishment of property owner 6; Property ownership is not limited to ownership
rights, but can be interpreted as control, management, and use of property in
accordance with applicable laws and regulations or according to the agreed scope of
assignment; (v) Valuation date is announcement date, and the date of site
determination for development for public interest in accordance with the applicable
legislations; (vi) value adding should be calculated based the risk incurred from
owner‟s potential losses. The adequate replacement value must be higher than
Property Market Value or at least equal to the compensation transaction value of
similar property (if the comparator is similar property from a compensation
transaction).
178. Compensation assessment in this standard includes but not limited to: i) the
construction of resettlement; ii) education and motivation programs; iii) provision of
3
Appraiser is land appraiser, an individual professional who independently assess and obtain permit
from the Ministry of Finance and has been licensed by BPN to calculate/value of land acquisition
objects. Presidential Regulation No. 71/2012, Article 1
4
Value to the owner is defined as the economic benefits from the possession or ownership of
property.
5
The market value is one of the basis in the value determination by taking into account limited or
entirely absent data market. This market value can be compared with the value based on the
potential use (without looking at the benefit of land acquisition plan for the public interest).
6
Non-physical loss is other losses, as referred to in Law No. 2/2012, Article 33 f and its elucidation,
applicable or according to the agreed scope of Tenure
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working facilities; and iv) business facilities compensation. Assessment approach is
specified in the detailed SPI 306 in Table A-2
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Valuation Object Calculation Basis Approach Remark
Structure and/or New replacement cost with Depreciation calculation is only used
Cost approach
Complementary Facility adjustment for adjustment of physical condition
With the Discounted Cash Flow
Income approach
method for one cycle
Market and reasonable
Plants/Crops For non-commercial plant, using
cultivation calculation norms Market approach
references from relevant agencies
Cost approach Immature crops
Non-Physical Adequate
replacement of the loss on
Income approach Based on applicable laws and
right relinquishment from Market and non-market
Cost approach regulations
landowners who will be
given a premium
Loss of job or loss of Additional compensation is Losses due to termination or closure of
business, including calculated based on business premises
profession shifting percentage value of physical e.g.: fish farmers, restaurants, and
losses workshops
e.g.: 10% - 30% from value of physical
Emotional losses (solatium) loss compensation for benefit of the
owner‟s residence
Cost of removal
Based on socio-economic
Cost of clearing
study conducted by an expert
Transaction cost Cost approach Tax associated costs
consultant/or applicable laws
Cost of certificate of Land Deed official
and regulations
(PPAT)
Based on the risk-free rate, or
Waiting period compensation Based on applicable laws and
the government deposits Interest approach
(interest) regulations
interest
Market data Based on applicable laws and
Loss of residual land Market
approach regulation
Based on applicable laws and
Other physical losses Reparation cost Cost approach
regulations
Table A-2 Assessment Approaches According to Indonesia Valuation Standards
179. Method to be used to calculate compensation for ROW are refer to the Ministry of
Energy and Mineral Resources No. 38/2013 which are set as follow:
Calculation for affected land is: 15% x Lt x NP (Lt = width of land under ROW,
and NP is market value/price of land appraised by Independent Appraisal);
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cases where there is a decrease or increase in the land value as identified during
land acquisition determination.
Replacement value should be equal or higher than the market value to provide
certain benefits to landowners.
Cash flow projections are made without considering any land acquisition.
The year projection basis should be free from the influence of land acquisition.
The year projection basis should be free from the influence of land acquisition.
183. Assessment of non-physical losses such as job loss or business loss including
profession shift and emotional (solatium) loss should consider that the determination
of the type of non-physical losses are determined through agreement with the
assignor. The percentage value of solatium is determined through agreement with
the assignor agency.
184. For the purpose of the preparation of this LARP document for Java-Bali Crossing,
unit rate for estimation of affected land will use the unit rate used during year 2015,
with the consideration of the inflation rate of 3,35% in 2015, and 4,7% in 2016; while
for structure will use unit rate appraised by Independent Appraisal for affected
structures.
185. The budget for implementation of LARP of Java-Bali 500kV Power Transmission
Line and substation rests with PLN. The PLN will be responsible for channeling funds
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for the compensation for land acquisition and resettlement to Land Agency that will
be responsible for delivering payment directly to APs with respect to affected land,
structures, crops and trees. The cost given in this LARP is an estimate only. During
the LARP‟s implementation stage, a full replacement cost survey will need to be
conducted by district committees to ensure that compensation for land and assets
are made at replacement costs.
