RP1040 V6

MINISTRY OF PUBLIC WORKS DIRECTORATE GENERAL OF HIGWAY AND ROAD MAINTENANCE GENERAL STATION OF IMPLEMENTATION OF NATIONAL ROAD CERTAIN NON VERTICAL UNIT P2JJ Jl. Kenanga RT. 3, No. 28, Bengkulu, Tel. (0736) 22218 Public Disclosure Authorized Public Disclosure Authorized LARAP STUDY

(Land Acquisition and Resettlement Action Plan)

IPUH-BANTAL ROAD PRESERVATION PROJECT

MUKO-MUKO LAMPUNG PROVINCE MARCH 2011 Public Disclosure Authorized Public Disclosure Authorized TABLE OF CONTENTS

I INTRODUCTION AND PROJECT DESCRIPTION II SOCIAL ECONOMIC SURVEY AND ASSET INVENTORY III LAND ACQUISITION AND RESETTLEMENT POLICY IV PUBLIC CONSULTATIONS V INSTITUTIONAL RESPONSIBILITES AND COMPLAINTS HANDLING VI MONITORING AND REPORTING VII IMPLEMENTATION SCHEDULE AND FINANCING A WORKPLAN OF LAND ACQUISITON AND RESETTLEMENT RK PTPK A DATA OF IMPACTED RESIDENTS AFFECTED PERSONS AND ASSETS A ESTIMATION OF COMPENSATION AMOUNTS A FLOW CHART OF GRIEVANCE REDRESS MECHANISM A SAMPLE FORM OF MONTHLY MONITORING OF LARAP IMPLEMENTATING A SAMPLE FORMAT OF SOCIALIZATION RESULTS A MINUTES OF MEETING A PHOTOS OF LIST OF PAP ANNOUNCEMENT I. INTRODUCTION AND PROJECT DESCRIPTION

1. Background. The Indonesian Government, through the Ministry of Public Works, plans to implement a project of capacity improvement for the National Road segment of Ipuh – Bantal (herein referred to as ‘the Project’) located in the District of Muko Muko, Province of Bengkulu. This project will be financed by a loan from the World Bank through its Western National Road Improvement Project (WINRIP). The road segment falls within the Central Corridor, which is an alternative road for distributing goods and services on Sumatra.

2. To meet the minimum width requirements of a National Road designation, the existing road will be widened by 7m of carriage way and the new right of way total will be at least 14m. According to an initial survey, the needed improvements will require additional land acquisition from the existing Right of Way.

3. Based on the Loan Agreement document signed by the World Bank with the Government of Indonesia (GOI), in the event of any road development that requires additional land acquisition, a Land Acquisition and Resettlement Plan (LARAP) will be prepared following the relevant World Bank policies. The purpose and objectives of the LARAP are to: • Gather information on the social and economic conditions of Project Affected Persons (PAPs) whose land or other assets are affected by the project, and to determine the aspirations of local inhabitants regarding the Project as well as their requested compensation for assets affected by the Project or land acquisition; • Prepare policy alternatives for land acquisition and resettlement toward PAPs; • Prepare a workplan for land acquisition and resettlement as guidance as well as planning efforts for the land acquisition and resettlement process for PAPs.

4. Process and Methodology. This LARAP has been prepared based on direct information obtained from PAPs, both through interviews and focus group discussions involving community groups. This information was obtained through a social economic survey, with samples taken from a census of all affected households. The social economic survey was conducted by interviewing PAPs using both structured and non-structured lists of questions. Secondary data was obtained from several institutions, including the Public Works Agency of the District of Muko Muko, the Regional Development Planning Agency (Bappeda) of the District of Muko Muko, the Regional Government of the District of Muko Muko and the Agricultural Agency of the District of Muko Muko.

5. Analysis of the data was done using descriptive statistical methods equipped with tables, pictures, and detailed maps with qualitative descriptions. Descriptions on the inhabitants’ perceptions of the Project, needs to improve the environmental condition as well as their social economic lives are presented in the form of qualitative analysis. The result of analysis and findings found in the field are presented in the Workplan of Land Acquisition and Resettement, which will guide the implementation of agreed Land Acquisition. This workplan is prepared in a matrix containing types of activities/program, funds needed, fund resources and implementating agency as well as the responsible person for the agreed activities. The workplan is included in Annex 1.

6. Project Location and Description. The LARAP for the Ipuh-Bantal segment covers 42km of National roads, starting from KM 167 + 270 BKS to KM 209 + 420 BKS, which is the part of the Sumatra Road Network of Middle Trans Sumatra. Administratively, the Ipuh Bantal road segment belongs to the District of Muko Muko and the Sub-Districts of Ipuh, Sungai Rumbai, Pondok Suguh and Tramang Jaya. A location map is included in Figure 1.1. A brief description of the Project is included in Table 1.1. Based on the plan to widen the existing Right of Way, the Project will require additional lands as wide as + 2,730 m2 to be acquired by the Regional Government through land acquisition.

Table 1.1 Project Description of Ipuh Bantal Road Improvement Description Existing Planned Activity • Length of segment 42 + 150 km 42 + 150 km • Width of soil 4 – 6 m 7.0 m reinforcement • RUMIJA 12 – 13 m 14 m

Figure 1.1 Location Map of the Project Segment

II. SOCIAL ECONOMIC SURVEY AND ASSET INVENTORY

7. Identification of the Project Affected Persons and Assets. The identification of PAPs, an inventory of the affected assets, and the social economic study was conducted on November 11-16, 2010. This date will be the cut off date to record PAPs entitled to compensation, resettlement assistance and livelihood restoration assistance. In case there is a time gap between the LARAP approval and the implementation of WINRIP or sub-projects under WINRIP, the Land Acquisition Committee (LAC) will conduct verifications of the current situation based on a list of PAPs and assets from the survey. The LAC will announce the list of PAPs and begin consultations and negotiation. The announcement of the affected people along with the affected assets has been conducted since March 12, 2011 (the documentation can be seen in annex 8) and Land Acquisition Commitee will proceed to conduct socialization to the affected persons.

