PT PLN (Persero)
Public Disclosure Authorized
INDONESIA POWER TRANSMITION DEVELOPMENT–2 (IPTD-2)
LAND ACQUSITION AND RESETTLEMENT ACTION PLAN (LARAP) Public Disclosure Authorized
TEMBILAHAN SUBSTATION DEVELOPMENT
Public Disclosure Authorized INDRAGIRI HILIR REGENCY
RIAU PROVINCE
Draft Land Acqusition and Resettlement Plan (LARAP)
2 Januari 2012 Consultation Version Public Disclosure Authorized
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2 Land Acquisition and Resettlement Action Plan (150 KV) Tembilahan Substation
I. INTRODUCTION
1.1 Project Description
To increase the electric power supply and the reliability of transmission system in this province, PLN UIP RING SUM I through UPK RING SUM REG II will construct a 30 MVA Tembilahan Substation. The Tembilahan Substation construction project will be implemented by PT PLN (Persero) as a part of the IPTD-2 project, financed under IBRD Loan
The Tembilahan Substation construction project involves construction of the foundation, control building, and installation of S/S equipment (150 kV Line Bays, 30 MVA transformer, and 12 x 20 switch gear). About 20.000 m 2 land needs to be acquired for Tembilahan Substations from 1 (one) land owner. The location map of Tembilahan Substation construction project are provided in Appendix 1.
Land acquisition for the substation construction will be conducted in accordance with national laws, local government regulations, and the World Bank procedure. The implementing unit – PLN UPK RING SUM REG II – will follow the steps outlined in the standard procedure as set out in the Land Acquisition and Resettlement Policy Framework.
1.2 LARAP Preparation
This LARAP has been prepared based on data and information collected during the joining survey between PLN UIP RING SUM I and PLN Wilayah Riau & Kepulauan Riau to find alternative of substation location. The document contains results and analysis of the following : • identification of the location for Substation bases • identification of land owner of the respective land for Substation base • inventory of assets (structure, trees, etc.) on the land for Substation bases • identification of NJOP and market price of land for Substation bases • identification of indicative price and market price of affected trees • implementation schedule and responsible institution • cost estimation
II. DESCRIPTION OF PROJECT AREA
2.1 Project Location
The 30 MVA Tembilahan Substation is planned to be constructed to connect the 150 kV Rengat Substation – Tembilahan Substation in the Riau Province. The Tembilahan Substation location at
3 Jl Raya Sungai Beringin Parit 21, Desa Sungai Beringin, Kecamatan Tembilahan, Kabupaten Indragiri Hilir, Riau Province (Cordinate UTM 0297384; 9969676).
2.2 Land Use
Total land area required for Tembilahan Substation is about 20.250 m 2. The land to be acquired for this project is owned by 1 (one) local people. Land for Tembilahan Substation bases is an open area and is used for coconut trees and palm oil plants. Land condition for Tembilahan Substation is shown in Figure 2.1 and 2.2 .
Figure 2.1. Land Condition for Tembilahan Substation
Figure 2.2. Coconut Trees in Tembilahan Substation
4 III. PEOPLE AND ASSETS AFFECTED BY PROJECT
3.1 Identification of land owner and land affected Table 3.1. below presents the summary of impacts on individual parties to be affected by land acquisition for Tembilahan Substation bases. Table 3.1 : People and Assets Affected Tower No Acquire Land holding* (m 2) % No Land Owner M/F Ag dLand At S/S Other Total Affected e (m 2) Base Site Location Land (yr )
1 2 3 4 5 6 7 8 9=(5/8)%
T.01 1 AGUS MAULANA M - 20.250 37.100 20.000 57.100 35,5
Status of the land ownership is land heritages initially by H. SAID MAULANA (parent os AGUS MAULANA). Totally six persons (a wife and five children of H. SAID MAULANA) have an ownership right of this land. Legal document of ownership right for this land is Document of Purchase and Transfer of Ownership Right ( Akta Jual Beli ). Hj. ARBAIYAH (H. Said Maulana’s wife) and AGUS MAULANA are representative of four other family member to take responsibility for transaction purchase and transfer of this land. This Legal Document shown in Appendix II.
Regarding to the site survey and initial consultation with land owner in November 2011, the land is not cultivated. There are some coconut and little palm oil trees which never harvested by land owner especially for palm oil trees which was just planted. The land owner gets no income from the land. So, according to the land owner during the interview, there will no impact on the family’s income due to the land acquisition as his main job is a lecturer. The land owner is very happy with the PLN’s plan to buy his land and has asked for a quick transaction.
3.2 Trees and Crops Affected
There is no building in the land to be affected. Table 3.2 shows type and number of trees/crops in the land. Table 3.2. : List of tree/crops to be affected
NO KIND of CROPS SMALL/ SEED MEDIUM LARGE 1. Coconut Tree - - 43 2. Palm oil Tree 25 - - Source : Preliminary land and assets inventory, November 2011
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IV. COMPENSATION
Compensation rates and any kind of allowances, if applicable, will be negotiated between the PAP and PLN. The agreements reached during the negotiations are signed in a comprehensive meeting by the PAP or their representatives, the Head of Village ( Kepala Desa ), Sub-District (Camat ), or District ( Bupati ) or their representative, and PLN.
4.1 Land
Based on the national regulations, the final level of land compensation for the PAP will be determined through a process of negotiation. In the cases of land acquisition more than 1 ha (10.000 m 2), land acqusition will be conducted by Land Acquisition Committee (LAC) established by Local Government (Bupati).