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No Components Unit Unit Rate (IDR) Quantity Amount (IDR) Amount (USD)
1 USD = Rp 13,542
A Compensation Cost
I Compensation for Permanent Land
Component 2 Sq.m 384,215.00 165,710.00 63,668,267,650.00
Component 3 Sq.m 2,700,713.00 10,000.00 27,007,130,000.00
Component 5 Sq.m 689,334.00 135,289.00 93,259,307,526.00
Component 6 Sq.m 1,000,000.00 90,000.00 90,000,000,000.00
Sub Total I 273,934,705,176.00
II Compensation for ROW: Land Use
Component 2
a. East Java Sq.m 57,632.00 3,146,700.00 181,350,614,400.00
Component 5
a. Bali Sq.m 103,400.00 2,099,900.00 217,129,660,000.00
Sub total II 398,480,274,400.00
III Compensation for ROW: Trees
Component 2
a. Trees Trees 252,584.00 35,944.00 9,078,879,296.00
b. Crops Sq.m 10,000.00 211,642.00 2,116,420,000.00
Component 3
a. Trees 0 0.00 0.00 0.00
b. Crops 0 0.00 0.00 0.00
Component 5
a. Trees Trees 285,024.00 22,581.00 6,436,126,944.00
b. Crops Sq.m 10,000.00 10,540,900.00 105,409,000,000.00
Component 6
a. Trees Trees 213,917.00 60.00 12,835,020.00
b. Crops Sq.m 10,000.00 50,000.00 500,000,000.00
Sub total III: 123,553,261,260.00
IV Compensation for ROW: Building (average, 100 sq.m)
a. Permanent Sq.m 40,000.00 60.00 2,400,000.00
b. Semi permanent Sq.m 20,000.00 24.00 480,000.00
c. Non permanent Sq.m 15,000.00 44.00 660,000.00
Sub total IV 3,540,000.00
Sub total A: I - II - III – IV 795,971,780,836.00
B Livelihood Restoration Program (Package)
I Transaction Allowance/Income Restoration Program
Component 2
a. Severely APs HH 5,000,000.00 61.00 305,000,000.00
b. Vulnerable APs HH 5,000,000.00 31.00 155,000,000.00
Component 3
Severely APs HH 5,000,000.00 0.00 0.00
Vulnerable APs HH 5,000,000.00 1.00 5,000,000.00
Component 5
a. Severely APs HH 5,000,000.00 45.00 225,000,000.00
b. Vulnerable APs HH 5,000,000.00 36.00 180,000,000.00
Component 6
a. Severely APs HH 5,000,000.00 12.00 60,000,000.00
b. Vulnerable APs HH 5,000,000.00 0.00 0.00
Sub total B 930,000,000.00
Sub total B + 20% 1,116,000,000.00
C Monitoring
I IMA 1,500,000,000.00 1.00 1,500,000,000.00
Sub total C 1,500,000,000.00
Sub total A & C 797,471,780,836.00
D Administrative Cost
Land Agency (based on Permenkeu No.13/PMK.02/ 2013) 1,600,000,000.00
Appraiser 2% of land rate 5,478,694,103.52
Sub total D 7,078,694,103.52
Sub total A – B+ - C - D 805,666,474,939.52
Contingency (8%) 64,453,317,995.16
E GRAND TOTAL 877,198,487,038.20 64,776,139.94
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Table C-1 Estimated Resettlement Cost
187. This budget does not include cost for two resettlement consultants as it has been
included in the team of project implementation consultant (Budget for grievance
redress mechanism is not include yet)
D. INSTITUTIONAL ARRANGEMENT
188. An institutional framework has been developed for this Project to ensure timely
establishment and effective functioning of appropriate organizations mandated to
plan and implement land acquisition, compensation, income restoration and
livelihood programs. The main institutions involved in the preparation and
implementation of the LARP are:
189. PT. PLN (Persero) Head Quarter (PLN Pusat), as state owned electric utility
company, responsible for generation, transmission and distribution of electricity in
Indonesia under the Ministry of Energy and Mineral Resources will be the Executing
Agency (EA) of the project, will be responsible for overall coordination and
administration of the project, including those related to resettlement. Social
Development Unit and an Environment Unit. Of PT. PLN will act as the PMU. Key
capabilities and activities of the office are: management of social impact
assessments, environmental impact assessments, initial social and environmental
examinations, monitoring, auditing, and associated project studies. This office is
responsible for the overall coordination of organizations involved in resettlement, and
supervision and management of LARP implementation. The Environmental Office
will work in close conjunction with the Project PMU.
190. The project implementation will be conducted by PT. PLN (Persero) Unit Induk
Pembangunan (UIP) Jawa Bagian Timur dan Bali I or Principal Development Project
located in Surabaya, Jawa Timur. The working area of PTL UIP Jawa Bagian Timur
and Bali I cover the whole project (generation and transmission) in East Java part
and west part of Bali. It has number of units PLN Unit Pelaksana Proyek (UPP), or
the implementation project unit. Development of transmission networks in this
project will be under supervision PLN UPP KITRING KBB 2, located in Surabaya.