8. There are 167 households and 11 institutions affected by the Project, with a total affected area of 2,730 m2 consisting of 167 plots/parcels (owned by 165 Households) and 4 state owned plots/parcels. As for the inventory of assets affected by project, see Table 2.1. On average, about 1.7% of each affected household’s land will be acquired by the land acquisition process of the Project. There are no households whose land will be completely acquired. For affected buildings, most are partly affected and the remaining parts are considered suitable for living.

9. Out of 167 individual plots, 120 plots are certified and 47 plots are not certified. Instead they have the Land Ownership Certificate/SKT issued by local Sub-District. There are two buildings that must be completely demolished: one (1) food stall (6 m2) and one (1) neighborhood nightwatch post in Desa Air Bikuk. It is not necessary to displace these two buildings, since they can be easily relocated and re- constructed. Data of the names, areas of plots owned and areas of affected plots is presented in Annex 1.

Table 2.1. Summary of Residents and Assets Affected by the Project Areas (m2) No Description Quantity Remarks Total Affected

1 Number of Affected People (Hhs) 178 a. Individuals 167 b. Institutions 11 2 Land to be acquired A Area of land 2,730 m2 B Number of plots to be acquired 171 parcels a. Individuals 167 parcels b. State Owned/Public Lands 4 parcels

C Number of Owners whose lands: - a. Totally acquired b. Partly acquired 171 parcels (165 Hh/4 institution) E Land Title Status a. Property/Certified Right 120 parcels b. Property/Uncertified Right 47 parcels c. State/Public Land 4 parcels 3 Building to be affected by Project A Individuals 184 units Permanent building 3 units 207 35 Partly affected Semi permanent building 1 units 112 8 Partly affected Non-permanent building 34 units 1.432,5 183,8 1 totally affected* Wooden terrace 67 units 474 Permanent terrace 24 units 221,3 Wooded fence 22 units 238 Permanent fence 23 units 195,2 Wire fence 0 Foundation 6 units 52 Pond 2 units 9,5 Tombs 2 units B Institutions : 11 units

Permanent building 2 units 126 16 1 Neighborhood Wooden terrace 2 units 14 security post totally Permanent terrace acquired Wooden fence 1 unit 20 Brick/permanent fence 5 units 62,2 Wire fence 1 unit 15 4 Plants Areas (m2) No Description Quantity Remarks Total Affected A Number of Plants Palm = 11 Pepaya = 2 32 trees Banana = 5 Jambu = 1 Jackfruit = 1 Coconut = 8 Rambutan = 1 Mango = 2 Coklat = 1

10. Social Economic Conditions of Project Affected Persons. The identity of PAPs can be determined by their residence longevity. Generally speaking, most (87%) have been living in the same houses for more than 10 years (145 respondents). Some 15 respondents (9%) have lived in their current residence for 6 – 10 years and the remaining 6 respondents (4%) for 2-5 years. From the longevity of their residence it is evident that their settlement in the Project area is hereditary.

11. Age of Respondents. The age classification of respondents it as follows: 62 respondents (37%) are between 31 – 40 years old; 44 respondents (26%) are between 41 – 50 years old; 30 respondents (18%) are between 20 – 30 years old; 14 respondents (8%) are between 51-55 years old; 12 respondents (7%) are between 55 years old and over; and the remaining 5 respondents (3%) are below 20 years old. From the above age classification it is identified that the majority of respondents (81%) fall into productive ages (20 – 50 years old). They mostly work as farmers for oil palm plantation estates.

12. Employment Profile of Respondents. Most respondents work as farmers, i.e. 94 respondents (52%). The other 39 respondents (23%) are traders. 12 (7%) respondents classified themselves as entrepeneurs and 9 (5%) respondents classified themselves as Public Servants or Members of the Armed Forces. The remaining respondents work as either laborers, drivers or members of the local representative assembly (DPRD).

13. Education of Respondents. Most respondents have at least an Elementary School education, with 60 persons (36%) holding that qualification. There is a nearly equal portion of respondents, 58 (35%) who have their Senior Secondary Certificates (SLTA). 32 respondents (19%) hold Junior Secondary Certificates and 16 respondents (10%) attend tertiary education programs.

14. Average Monthly Income of Respondents. Most respondents (163, or 98%) have an average monthly income above IDR 1.000.000. Generally, they are farmers. Four respondents (2%) answered that their average income was between IDR 500.000-1.000.000/month.

15. Community Perceptions of the Project. The majority of communities said that they were uninformed about plans for the Project. This was because there had been little to no socialization efforts conducted by the local administration or other parties. Nevertheless, these communities expressed support for the road development plans. However, they expected formal socialization exercises from the Local Administration or Project authorities, especially in regards to the acquisition of land and assets for the Project. Intensive socialization and public consultation is key for the success of land acquisition and resettlement plans related to the Project. All respondents agreed that improved traffic movement will be benefit of road betterment and widening. Smooth traffic will promote the marketing of their agriculture products, and in turn augment the economic conditions of residents living adjacent to the Project link.

16. Adverse impacts of the Project include reduced productive assets (farms), buildings, and land. However, given the total size of lands owned by PAPs, the relatively low average amount of land acquisition expected to take place (on average, about 1.7% of each affected household’s land will be acquired for the Project), and the expected fair compensation for the acquired assets, the negative impacts of the Project will be minimized. Most respondents expressed preference for cash compensation for assets acquired by the Project.

17. Market price and Sales Value of Tax Objects. Interviews with local residents and village/kecamatan officials managed to collect information concerning market price and the sales value of tax objects (NJOP) of lands by village/kelurahan affected by project in Table 2.2.

Table 2.2: Sales Value of Tax Objects (NJOP) Land Price No Village/Desa Kecamatan NJOP Market 1 Desa Medan Jaya 10.000 40.000 - 150.000 2 Desa Pulai Payung Ipuh 1.200 40.000 - 150.000 3 Desa Sibak 1.200 40.000 - 150.000 4 Desa Retak Mudik 1.700 60.000 - 150.000 5 Desa Sumber Makmur 1.700 60.000 - 150.000 Sungai Rumbai 6 Desa Gajah Mati 1.700 80.000 - 150.000 7 Desa Gading Jaya 1.700 60.000 -125.000 8 Desa Tunggang 1.200 60.000 -125.000 9 Desa Karya Mulya 1.200 60.000 -125.000 10 Desa Pondok Kandang 1.200 80-000 - 160.000 11 Desa Pondok Suguh Pondok Suguh 1.700 80-000 - 160.000 12 Desa Air Berau 1.200 80-000 - 160.000 13 Desa Lubuk Bento 1.200 80-000 - 160.000 14 Desa Air Bikuk 1.200 80-000 - 160.000 15 Desa Ejung 3.000 100.000 - 200.000 Tramang Jaya 16 Desa Bunga Tanjung 3.000 100.000 - 200.000

III. LAND ACQUISITION AND RESETTLEMENT POLICY

18. The preparation of this LARAP adhers to policies mutually agreed to by the Government of Indonesia and World Bank concerning land acquisition and resettlement as set out into Guideline for Environmental and Social Management Framework (ESMF).