Refering to National Land Agency Regulation concerning Implementation of Presidential Regulations No. 36/2005 jo President Regulation No. 65/2006, there is a procedure to determine the base price for land compensation. Appraisal Team or an Independent Appraisal Agency who already certified by National Land Agency will appraise the land value. The Appraisal Team members who established by Bupati consist of several Government Official from some institution which related with land issue (Tax Agency, Regional Land Agency/BPN, Academic Expert, etc). This Appraisal Team will do some research to determine the base price from several information, such as location and land condition, NJOP (Land Price from Tax Agency), existing land used, infrastructure surround the land and some information about market price. The result of price research will be reported to Land Acqusition Committee LAC). This Price will used by LAC as refference base price in negotiations with PAP.
Appendix III presents NJOP figures issued by local Tax Offices and the range in land market price based on the most recent transactions at the time (period 2011). The lower part of the range pertains to lower classes of land (eg. unproductive land, poor access, etc.) while the higher end of the range pertains to higher classes of land (good access road, proximity to town / urban centre, productive, ect.). Table 3.1 below summarizes NJOP and current land market price (based on Camat records of land transaction in the affected Kecamatan ) in the sub-project area. From the data presented, it may be seen that the NJOP for land in the sub-project area Rp.3.500 / m 2 and that the local market price for land ranges from Rp. 75,000 / m 2 to Rp. 250,000 / m 2. Table 4.1. : List of NJOP, Market Price, and Compensation Rates Paid to the PAP
District/ Sub-District/ NJOP 1 Market Price 2 VILLAGE Kabupaten Kecamatan (Rp. / m 2 ) (Rp. / m 2 ) Indragiri Hilir Tembilahan Sungai Beringin 3.500 75.000 – 250.000 Notes : 1 NJOP for 2011 issued by local Tax Offices (Attached)
6 2 Latest Land Transaction Rates in the respective village / kecamatan as reported by Camat
4.2 Tree / Crops Compensation
Land owner whose trees and crops are affected / acquired for the purpose of project construction are entitled to receive market rates for affected trees and crops.
Indicative compensation rates for tree crops are reviewed from time to time by the Kabupaten Agency for Agriculture and up-dated based on the prevailing market rates. Based on the recommendation of Agriculture Agencies, the Kabupaten Government has set indicative compensation amounts for the types of trees. During the LARAP preparation, the newest decree of Bupati Indragiri Hilir is not obtained yet. On the land acquisition implementation, the compensation for trees and crops will refer to this decree, if needed.
Instead, Appendix IV shows the Pekanbaru (kabupaten nearby) Bupati Decree on the indicative prive for the trees/crops. This decree will only refer for the cost estimation for the trees/crops compensation amount. While for the implementation, PLN will refer to the newest decree of Indragiri Hilir Bupati for the price. It is also a common practice that the land owner has calculated the trees/crops plants in his/her offering price, like in Gedong Tataan (Lampung). PLN will compensate based on the agreement with the land owner.
V. IMPLEMENTATION AND INSTITUTIONAL ARRANGEMENT
Refering the Decree of the Head of National Land Agency No.3/2007 concerning Implementation of Presidential Regulations No. 36/2005 and President Regulation No. 65/2006, procedure for conducting land acquisition for public interest are as follow:
1. Local Government (Bupati) issuing the Location Permitt
2. Land Acquisition Committee (LAC) is established by Bupati, who consist of: • Sekretaris Daerah (District Secretary) as Team Leader • Eselon II Government Official as Co-Team Leader • Regional Chief of National Agrarian in Kabupaten as Team Secretary • Several Local Government Official from Technical Agency who related with Land Acqusition Process
3. LAC carries out socialization and consultation with PAPs, Kepala Desa/Lurah and Camat (subdistricted head)
4. LAC conducts an inventory of land and any assets be acquired To conduct inventory of land and assets to be acquired, LAC involving the relevant agencies in the Local Government, such as Regional Land Agency (BPN Wilayah) , Agriculture Agency (Dinas Pertanian) and etc.
7 5. The results of inventory assets to be acquired announced in publically accesible places, such as Kelurahan or Kecamatan Office. 6. LAC appoints licensed land appraisers or institution or to form Land Appraisal Team to appraise land price for compensation. Land Appraiasal Team report to LAC.
7. LAC negotiated the amount of compensation to the land owner.
Negotiations for land and crops compensation rate and its compensation payment for the proposed will be commenced in May 2012.
Civil works will only be commenced after the PAP get the compensation for his assets.
PAP will get the certificate for his remaining land at least 6 months after the compensation payment. Fund for certification process will be borne by PLN.
VI. CONSULTATION PROCESS AND GRIEVANCE REDRESS PROCEDURE
6.1 Consultation / Participatory Process
National regulations instruct that PAP be adequately informed and consulted during the process of land and crops acquisition. National law and regulations provide for final compensation rates to be reached by a process of negotiation ( musyawarah ).
Information on the sub-project has been received by land owner since preliminary survey activities and initial consultation conducted by the project in November 2011, when the project made an inventory of assets on Substation bases for LARAP document and initial consultation for EMP perapartion. By this initial consultation, land owner convey his willingness to sell the land for Tembilahan Substation construction. Amount of cash from this land acquisition will be used for expanding family business investment.
6.2 Consultation and Disclosure
PLN UIP RING SUM I (the implementing unit) will do the socialization and consultation with the land owner and the community surrounding as necessary on March 2012 prior to compensation negotiations. The information for socialization will include :