Once constructed, management of transmission network is handled over to
Transmission Management Unit under PLN Regional Office of East Java which will
be responsible for all aspects of the operation and maintenance of transmission
networks.
191. Land Acquisition Committee. Land acquisition for the transmission line will be
conducted separately for each tower and thus the amount of land acquired in any
case would be less than 5 ha. Therefore, land acquisition for the transmission line
will be carried out by PLN and Land Acquisition Committee in coordination with the
BPN in related District/Regency. Head of LAC Team and the secretary are from
PLN UIP Jawa Bagian Timur and Bali I, while the members are from UPP KITRING
KBB 2.
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192. Province/District Government. PLN UIP Jawa Bagian Timur dan Bali I as the
project implementing agency and agency requiring land in cooperation with
Province/District Government, referring to land acquisition document, conduct
preparation of land acquisition activities.
193. A dual administrative system exists in Bali, especially at village level. There are
both government structures ('Desa Dinas') and local village level institution ('Desa
Adat'). The Desa Adat is village unit in which customary symbols and regulations
play an important role in community life and for social integration. The Desa Adats
are indigenous groups sharing common origin or social bonds and are distinguished
from village administrative units or other local government entities determined by
territorial lines. This has strong function in the local development and in decision
making. Keeping this in mind the Project has designed a proper strategy to engage
with dual administrative system at village level. Efforts were taken to consult and
coordinate with Desa Dinas and related institutions in the project area. The local
decision makers have been consulted and their suggestions are incorporated in the
Project planning.
194. As per Act No. 2/2012 on Land Acquisition for Development in the Public Interest,
PLN will use the mechanism of compulsory land acquisition in acquiring the land
both for the substations and transmission line (TL). The roles of respective
institutions in the resettlement process are summarized in Table D-1
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Institution/Organization Responsibilities
PT. PLN (Persero) HQ Responsible for all resettlement activities including budgeting,
financing, implementation and coordination for project and
resettlement activities
PLN Social Development Unit (SDU) and Taking co-ordination of all LARP activities within the sector project
Environment Unit (EU) within central Project Carry out internal monitoring and appointment of NGOs or
Management Unit (PMU) professional consulting firm or university research center for
external monitoring of resettlement activities
Review of monitoring reports and remedial actions, when necessary
reporting to ADB
Supervising LARP document updating
PLN UIP JBTB I and UPP Ring JBTB 2 East Support the LAC to conduct detailed census/measurement surveys
Java and Bali (Local/Regional PMU) (DMS), in association with respective levels of government dinas
offices, following final design
Obtaining of authorization for land use and house/structure
demolition
Responsible for implementation all LARP activities for the
respective project
Close coordination with PLN Regional Office, responsible for
designing and implementing special measure for the income
restoration and livelihood rehabilitation of APs/AHs
Support LAC in conducting public consultation, public disclosure,
and community participation programs
Support LAC in conducting direct negotiation of compensation to
APs/AHs
Witnessing the disbursement of compensation payments to the APs
in acknowledgement of the LAC)
Conduct internal monitoring and integrated the report to quarterly
project report to be submitted to ADB for review
Mobilize Independent Appraisal for determination of compensation
Land Preparatory team at Provincial In conjunction with PLN UIP JBTB I and UPP Ring JBTB 2 to
Government level with the members conduct an initial identification of project location, public
(appropriate for project) consultation with APs and concerned stakeholders, notification to
the APs on project/development location plan
Land Acquisition Implementation Team as Organize permits related to the location of the land in accordance to
Land Acquisition Committee lead by Land regulation
Agency at District Level with supervision of Conduct socialization on the project and its potential impact as well
Provincial Land Agency as conduct consultation meetings for compensation and income
rehabilitation assistances
Conduct Detailed Measurement Survey (DMS) following final design
Review legal status of land and buildings that will be compensated
and supporting documents, and prepare minute of releasing of land
right
Request and receive unit prices of affected land and non-land
assets from Independent Appraisal
Disclose list of affected assets to the AHs
Assist on the expeditious resolution of complaints of APs
Determine compensation rate and payment based on close
consultation to APs
Manage and disburse the funds with regards to compensation,
assistance, and administrative cost
Properly receive and document concerns or complaints, verbal or
written, from the APs and ensure that there are brought to the
attention of the General Manager, Head or Unit of Bupati or
Walikota for appropriate action
Maintain record of all process of land acquisition, including public
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Institution/Organization Responsibilities
Project Management Consultant (PIC) PIC will be recruited in each location of East Java and Bali section
to assess the IAs in overall management and to ensure construction
quality
Social resettlement consultant will be recruited as part of the PIC,
and will be responsible for assisting PLN in implementing the land
acquisition in accordance with the LARP document
External Independent Monitoring Agency IMA will be engaged on undertaking external monitoring for
(IMA) implementation of resettlement plan and assess the achievement
of resettlement objectives
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X. IMPLEMENTATION ARRANGEMENT AND SCHEDULE
A. CAPACITY BUILDING
195. In preparation for resettlement implementation, PLN will, together with respective
local government and project implementation consultant, ensure that the key steps of
resettlement implementation are undertaken. One or more of the activities may be
carried out simultaneously. In order to streamline the implementation, PLN will
provide capacity building training on Involuntary Resettlement to all concerned
parties handling land acquisition and RP updating including PLN staff working for
land acquisition and resettlement both at Head Office and Project Office,
resettlement specialist consultant (PIC), Land Agency staff/team handling land
acquisition for this project .