19. Calculating compensation for land. Land to be acquired will be compensated according to its real replacement cost. The sum of compensation will be jointly discussed between PAPs and the Local Government based on land valuation made by the Independent Land Appraisal Team in accordance with land acquisition mechanisms as spelled out in Presidential Decree No. 36/2005, Presidential Decree RI No. 65/2006 and the Head of Land Agency Regulation No. 3/2007 on land acquisition for public purposes. The appraisal result will be given to Land Acquisition Committee as a basis to conduct s with PAPs. Costs of any registration and transfer taxes will be paid by the Government.

20. Calculating compensation for buildings. Compensation for the building is made based on the market price of materials used to construct the affected building without considering depreciation. Costs to replace building structures affected by project will be estimated based on unit price of construction materials set by Human Settlement Agency (Dinas Cipta Karya) of Bengkulu Province. Accordingly, replacement cost for other assets to be affected by project will be calculated with the same method. The basic rate is outlined in Table 3.1.

Table 3.1. Basic Price for the Acquisition of Building and Other Assets No Description Price (Rp.) Unit 1 Permanent building 1.600.000,- per m2 2 Semi permanent building 1,050.000,- per m2 3 Non Permanent building 650.000,- per unit 4 Wall fence 350.000,- per m2 5 Wooden fence 45.000,- per m’ 6 Wire (BRC) fence 300,000,- per m2 7 Foundation 400,000,- per m2 8 Wooden Terrace 350,000,- per m2 9 Permanent Terrace (concrete) 450,000,- per m2 10 Ponds 1,500,000,- per m2 11 Cemetery 800,.000,- per m2 Source: Calculations based on material prices in Bengkulu Province

21. For the owner of food stalls whose kiosk must be entirely affected (1 person), the displacement or demolition of the affected structure will be carried out after the replacement kiosk is ready. This is to minimize income loss impact. No PAPs will be relocated. Detailed calculation are provided in Annex 3.

22. Calculating compensation for plants. Since no basic rates for the compensation of plants have been issued by the Agriculture/Plantation Agency of Kabupaten Muko-Muko, the compensation of plants is based on rates gathered during interviews with PAPs. Until the preparation of this report, referential rates were still being sought afer for plant compensation from Bengkulu Province administration. If available, these referential rates will be used to calculate plant compensation.

Table 3.2. Basic Rate for Plant Compensation No Name of Trees Unit Price 1 Oil Palm 500.000 2 Pepaya 40.000 3 Banana 50.000 4 Jambu 75.000 5 Jackfruit 100.000 6 Coconut 10.000 7 Rambutan 1.000.000 8 Mango 400.000 9 Cacao 150.000

23. Financial assistance for the relocation of affected tombs. Apart from compensation for affected tombs (IDR 800,000 per tomb) there will be financial assistance for the ceremony of relocating the tombs, i.e. IDR 1,500,000 per tomb. This assistance has been added to the compensation for affected assets.

24. Calculating Land Certification Fees. For certified lands, land will be split and the local government will do certification for the remaining land together with the uncertified lands which will also be certified. Fees for land administration until the issuance of new land certificates will be charged to the Government and are expected to amount to IDR 750.000 per certificate.

25. Land Compensation Budget. Basic rates to estimate land compensation will adopt the average market price based on information obtained from Village Head/Camat along the road routes. For the prices of payment, the rate will be jointly discussed between PAPs and the Land Acquisition Committee using appraisal results from the Independent Land Appraisal Team. Costs for land compensation are estimated to reach IDR 286,743,000. For a detailed calculation of the estimates, please see Annex 3, Table A3.3.

26. Budget for Compensation of Buildings and Other Assets. The estimated total cost for compensating building structures (permanent, semi permanent and non permanent), brick fences, wooden fences, foundations, terraces (wood and concrete), fish pond and tombs are IDR 681,455,000.

27. Budget for the Compensation of Plants Affected by Project. The estimated total cost for compensating plants is IDR 8,035,000. Detailed calculations are provided in Table A3.5 of Annex 3.

28. Estimated Certification Fees. Certification will be made for all lands purchased by project. There will be 171 parcels. Out of this certification, 120 certificates will be awarded to the newly split lands. Meanwhile, the other 51 parcels will need new certificates. It is estimated that the budget required for this certification will reach IDR 128,250,000.

29. Estimated Costs for Land Safeguard. To secure the plots that have been purchased, a billboard bearing warning of building erection ban will be put up in several strategic points along the effective length of the link. It is anticipated that every billboard will require a budget of IDR 500,000, or in total IDR 10,000,000 for 20 billboards. Detailed work plans, implementation schedule, activity responsibilities and cost breakdowns are provided in Annex 1.

IV. PUBLIC CONSULTATIONS

30. Participation of PAPs is paramount for the planning and implementation of the action plan, as well as to identify their perceptions of the Project and the Project Implementation Plan (PIP). It is likely that residents whose houses or other assets will be acquired by the Project will file complaints because of the effect of the Project on their daily lives. To minimize the impact and to improve the effectiveness of complaints handling, it is crucial to engage PAPs beginning with the consultation process. The Directorate-General of Highways (DGH, or Dirjen Bina Marga) assures the World Bank that information about the project will be fully conveyed to the communities and other stakeholders prior to project execution. Intensive consultation involving local communities and PAPs will facilitate consensus building for the proper compensation of affected assets. This will facilitate the Project’s successful implementation.