197. The training focused on the resettlement implementation issues and in general,
included the following:
Concession Application
198. Before any RoW issue is addressed, and prior to implementation of land
acquisition, PLN must apply for a concession for the project from the government
including issuance on the project location determination by Governor (referring to the
new Act No. 2/2012 on Land Acquisition). Additionally, PLN will need to obtain
approval from the Ministry of Forests for the project that will run to the forestry land.
Updating of LARP
199. This draft LARP has been prepared based on the final design. The alignment of
the TL has been finalized and boundaries marked on the ground, a detailed
measurement survey has been undertaken. The update will involve AP and
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community consultation; IOL; new compensation rates for lost assets (including land,
structures, crops and trees; preparation of a detailed livelihood restoration plan, if
necessary; updates on resettlement implementation schedule. As the data on the
resettlement impacts in the ROW has not been updated and data on substation may
need to be further finalized by land acquisition committee. This updated LARP will be
submitted to the for final approval prior to start-up of its implementation and initiating
civil works
200. The updated LARP endorsed by PLN should be acceptable by the ADB prior to
the award of civil work contracts. Once approved, the LARP will become legally
enforceable. Implementation of the LARP can begin as soon as the approval from
the Government and the ADB is received. For updating and implementation of the
LARP following activities will take place sequentially.
201. The final location of transmission towers and route will be identified before the
LARP updating process begins. The recommended route, from the project
preparation stage, based on minimizing loss of land, trees, crops and structures, and
utilizing existing access roads wherever possible, will be taken into account to
minimize, if not avoid resettlement impacts. Once PLN has evaluated the contractors‟
bids and awarded the contract/s, the contractor will conduct a detailed line route
survey, identifying a center line. PLN will provide the contractor preliminary
topographic survey and schedule of towers to facilitate access to the land of the
affected people. The contractor will then design the TL route, sub-station, required
RoW, number and location of towers, and location of access roads.
202. The initial database created with the assistance of the TA consultant during
LARP preparation will be updated to include information on:
Legal status of affected land and structure assets, and duration of tenure and
ownership
Quantity of other losses, e.g., business or other income, jobs or other productive
assets; estimated daily net income from informal shops
203. In parallel with the detailed design, census and DMS activities, PLN in
conjunction with staff of Land Agency in East Java and Bali will continue to consult
and disseminate project and resettlement-related information to APs via local
authorities. PLN in coordination with Land Agency will provide a copy of the PIB to
each AP. Community meetings will be held and opinions and suggestions elicited
from the APs will be reflected in the Updated LARP. Land Agency and PLN will
inform all APs about the line route RoW, number and location of towers, location of
access roads, restrictions on land use in the project RoW following construction,
compensation principles and appeal procedures. All consultations with APs,
including questions asked and answers provided, will be recorded. Particular efforts
will be made to ensure women are consulted and informed.
204. The date of issuance of project location determination becomes the cut-off-date
for land acquisition. APs will be informed that no new houses or structures are to be
built, or trees/crop. Land Agency will inform the APs that anyone settling within the
project area after the cut-off-date or constructing any new structures will not be
entitled to any compensation and assistance in the project. Cut-off-date for ROW
compensation will be established after DMS of ROW has been completed.
205. The land agency will mobilize a professional appraiser agency (MAPPI/ under
that has license from Ministry of Finance and MASP/NLA) to conduct valuation of the
land acquisition objects to determine lost land and non-land assets value as well as
economic losses value that should be compensated. The SPI 306 and the
entitlement matrix in the Updated LARP will be the basis for the valuation. The
replacement cost survey will be undertaken in parallel with DMS activities by
verifying the rates provided in this LARP. Activities include: collecting information
from both secondary sources and primary sources (direct interviews with people in
the affected area, recent land transactions, material suppliers, house contractors)
from both those affected and those not affected. Standard pricing for plants and
building materials established by local government at district level will be a reference
in determining the value.
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Submission of Updated LARP to ADB for Approval
206. The key information of the LARP will be disclosed to the APs before submission
of the same to the ADB for review and approval. Compensation payment will not
commence until the updated and final LARP has been approved.