31. Public Consultation Mechanisms. Public consultations will be carried out by the LAC, the Local Administration of Kabupaten Muko-Muko, and the DGH. Consultations may delivered in the form of face-to-face dialogue with PAPs on an individual or group basis or through focus group discussions. This system has some advantages since it enables participants to submit feedback to express their complaints, inquiries or objections towards the Project. Other methods include announcing details of the Project in billboards, magazines, or in the immediate surroundings of the Project site.

32. Socialization was conducted when determining the borders of the Right of Way during a preliminary survey carried out by consultants along with P2JJ of Bengkulu Province from 11 to 16 November 2010. This social-economic survey was made by interviews using questionnaires, from which the respondents consisting of local residents had opportunities to address their comments, opinions, aspirations and preferences, and indicate their preferred form of compensation.

33. A consultation and socialization on Land Acquisition and Resettlement Policy Framework of WNRIP was conducted on 14 December 2010 in a workshop attended by Provincial officers and sub- districts affected by the Project. Minutes of these meetings are included in Annex 7. The announcement of the affected people list has been conducted since March 12, 2011 in sub-district offices that are easily accessible for the affected people (please see the documentation in annex 8).

34. Scope of Socialization and Compensation. Socialization will inform PAPS on details regarding: • Land acquisition plans, implementation mechanism and schedule including joint site mapping and measurement; • The rights of PAPs including details of compensation to be given as mentioned in LARAP document and how PAPs will receive such compensation; • Outlines of the negotiation process to reach consensus on the sum of compensation; • Elaboration of compensation payments and the payment schedule; • Elaboration of complaints procedures.

35. All consultation and socialization meetings must be documented. A sample form for monthly monitoring is included in Annex 5. A summary of the LARAP will be attached to billboards that can be found in village offices or other venues accessible to PAPs for at least one month to give them an opportunity to express objections to the Project.

36. Pre-Plenary LARAP meeting. Consultations and discussions of the LARAP at the local administration level that involve all related stakeholders is key for the smooth progress of land acquisition. This preliminary discussion may consist of pre-plenary meetings at the district level followed by the plenary meeting to reach agreement and sign the LARAP document.

37. The plenary meeting will seek inputs and suggestions on the LARAP in order to build consensus for the programs and activities indicated for the Project. The draft LARAP was submitted to the Kabupaten Muko-Muko administration on 4 January 2011. Minutes of the meeting are attached as Annex 7. This preliminary meeting needs to be followed up with similar meetings in order to reach consensus on the compensation mechanism and payment structuring.

38. To follow the results of pre-plenary meeting at district level, the addressed comments will be used as inputs for the revisions of LARAP document. If there is agreement from all parties and no objections from the World Bank, the document is then brought to a plenary forum in order to seek reach mutual agreement on the work plan included as Annex 1.

39. The agreed work plan must be signed by the Regent as the expression of his/her approval to provide the budget for the implementation of the LARAP as well as a commitment to execute the LARAP accordingly. This legalized Work Plan Document will serve as a guideline in performing land acquisition and resettlement activities at the Project site.

V. INSTITUTIONAL RESPONSIBILITES AND COMPLAINTS HANDLING

40. The DGH will act as the executing agency of WINRIP. Issues related to land acquisition and resettlement are also the responsibility of DGH. On the other side, as required by laws, the Local Government shall be held responsible for the implementation of land acquisition and resettlement process in there.

41. DGH, in this case deputized by the Project Management Unit (PMU), shall be responsible for the land acquisition activities, external monitoring and any matters required for reporting to World Bank. The Project Task Force (Satker) for Road and Bridge Development of Bengkulu Province shall be held responsible for the implementation of sub-projects.

42. To oversee these sub-projects, PMU and Satker shall be assisted by consultants. Kabupaten Muko-Muko Administration shall be required to establish the LAC pursuant to the following regulations: BPN (National Land Agency) Regulation Number 3/ 2007 concerning the Implementation of Presidential Regulation, Number 36/2006 concerning Land Provisions for the Execution of Development for Public Interests as subsequently amended by Presidential Regulation Number 65/2006 concerning Amendment to Presidential Regulation Number 36/2005 concerning Land Provisions for the Execution of Development for Public Interests. As mandated in the above mentioned regulations, PPT Kabupaten shall assign an Independent Land Appraisal Team, subject to consent of the Regent, tasked with valuing affected lands. In the absence of such an Independent Land Appraisal Team, the Regent can form a Team as stated in the Regulations.

43. Land Acquisition Committee (LAC) at District Level. The Lanc Acquisition Committee consists of a maximum of 9 (nine) persons with composition as follows: • District Secretary as the Chairperson cum member; • Provincial official equal to echelon II as Vice Chairperson cum member; • Head of BPN Regional Office or other assigned official as Secretary cum member; • Head of provincial agency/office/body engaged in land acquisition implementation or other assigned official as member.

44. Pursuant to Article 7 of Presidential Regulation No. 65 of 2006 concerning Land Provision for the Implementation of Development for Public Interest, the major tasks and duties of LAC shall be as follows: • Provide elaboration or counseling to the communities; • Conduct investigation and inventory of lands, building structures, trees and other assets relevant to the lands, which their land titles are about to be released or surrendered; • Examine the legal status of lands, which their land titles are about to be released or surrendered including the corroborating documents; • Announce the findings of examination and inventory referred to in letter b and letter c; • Receive the appraisal rate for affected land and/or building, and/or plants and/or other assets relevant to the affected land set by Independent Land Appraisal Institution/Team and other official responsible to value the building and/or plant and/or other assets relevant to the affected land; • Organize consensus meeting (negotiation) with the holders of land titles and government agency and/or local administration requiring lands to decide the forms and/or sums of compensation; • Set the compensation of lands which their land titles are about to be released or surrendered; • Witness the payment of compensation to the holders of land titles; • Prepare Land Right Release Report; • Administer and document all land acquisition files for submission to government institutions requiring lands and Kabupaten/Kota Land Agency.

45. Apart from the aforesaid tasks and duties, the LAC in the Muko-Muko District shall perform the following activities: • Facilitate the processing of legal status changes for the acquired lands and building; • Accommodate any complaint, objection and suggestion from the affected people for discussion to look for resolution, and the results will be published; • Prepare a monthly LARAP Implementation Report during LARAP implementation; • Submit the LARAP Implementation Report to the Bupati and Land Acquisition Monitoring Team.

46. Independent Land Appraisal Team. The Land Appraisal Team shall be tasked to assess the value of land to be affected by Ipuh-Bantal Link Improvement Project. The valuation made by this Land Appraisal Teamwill be submitted to LAC used as basis in discussing/negotiating the sum of land compensation. Land Appraisal Institution is professional institution that has accreditation as professional appraisal from Finance Department, and in addition for land appraisal, they also obtain license from National Land Agency. They are member of Indonesia Appraisal Association. In the case that Land Appraisal Institution does not present in the project location, the Local Government will form Land Appraisal Team. If necessary, the membership of Land Appraisal Team may be added with the representatives of NGOs or Universities. For monitoring summary, a template in Annex 6 is provided. Membership of the Land Appraisal Team includes the following persons: • Representative of agency responsible for Building and/or Park; • Representative of local government agency responsible for national land affairs; • Representative of Land and Building Tax (PBB) Agency; • Land Valuation Expert/Specialist; • Academician capable of assessing the value of land and/or building and/or trees and/or other assets over the affected lands.

47. Complaint resolution procedure. The main goal of complaint resolution procedure is to give an opportunity for PAPs to voice their dissatisfaction, address complaints and express grievances in verbal or written forms. Complaints may express the discontentment against all aspects of land acquisition and resettlement including its validity, the sum of compensation and facilitation for the affected people to receive the offered compensation. Mechanism to deal with complaints, objections or proposals concerning LARAP implementation will follow stages below: • All complaints must first be addressed to the Internal Monitoring Team/Bappeda/Project Manager (Pimpro)/LAC or directly to PMU WINRIP concerning any aspect of LARAP including its preparation process. Written complaints may be submitted within 14 days after the announcement of compensation; • Based on complaints, objections and proposals addressed by the affected people, Local Administration and PMU-WINRIP via the chairperson of Bappeda, Head of SNVT for Road and Bridge Development of Bengkulu Province and Monitoring and Evaluation Team will make verification; • The results of verification will be informed to the affected people no later than 12 days for discussion with the affected people to look for win-win solution; • The resolutions of problems or complaints, objections and proposals will be documented and accessible to the public and published in billboards of project office, local administration office and village/kelurahan office (please see the flow chart in annex 3)

48. In the case that no consensus is reached regarding the sum of compensation between the PAPs and Local Government after more than a year, the sub-project will be excluded from WINRIP or the sub- project will seek alternatives for Project realignment.

VI. MONITORING AND REPORTING

49. The Internal Monitoring and Evaluation Team will be established by the Local Government of Kabupaten Muko-Muko before the start of the land acquisition process. The team consists of representatives from Kabupaten Muko-Muko Administration (Bappeda), PAPs, universities or Non- Government Organizations (NGOs). The Monitoring and Evaluation Team will be chaired by a chairperson directly elected by the team members. The tasks of this team include: • Supervisory activities over the program implementation as indicated in the action plan including socialization, land acquisition, preparation and development of resettlement sites, public/social facility reconstruction, and community empowerment to recover the living conditions of the affected people. Monitoring will continue until all RAP activities and commitments have been met, including certifications. • Internal Monitoring Team will be in service during land acquisition and resettlement process. The team will be stationed in a secretariat office to facilitate the affected people in addressing their complaints and grievances • Coordinating on a monthly basis with the LAC, Bappeda and PMU to discuss any problem and constraint, especially any issue relating to the resolution of complaint/grievance expressed by the affected people. However, the resolutions will be sought after by Land Acquisition Committee and other related local government institutions. • Preparing Monthly Progress Reports on Program Implementation and at the end of the fiscal year the performance of land acquisition work plan will be evaluated to assess target realization, notably to identify whether or not the affected people now shoulder additional hardships as the results of project implementation.

50. Budget required for monitoring and evaluation shall be taken from local budget (APBD) of Kabupaten Muko-Muko Administration. internal monitoring reports consist of progress report and final report when the compensation payment reaches 100%.

a. Progress Report. The first progress report will be produced/submitted when the payment reaches around 50%. This progress report will be prepared by the chairperson of Monitoring Team for submission to PMU WINRIP, Bupati and Project. Thereafter, progress of compensation payment will be reported on monthly basis. For monitoring summary, format in Annex 5 can be referred to. This report contains:

• Detailed data of socialization that has been performed ranging from preparation stage to discussion meeting to reach agreement on compensation rate.

• The results of land valuation from Independent Appraisal Team as reference in achieving agreement on basic rate of compensation for other affected assets.

• Type and time of compensation payment as indicated in land acquisition and resettlement action plan.

• Complaints and grievances addressed by PAP relating to overall aspects of land acquisition and resettlement.

Final Progress Report (when compensation payment reaches 100%). It contains information concerning the realization of physical progress, financial progress (to the allocated budget), social-economic progress of the affected people (especially the displaced persons), certification of the affected land, problems/constraints encountered and their resolution action plan as well as work plan for the next fiscal year. This report will be prepared by the chairperson of Monitoring Team for submission to PMU WINRIP, Bupati and Project

VII. IMPLEMENTATION SCHEDULE AND FINANCING

51. Implementation schedule. The land acquisition and resettlement implementation schedule are included in Annex 1.

52. Funding policy. Budgets required for land acquisition to support Ipuh – Bantal Link Improvement Project in Bengkulu Province will come from local budget (APBD) Kabupaten Muko-Muko Administration. This includes budgets allocated for the LAC. This budgeting conforms to Decree of Financial Minister No. 58/PMK.02/2008 concerning Budget Allocation for Land Acquisition Committee for the implementation of development for public interest. This allocation is 4% of total land acquisition budget. Budget for Internal Monitoring Team will be also taken from APBD Kabupaten Muko-Muko. Land Acquisition, Resettlement and Community Action Plan (program, activities, estimated fund requirement, source of fund, implementation, responsibilities) is elaborated in Table 7.1. that follows. Annex 1: WORKPLAN OF LAND ACQUISITON AND RESETTLEMENT (RK-PTPK) MENT IMPROVEMENT OF IPUH BANTAL, DISTRICT OF MUKO-MUKO, PROVINCE OF BENGKULU Sumber Biaya Remarks Cost Period of REGIONAL REGIONAL Output Location Unit Responsible Needed NATIONAL Implementation BUDGET BUDGET BUDGET 2011 2011 2012 - The establishment of Land Regency of Package Regency Governmenet of n Acquisition Committee at Muko-muko Muko-muko mbai district level - Documents of Land March-April 2011 LS LS Acquisition workplan

gns a - The establishment/ Regency of Package Regency Governmenet of appointment of the Land Muko-muko Muko-muko Perice Evaluation Team al/real - To input comparable basic March-April 2011 LS LS cation price TRW, encing