Resettlement Implementation
208. If relocation is required, Land Agency in close coordination with PLN will carry out
extensive consultation with the APs entitled to relocation and income rehabilitation
measures to determine their choice of relocation site and selected option for income
rehabilitation. Final selection of type of intervention should be based on AP‟s needs
and priorities. These choices will be recorded on the „Summary Compensation
Form‟.
209. PLN will issue a RoW notice to land owners who have had their land traversed by
the TL, but on which no towers will be located. The RoW notice will contain the
obligations of the land owner and restrictions imposed on the 34 m wide RoW, such
as:
210. Once approval has been gained, the PLN Finance Section releases funds for
compensation payments, and PLN in coordination with Land Agency disburses the
funds to APs, obtaining the necessary receipts. Compensation shall be paid in a
public meeting in the presence of community representatives. The compensation
amounts would be in accordance with the „Summary Compensation Form‟ distributed
to each AP. Once compensation has been received, APs will hand over/vacate the
land within three months. The title of the land is then transferred to PLN by the Land
Agency/BPN. PLN will maintain file copies of all AP contracts, compensation receipts
and RoW notices, and furnish the same to AP signatories.
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XI. MONITORING AND EVALUATION
211. The implementation of resettlement will be regularly supervised and monitored by
PLN through its local project staff to ensure that the LARP is implemented as
planned and that mitigating measures designed to address adverse social impacts
are adequate and effective. PLN will also contract an experienced consultant group
as an external monitor. External monitoring and evaluation, in particular, will focus on
social impacts on APs and whether or not APs have been able to restore a standard
of living equal to, if not better which they had before the project. For external
monitoring an independent agency would be contracted.
212. The objectives of the monitoring and evaluation are to (I) ensure that the
standard of living of APs is restored or improved; (ii) monitor whether the time lines
of resettlement activities are being met; (iii) assess if compensation, rehabilitation
measures and social development support programs are sufficient; (iv) identify
problems or potential problems; and (v) identify methods and required corrective
actions to mitigate problems if any in timely manner during project implementation.
C. INTERNAL MONITORING
213. The PLN will conduct the internal monitoring of LARP implementation regularly to
assess the progress of resettlement implementation and problems and delays
encountered, if any, in the implementation of LARP. Related information will be
collected monthly from the field to assess the progress of LARP implementation and
will be consolidated every quarter.
214. An initial key indicator will be the payment of compensation, relocation to new
sites, and rehabilitation assistance being in place before award of civil contracts and
these will be monitored under each of the Civil Contracts. The other main indicators
that will be monitored regularly are:
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Coordination and completion of resettlement activities and award of civil works
contract
The PLN will incorporate the status of LARP implementation in the overall
quarterly project progress Report to the ADB.
D. EXTERNAL MONITORING
216. The PLN will retain the services of an external entity or institute as the qualified
experienced external monitoring agency to undertake objective monitoring and
evaluation of LARP implementation of project in the two provinces. The external
monitoring activities will be conducted on a semi-annual basis after compensation
payment and during the project construction. The sample Terms of Reference for
external monitoring agency in included in Annex 3.
217. The following indicators will be monitored and verified by the external monitoring
agency.
Verify that all APs have received a copy of the „Summary Compensation Form‟
Coordination of resettlement activities with construction schedule: the completion
of land acquisition and resettlement activities for any component should be
completed at least one month prior to start-up of civil works for that component.
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Public consultation and awareness of compensation policy: (a) All APs should be
fully informed and consulted about land acquisition, leasing and relocation
activities; (b) The monitoring team should attend at least one public consultation
meeting each month to monitor public consultation procedures, problems and
issues that arise during the meetings, and solutions that are proposed; (c) Public
awareness of the compensation policy and entitlements will be assessed among
all APs; (d) Assessment of awareness of various options available to APs as
provided for in the LARP; and all APs have received a copy of the PIB.
218. The level of satisfaction of APs with various aspects of the LARP will be
monitored and recorded. The operation of the mechanisms for grievance redress,
and the speed of grievance redress will be monitored. Verify that the documentation
of grievances received and actions taken are maintained properly at each village and
sub district level.
219. Throughout the implementation process, the trends of living standards will be
observed and surveyed. Any potential problems in the restoration of living standards
will be reported. Effectiveness of resettlement planning including whether the APs
and their assets were correctly enumerated, time frame and budget was sufficient to
meet the resettlement objectives, vulnerable groups were identified and assisted,
and how did resettlement implementation deal with unforeseen problems.
220. The external monitoring agency shall submit semi-annual reports to the PLN and
ADB for review that will include the progress in compensation payment and other
resettlement activities. One post- resettlement implementation evaluation will be
undertaken by the external monitoring agency within 6 to 12 months after completion
of resettlement activities. The monitoring reports and CAP if any will be uploaded on
ADB website upon receipt.
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UPDATED LAND ACQUISITION AND
RESETTLEMENT PLAN (LARAP)
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1. QUESTION: WHAT IS JAVA-BALI 500 kV POWER TRANSMISSION CROSSING PROJECT?