Already socialized project and Sub District of Package Land Acquisition land acquisition plan, eqiuipped Ipuh Committee P2JJ or SMT on of with minutes and presence list Sub District of of Bengkulu Road and Sungai Rumbai Bridge Development Sub District of April-May 2011 LS LS Puguh Jaya Sub District of Tramang Jaya

llalgel - Land boundary Poles are Sub District of Package Land Acquisition set, for easier acquisition Ipuh Committee P2JJ or SMT - List of WTP and their assets Sub District of of Bengkulu Road and to be acquired Sungai Rumbai Bridge Development - Preparation of Project Sub District of June-July 2011 LS LS Impacted Land Piece Map Puguh Jaya Sub District of Tramang Jaya

The accomplishment of Sub District of Lumpsum Land Acquisition consultation / negotiation Ipuh Committee P2JJ or SMT ad on process, equipped with official Sub District of of Bengkulu Road and report, minutes and presence Sungai Rumbai Bridge Development August-September list. Sub District of LS LS 2011 tion Puguh Jaya Sub District of Tramang Jaya

Sumber Biaya Remarks Cost Period of REGIONAL REGIONAL Output Location Unit Responsible Needed NATIONAL Implementation BUDGET BUDGET BUDGET 2011 2011 2012 ents’ Implementation of Sub District 2.730M2 Land Acquisition October- 285.743.000 285.743.000 compensation payment of Ipuh, Committee November 2011 upon the residenets’ lands Sungai is agreed Rumbai Implementation of 242BM2 209.470.00 209.470.000 compensation payment for structure buildings Implementation of 530.4M 185.350.000 185.360.000 compensation for boundaries (fence) Implementation of .... 243.375.000 243.375.000 compensation for terrace

Implementation of 61.5M2 37.50.000 37.650.000 compensation for foundation and ponds

Implementation of 2 line 4.500.000 4.500.000 compensation for cemeteries Implementation of 32 trees 8.035.000 8.035.000 compensation for plants - Implementation of Sub District BPN (National Land 2012 60.000.000 80.020.000 certificate saparation of Ipuh, Agency) et certificate saparation of Ipuh, Agency) 38.250.000 85.250.000 - Implementation of new Sungai certificate processing Rumbai Implementation of safe Sub District Regency Government of November- 60.000.000 63.000.000 destruction of Ipuh, Mukomuko December 2011 Sungai 27.900.000 27.900.000 Rumbai, Pupuh Jaya, Trimang Jaya Implementation of Sub District Regency Government of November- 10.000.000 10.000.000 establishment of of Ipuh, Mukomuko December 2011 prohibition fenceing Sungai Rumbai, Pupuh Jaya, Trimang Jaya Establishment of Sub District Regency Government of May-December LS LS ty Monitoring Team under of Ipuh, Mukomuko 2011 the Decree of District Sungai Head Rumbai, Documents of monitoring Pupuh Jaya, report on LARAP Trimang Jaya Implementation

1.284.383.000 1.075.133.000 128.250.000 - Mukomuko Bupati of Mukomuko Annex 2: DATA OF IMPACTED RESIDENTS – AFFECTED PERSONS AND ASSETS

Annex 3: ESTIMATION OF COMPENSATION AMOUNTS

Table A3.1. Data of Land Area per Village number of Piece of Land (m2) No Village Name Sub-district WTP Initial Impected acted Individual 1 Desa Medan Jaya 19 11.112,8 187,3 2 Desa Pulai Payung Ipuh 11 14,697.5 322,9 3 Desa Sibak 3 3.560,0 124,0 Sub Total of Ipuh Sub district 33 29.370,3 634,2 4 Desa Retak Mudik 29 13.921,3 455,8 5 Desa Sumber Makmur 3 860,0 26,0 Sungai Rumbai 6 Desa Gajah Mati 11 14.222,0 138,0 7 Desa Gading Jaya 11 12.240,0 191,0 Sub Total of Sungai Rumbai Sub district 54 41243,3 810,8 8 Desa Tunggang 21 32.735,0 281 9 Desa Karya Mulya 16 9,428,0 283,0 10 Desa Pondok Kandang 9 6.905,0 160,0 11 Desa Pondok Suguh Pondok Suguh 7 4.605,0 124,0 12 Desa Air Berau 5 2.930,0 103,0 13 Desa Lubuk Bento 4 11.750,0 27,0 14 Desa Air Bikuk 5 7.548,0 59,0 Sub Total of Pondok Suguh Sub district 67 75,901 1037 15 Desa Ejung 7 3.483,0 103,5 Tramang Jaya 16 Desa Bunga Tanjung 4 1.100,0 48,5 Sub Total of Tramang Jaya Sub district 11 4,583 152 Total 1 165 151.047,6 2.639,5 Institution 1 Pulai Payung Ipuh 2 120 14 2 Retak Mudik Sungai Rumbai 1 775 46,5 3 Air Berau Pondok Suguh 1 200 30 Total 2 4 1,095 90,5 Total 169 152,192.6 2,729.9 Table A3.2. Status of Data of Land per Village Status of Land (Total ) No Village Name sub district number of WTP Not yet Certificate Certificate (SKT) 1 Medan Jaya 19 19 0 2 Desa Pulai Payung Ipuh 11 13 0 3 Desa Sibak 3 3 0 Sub Total of Ipuh Sub district 33 35 0 4 Desa Retak Mudik 29 9 20 5 Desa Sumber Makmur 3 3 0 Sungai Rumbai 6 Desa Gajah Mati 11 6 5 7 Desa Gading Jaya 11 8 3 Sub Total of Sungai Rumbai Sub district 54 26 28 8 Desa Tunggang 21 13 8 9 Desa Karya Mulya 16 10 6 10 Desa Pondok Kandang 9 8 1 11 Desa Pondok Suguh Pondok Suguh 7 7 0 12 Desa Air Berau 5 5 0 13 Desa Lubuk Bento 4 4 0 14 Desa Air Bikuk 5 5 0 Sub Total of Pondok Suguh Sub district 67 52 15 15 Desa Ejung 7 5 2 Tramang Jaya 16 Desa Bunga Tanjung 4 2 2