ANSWER: Java-Bali 500 kV Power Transmission Crossing Project is the proposed power
transmission interconnection project between Java and Bali power systems. It is aimed at building
the power capability and reliability of the electrical system in Bali and meeting the increasing
demand for power in the island. It is a 500 kV interconnection between Paiton to Kapal with 500 kV
TL on Bali side. It will guarantee reliable electricity supply to Bali. The project is composed of
following seven Components:
ANSWER: Following the final technical design, the updated Inventory of Losses (IOL) for the five
components was carried out in the period of April 2015 – July 2015, survey for severity and
vulnerability in April 2017, and identification of entitled parties/affected households by land acquisition
preparatory team in East Java in 2016 -2019. These survey identified a total of 492 HHs with 1,483
APs impacted by the tower location in the two provinces (East Java and Bali). Out of 492 HHs, 221
households are from East Java and 271 HHs are from Bali. Each of the 492 HHs may lose single or
multiple types of land that include residential areas, crop land, and forestry land. There are 118 HHs
considered severely affected by the project. The DMS of the affected persons (APs) and their assets
impacted by the Transmission line Right of Way (TL ROW) will be carried out after the payment of
compensation for the land acquisition necessary for the towers location.
In case the effects on land and structures cannot be avoided, APs will be compensated either in
cash or in kind for their losses at replacement cost. This will allow the APs to restore their lost assets,
resources or incomes. Income rehabilitation/restoration assistance will also be provided to the
APs considered severely affected and vulnerable. The project will purchase the land at the
substation sites and where towers will be built, but other land in the ROW will remain with the present
owner.
ANSWER: The project will acquire land for the towers construction and will provide compensation
either in the form of replacement land with similar attributes or even better or in cash at current
market values without any deduction of taxes and administrative cost. Compensation shall also be
paid for any damage to trees or crops during construction
ANSWER: No; land owners (APs) with land legal title or traditional title holders are entitled to
receiving compensation, allowances, and rehabilitation assistance. Non-titled land users and
occupants including tenants are also entitled to compensation for lost assets and economic income
and assistance.
5. WHAT ABOUT MY LAND AND ASSETS LOCATED IN THE RIGHT OF WAY OF THE
TRANSMISSION LINE?
ANSWER: Land located in the ROW of TL will not be acquired by the project, therefore APs can still
use the land for production. However, the use of the land will be restricted to meet the safety
standard
Requirement for TL. Trees/timber with more than 9 meters of high cannot be planted and the
height of house cannot be more that the permitted height under the standard safety. Compensation
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for land use restriction will be provided in the amount of 10% of the land market rate for the tower
at the nearest. Although structures/buildings in the ROW will not be demolished and APs will still
live in, allowance will be provided for the affected structures.
ANSWER: Yes. Houses and structures such as wells, animal pens, fences etc that will be affected by
the Project for towers and substation and need to be demolished shall be compensated at
replacement cost without deduction for depreciation or salvageable materials in order to allow you
rebuilding a new structure.
ANSWER: Affected crops and trees will be compensated for at current market value. Compensation
for annual crops will be based on the anticipated harvest at market value while trees will be based
on type, age and productivity. Compensation for perennial crops and trees will be compensated at
market value.
ANSWER: For common property resources, the affected land will be replaced in areas
identified in consultation with affected communities and relevant organizations. Affected buildings
and structures will be restored to original and better condition.
ANSWER: The Project has carried out a Replacement Cost Study. For land, structure and other types
of losses for the Project. These rates will be updated by a professional independent appraiser hired
during the Detailed Design Phase and final compensation rates will be established. The established
rates that will be proposed during the Design Phase of the Project must be acceptable to both APs
and the project.
10. QUESTION: DOES THAT MEAN ANYBODY IN OUR COMMUNITY CAN CLAIM FOR
COMPENSATION?
ANSWER: No. Entitled APs are those persons who will have been surveyed during a final
Detailed Measurement Survey (DMS) based on the actual location of the Right of Way and
substations. The cut- off date for determining eligibility for compensation shall be at the completion of
the AP Census that will take place after Detailed Design and pegging of the ROW and substation
sites and on its approval by the ADB and the Indonesian Government. Persons who try to use the
surveyed area after the cut-off date will not be entitled to compensation or any other form of
resettlement assistance. A list of permitted land uses for the Right-of-Way will be issued to all owners
of lands affected.
11. QUESTION: WHAT IF I HAVE BEEN TOLD TO MOVE BUT WAS NOT INCLUDED IN
THE SURVEY?
ANSWER: During the detailed design some minor changes to the position of some infrastructure
may occur. This could affect people who were not included in the original inventory survey. These APs
will be entitled to the same compensation as all other APs. Once the actual position and
alignment of Infrastructure is known, a detailed measurement survey will be undertaken in the
presence of APs to Inventory the losses for compensation and rehabilitation.