Sub Total of Tramang Jaya Sub district 11 7 4

Total 165 120 47 Number of Land plots = 167 27

Table A3.3. Estimated Land Compensation Amount

Table A3.4. Estimated Building Development Cost and Other Asset Compensation Amount

No. Types Asset Total Area Unit Price Total (Rp) Impacted (Rp) 1 Permanent Building 51,0 1.600.000 81.600.000 2 Semi Permanent Building 8,0 1.050.000 8.400.000 3 Emergency Building 183,8 650.000 119.470.000 4 Wooden Terrace 419,4 350.000 146.790.000 5 Permanent Terrace 221,3 450.000 99.585.000 6 Woodent Fence 258,0 300.000 77.400.000 7 Permanent Fence 257,4 400.000 102.960.000 8 Wire 15,0 400.000 6.000.000 9 Foundation 52,0 450.000 23.400.000 10 Pond 9,5 1.500.000 14.250.000 11 Cemetery 2,0 800.000 1.600.000 681.455.000 Table A3.5. Estimated Impacted Plant Cost Compensation

No. Name of Tree Total Unit Price Total

1 Palm 11 500.000 5.500.000 2 Papaya 2 40.000 80.000 3 Banana 5 50.000 250.000 4 Buava 1 75.000 75.000 5 Jackfruit 1 100.000 100.000 6 Coconut 8 10.000 80.000 7 Rambutan (Nephelium Lappaceum) 1 1.000.000 1.000.000 8 Mango 2 400.000 800.000 9 Cocoa 1 150.000 150.000 Total 32 8.035.000 Annex 4: FLOW CHART OF GRIEVANCE REDRESS MECHANISM

PMU Grievance redress mechanism of LARAP implementation WINRIP Process

PAPs - Bappeda M - Head of Satker P2JJ (Sub project O manager) - LAC N - Monitoring Team T Within 12 working O Investigation conducted by days R Bappeda & Satker I N G Consultation with PAPs

Agreement with PAPs

Local disclosure

Implementation Annex 5: SAMPLE FORM OF MONTHLY MONITORING OF LARAP IMPLEMENTATING

Regency/Municipality: ……………… Sub-project: …………………… Reporting Period: …………….

Work Plan of LARAP Progress Report 1 Progress/ Status Problem & Remarks Activity Date Target in the field Planned Follow-up CONSULT 1. Compensation2 Attach: Copy of Agreement

2. Relocation3 Attach: copy of published relocation schedule

IMPLEMENTATION 1. Payment of Attach: copy of compensation/benefit/seve receipt rance pay including relocation cost 2. Relocation location preparations for: - Number of houses

- Number of kiosks Number of facilities (Mosques, Schools, healt center)

1 If the column is not sufficient, please use additional blank paper 2 Consultation for sompensation is about (1) market Price, (ii) compensation payment Schedule, and (iii) assets ownership, amount and 3 Consultation for relocation is about (i) relocation schedule,(ii) relocation location, (iii) relocations of facilities (such as mosque, school) and public facilities Work Plan of LARAP Progress Report 4 Progress/ Status Problem & Remarks Activity date Target in the field Planned Follow-up Number of public facilities (electricity network, water) 3. Relocation - Number of people relocated number of facilities

number of public facilities

4. Land certification Attach: copy of - Number of new certificate certificate at relocation area

- Number of revised certificate

5. Complaint Attach : – Number of received - List of complaints complaints submitted

- Number of complaints Attach: accomplished – copy of responses sent

4 If the column is not sufficient, please use additional blank paper Annex 6: SAMPLE FORMAT OF SOCIALIZATION RESULTS

Date of the meeting Location for the meeting Purpose of the meeting Who participated from project proponent Who participated from the community: • Community leaders/representatives • Community members (# of persons)

Issues raised (bisa setiap pertanyaan atau apapun yang muncul)

Actions agreed

Annex 7: MINUTES OF MEETING

Workshop Land Acquisition and Resettlement Policy Framework (LARPF) for the Preparation of Western Indonesia National Road Improvement Project (WINRIP) Day/Date : Tuesday, 14 December 2010 Place : Meeting Room of Public Works Agency, Bengkulu Province Time : 10.30 – 16.30 Chairperson : Head of Sub-Directorate for Region II Participants : Attached Agenda : Workshop Land Acquisition and Resettlement Policy Framework (LARPF) for the Preparation of Western Indonesia National Road Improvement Project (WINRIP)

Meeting organized on this Tuesday is as follow up of Workshop on LARPF for the Preparation of Western Indonesia National Road Improvement Project (WINRIP). The meeting is opened by Bapak Andi Roslinsyah, Head of Public Works Agency.