12. QUESTION: DO WE NEED TO CLEAR THE AFFECTED AREA IMMEDIATELY ONCE OUR
LAND, HOUSES, OR STRUCTURES HAVE BEEN IDENTIFIED AS AFFECTED?
ANSWER: No; clearing of the Project area will only take place after compensation for affected land
and other lost assets has been received by APs. After the AP has acknowledged receipt of
payment, the Project shall provide a reasonable time and assistance for APs to clear the area in
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order for construction activities to commence. Effective dates will be notified to affected land owners
and users.
ANSWER: No; the APs need not pay any service fees or donations. APs who are asked for service
fees or donations by any government or Project staff in the area must report this directly to the
Provincial authority, the Project Management Organization, or to the External Monitoring Agency
(EMA), would be hired to monitor the Project‟s resettlement activities.
ANSWER: Yes; any AP may file a complaint. The APs may present their complaints to PLN and or
Land Agency handling Land Acquisition The complaint can be filed first at the ward/commune level
and can be elevated to the highest level and then taken to a court of law, if the AP is not satisfied with
the decision made by the commune and district level committee. APs will be exempted from any
taxes, administrative or legal fees associated with their complaint. Attempts will be made to settle the
issues at the commune level through community consultation by the supervising engineer, IMA, or
facilitators if required. The concerned Land Agency will properly document all complaints and
resolutions.
ANSWER: The Project will start soon after Asian Development Bank and the Indonesian
Government approval, which may be in December 30, 2013”and Construction of the infrastructure is
most likely to begin Decenber 2016 and be completed in 2019. It is expected to take about 36
months to complete.
16. QUESTION: AS A RESIDENT OF ONE OF THE AFFECTED PROVINCES, HOW CAN I HELP?
ANSWER: We would like you, both men and women, to participate fully in all consultation meetings
and other Project related activities to ensure that you are fully informed and your view are known
and taken into account. Your active participation during the survey (DMS), detailed design and
implementation will allow us to determine measures to accurately assess and pay compensation,
mitigate impacts, to identify problems or potential problems, and to identify methods of responding
immediately to solve any new problems.
17. QUESTION: HOW WILL YOU KNOW IF THE OBJECTIVES OF THIS PROJECT ARE MET?
ANSWER: The Project Management Unit will monitor all Project activities. An External Monitoring
Agency (EMA) will be engaged by the implementing Agency to monitor and report on compensation
payments, Resettlement Plan implementation and recommend solutions to problems that APs
may raise. Semiannual Reports will be prepared and submitted to ADB. A post-resettlement impact
evaluation will also be undertaken to assess whether impacts of the Project have been mitigated
adequately and the pre-Project standard of living of APs has been restored as a result of the
Project‟s Resettlement Plan implementation. The ADB will also monitor these activities in their regular
supervision missions during the Project‟s implementation.
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UPDATED LAND ACQUISITION AND
RESETTLEMENT PLAN (LARP)
109
Photographic Documentation
110
Image 4: Focus Group Discussion
at Sub District of Mlandingan
111
Image 7: Public Consultation in
Progress in Sub District of
Selemadeg, Tabanan Regency
112
113
114
115
A. List of Participants in Focused Group Discussions
FGD GROUP I
116
FGD GROUP II
117
FGD GROUP III
118
UPDATED LAND ACQUISITION AND
RESETTLEMENT PLAN (LARAP)
119
1. Introduction
2. Scope of Works
The appointed EMA shall undertake the following tasks to independently, externally
monitor the Project Land Acquisition and Resettlement Plan implementation and
associated mitigation measures:
b. Evaluation of Delivery
3. Implementation schedule
The EMA will be hired by the PLN in time for LARP implementation. The EMA will conduct
formal M&E activities until compensation payments are completed.
4. Reporting
The following reports will be required for submission from the EMA:
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i. Baseline and Inception Report (1) – to be submitted within 1 week of mobilization to the
PLN and ADB.
ii. Monitoring Reports – to be formally submitted by the EMA directly after compensation has
been distributed in each of the affected areas. The Monitoring Reports should particularly
focus on:
• A description of M&E activities;
• A report on implementation of all aspects of the LARP;
• Deviations, if any, from the provisions and principles of the resettlement policy specified
in the LARP;
• Identification of problems, issues and recommended solutions; and,
• Description of findings in relation to whether the project activities have been completed
as planned and budgeted, and recommendations, timetable and budget for addressing
outstanding problems;
iii. Formal Verification Report to verify successful LARP implementation to be issued within
1 week after compensation and LAR procedures all affected areas is completed and prior
to construction.
121
UPDATED LAND ACQUISITION AND
RESETTLEMENT PLAN (LARAP)
122
UPDATED LAND ACQUISITION AND
RESETTLEMENT PLAN (LARAP)
123
UPDATED LAND ACQUISITION AND
RESETTLEMENT PLAN (LARAP)
124
UPDATED LAND ACQUISITION AND
RESETTLEMENT PLAN (LARAP)
ANNEX 7 RESULT OF
SOCIOECONOMIC SURVEY OF
VULNERABLE GROUPS FOR INCOME
RESTORATION PROGRAM
125
LAND OF PROJECT JAVA BALI CROSSING PROJECTS * PROVINCY Crosstabulation
PROVINCY
PROVINCY
PROVINCY
HINDUS Count 0 77 77
PROVINCY
126
FEMALE Count 43 16 59
PROVINCY
MADURA Count 82 0 82
BALI Count 1 77 78
PROVINCY
127
SUPPORT % of Total 0,0% 0,6% 0,6%
IMPROVEMENT OF Count 0 4 4
IRRIGATION % of Total
CHANNELS/ORONG- 0,0% 2,4% 2,4%
ORONG
PROVINCY
EAST
JAVA BALI Total
% of
1,2% 4,1% 5,3%
Total
% of
0,6% 1,2% 1,8%
Total
% of
14,1% 17,1% 31,2%
Total
% of
31,2% 7,6% 38,8%
Total
Total Count 91 79 170
% of
53,5% 46,5% 100,0%
Total
PROVINCY
PROVINCY Total
129
EAST JAVA BALI
STROKE Count 1 0 1
PROVINCY
1400000 Count 1 0 1
1500000 Count 0 3 3
2400000 Count 0 5 5
3000000 Count 0 1 1
4000000 Count 1 0 1
4500000 Count 1 0 1
4800000 Count 0 1 1
5000000 Count 1 0 1
5400000 Count 0 1 1
6000000 Count 4 1 5
7500000 Count 3 0 3
% of Total 1,8% 0,0% 1,8%
8400000 Count 2 0 2
130
% of Total 1,2% 0,0% 1,2%
9000000 Count 7 1 8
10000000 Count 1 2 3
10500000 Count 1 0 1
11000000 Count 2 0 2
11700000 Count 0 1 1
12000000 Count 6 2 8
13300000 Count 1 0 1
14000000 Count 0 1 1
15000000 Count 2 2 4
15200000 Count 1 1 2
15500000 Count 0 2 2
16000000 Count 0 1 1
16300000 Count 0 1 1
16800000 Count 0 1 1
17000000 Count 0 1 1
18000000 Count 5 3 8
18400000 Count 0 1 1
19000000 Count 0 1 1
19200000 Count 0 1 1
131
% of Total 0,0% 0,6% 0,6%
19500000 Count 1 0 1
19800000 Count 0 1 1
20000000 Count 1 2 3
20500000 Count 0 1 1
21000000 Count 0 2 2
22000000 Count 1 0 1
23000000 Count 0 1 1
24000000 Count 2 0 2
24500000 Count 0 2 2
25000000 Count 2 3 5
25500000 Count 0 1 1
26000000 Count 0 1 1
26600000 Count 0 1 1
27000000 Count 2 0 2
27200000 Count 0 1 1
28000000 Count 1 3 4
28600000 Count 0 1 1
30000000 Count 4 0 4
31200000 Count 0 1 1
132
% of Total 0,0% 0,6% 0,6%
32000000 Count 0 2 2
33000000 Count 1 0 1
33600000 Count 1 0 1
36000000 Count 3 0 3
36600000 Count 1 0 1
37200000 Count 0 1 1
40000000 Count 1 0 1
41000000 Count 0 1 1
41200000 Count 1 0 1
42000000 Count 0 1 1
45000000 Count 1 0 1
46000000 Count 1 0 1
48000000 Count 1 3 4
50000000 Count 3 0 3
51000000 Count 1 0 1
55000000 Count 2 0 2
58000000 Count 0 1 1
60000000 Count 2 2 4
60900000 Count 1 0 1
133
% of Total 0,6% 0,0% 0,6%
61000000 Count 0 1 1
62200000 Count 1 0 1
63000000 Count 1 0 1
66000000 Count 1 0 1
69000000 Count 1 0 1
72000000 Count 1 1 2
74100000 Count 0 1 1
90000000 Count 1 0 1
92000000 Count 1 0 1
100000000 Count 1 0 1
105000000 Count 1 0 1
108000000 Count 1 0 1
120000000 Count 2 0 2
130000000 Count 0 1 1
138000000 Count 2 0 2
150000000 Count 1 0 1
151000000 Count 0 1 1
304000000 Count 0 1 1
400000000 Count 2 0 2
134
% of Total 1,2% 0,0% 1,2%
Total Count 91 79 170
135
UPDATED LAND ACQUISITION AND
RESETTLEMENT PLAN (LARAP)
136
UPDATED LAND ACQUISITION AND
RESETTLEMENT PLAN (LARAP)
139