Generally speaking, the meeting was to discuss Overview of Western Indonesia National Road Improvement Project (WINRIP) presended by Slamet Muljono of Sub-Directorate for General Planning, Directorate of Programming. As to ISMR presentation it was elaborated by Ibu Nurmala of Sub-Directorate of Environmental Engineering and Road Safety, Directorate of Engineering Development. After brief opening speech by the chairperson, the meeting was followed with a question and answer session. The majority of participants raised questions around Land Acquisition. Comments and inputs addressed during the discussion can be summarized as follows: a. Environment Office of Kabupaten Muko-Muko WINRIP project concerns road improvement. Meanwhile some links have yet to be developed. This meeting should be organized by Bappeda [instead of Public Works Agency]. Some roads in damaged conditions may be liable for inclusion in this WINRIP project. Any issue regarding Land Acquisition should be jointly discussed. APBD 2011 budget has been proposed to DPR. The Bupati of Kabupaten Muko-Muko has incentive for land acquisition. Compensation will be made in a single package. Local Administration should not bear all costs incurred from land acquisition process. It is expected that the Government assist this land acquisition process in terms of funding. Socialization will take place in district capital of Kabupaten Muko-Muko. b. Camat (Sub-District Head) of Bantal Muko-Muko Hopefully the participants may have the softcopy versions of presentations. Compensation will be given to the affected residents who are willing to take it. Land acquisition should reach broad communities so that more social elements can benefit the link to be developed. c. PPK Northern Region II Air Manulah bridge has been deleted from WINRIP, whereas the required lands consisting of protection forest have been acquired. The Ministry of Environment has issued Land Acquisition Permit for the affected plots. Replies Ibu Nurmala • Since the fund to be financed this project comes from loan, some approvals as required by World Bank are still necessary. The local administration of district as project location should understand requirements proposed by World Bank. • Donor agency/creditor never promises to cover land acquisition costs. It is the pledge of the Government to World Bank. • As to the granted land, Sub-District Office (Kecamatan) must keep statement certifying the donation of lands from the local residents to the Government. However, public socialization with local communities is deemed necessary. • Since it is related to national roadway, than the socialization shall be conducted in the province. However it will be conducted in the regency (Kabupaten) for socializing land acquisition.

Bapak Selamet • From economic wise, Air Manulah bridge fails to meet the requirements set by World Bank. Moreover, there are protection forest areas adjacent to the bridge site. The fund not only come from WINRIP but may be financed under APBN budget.

Bapak Langgeng • Please prepare letter from Balai addressed to the Government certifying that Air Manulah bridge is ready. Also attached, land acquisition permit from the Ministry of Environment.

This meeting will be continued with a plenary meeting and socialization to the affected districts (kabupaten). Thank you.

MINUTES OF MEETING Day /Date : Tuesday, 4 January 2011 Place : The Offices of Mukomuko Bupati, Bengkulu Province Agenda : Discussion of draft LARAP Ipuh-Bantal Road Segment, Mukomuko Regency Attendees : 1. Head of Bappeda of Mukomuko Regency 1. Head of Sunram Division, Mukomuko Regency Government 2. Head of Legal Section, Mukomuko Regency Government 3. Head of Division of Bina Marga (Highway Development), Mukomuko Regency Government 4. Land Affairs Division, Mukomuko Regency Government 5. P2JJ of Bengkulu Province, (Mr. Supriadi) 6. Consultants Developers of LARAP for Ipuh-Bantal Road Segment (Dwi Apriyanti).

Summary of Proceedings of the Meeting : Consultants said a few words as follows: • That this meeting was a follow up from meetings in Bengkulu, December 14, 2010. • There are some roads in Mukomuko Regency which were planned to be enhanced through the West Indonesia National Road Improvement Project (WINRIP) which will be funded by loans from the World Bank, one segment that is expected to be implemented first is a segment of Ipuh- Bantal. In accordance with the agreement between the Government of Indonesia with the World Bank, if there are plan road issues outside the existing Rumija, the government (Department of Public Works) are required to prepare documents on Land Acquisition and Resettlement (LARAP), where the basis for providing compensation and land procurement mechanisms shall refer to the Policy of the World Bank on Land Procurement. • Document LARAP for roads has been prepared and the results as has been conveyed through Tramang Raya Sub-district Head who attended the meeting in Bengkulu, December 14, 2010. Some things to note in this land acquisition process is as follows: a. The amount of compensation for land prices should be based on the real price as the results of assessment by an Independent Land Appraisal Team and should be discussed with the WTP. b. The basis of the calculation of building assets does not take into account the existence of the depreciation of buildings and materials prices that are still used. c. Compensation can be a local government program, which can be applied such as housing programs for the poor which can be used to repair house buildings of the affected residents. d. All of the socialization process must be well documented. e. In addition to the Land Procurement Committee, the Regency Government was also asked to set up an Internal Monitoring Team that will monitor the land acquisition process and accommodate complaints from the WTP. f. The measures undetaken towards the procurement of land need to be approved by the Bupati through a plenary meeting. Through this meeting it is expected to receive some input from local government especially in relation to the amount of compensation issues and possible budgeting. 2. Responses from Mukomuko Regency Government Mukomuko Regency Government in principle was willing to deal with this land acquisition, but the basic objection is that the compensation policies should follow the provisions of the World Bank. They will form working groups to discuss problems and magnitude of this compensation will usually refer to the policy adopted in the procurement of land. Mukomuko Regency Budget for 2011 has been set, and budget changes will be disbursed around September-October. Pemkab Mukomuko asked for the certainty as to the physical implementation of the road, because they are worried if the land and other assets had been released the physical project do not go ahead / long delayed. Pemkab Mukomuko asked for any official explanation from the Department of Public Works / Directorate General of Highways on issues relating to the WINRIP program and that could be held at the Mukomuko Regency (some agencies were unable to attend at the time of the event in Bengkulu). 3. Conclusion and Follow-up Steps A more intensive discussion process is needed relating to the compensation amount issues between the Directorate General of Bina Marga (Highways) and Bengkulu Regency Government, so as to reach a deal that better suits the World Bank policy and that does not weigh down Mukomuko Regency Government. Given the fact that there are 2 road segments in Bengkulu that are located within Mukomuko Regency areas (of which the cost allocation for the procurement of the land is expected from the Bengkulu Regency Budget, an official explanation concerning the WINRIP program from the Public Works Department at Mukomuko Regency level should be needed. Annex 8. PHOTOS OF LIST OF PAPs ANNOUNCEMENT

SUB-DISTRICT OF IPUH

List of PAPs in the village of List of PAPs in the villages Pulau Payung of Sibak and Medan Jaya

SUB-DISTRICT OF SUNGAI RUMBAI SUB DISTRICT OF PONDOK SUGUH

List of PAPs in the villages of Karya Mulya,Air Bikuk,Podok Suguh,Air Berau,Lubuk Bento

List of PAPs in the villages of List of PAPs in the villages of Pondok Tunggang,Pondok Kandang,Karya Kandang, Air Bikuk,Lubuk Bento Mulya,Air Bikuk SUB DISTRICT OF TRAMANG JAYA

List of PAPs in the villages of Enjung and Bunga Tanjung