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Quarterly LARP Monitoring Report December 2015 - February 2016 Project Number: Loan 2817-INO INO: Regional Roads Development Project (RRDP) Prepared by Directorate General of Highways for the Asian Development Bank

Transcript of Quarterly LARP Monitoring Report - adb.org · (DGH or Ditjen Bina Marga) ... Simple LARP 3 CW-0324...

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Quarterly LARP Monitoring Report December 2015 - February 2016 Project Number: Loan 2817-INO

INO: Regional Roads Development Project (RRDP)

Prepared by Directorate General of Highways for the Asian Development Bank

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TABLE OF CONTENTS

LIST OF TABLE ............................................................................................................. ii

I. INTRODUCTION .......................................................................................................... 3

1.1. Backgrounder .................................................................................................. 3

1.2. Timelines ........................................................................................................ 5

1.3. Land Clearance/Civil Works Schedules ........................................................... 5

1.4. Funds Availability and Sourcing and Limitations to LARP Implementation ...... 6

II. GENERAL PROGRESS IN LARP IMPLEMENTATION .............................................. 8

2.1 New LARP Preparation ................................................................................... 8

2.2 LARP Implementation ..................................................................................... 8

2.2.1 East Java ............................................................................................. 8

2.2.2 Central Java ......................................................................................... 9

2.2.3 North Kalimantan ................................................................................. 9

2.2.4 West Kalimantan .................................................................................. 9

III. OUTSTANDING ISSUES ON RESETTLEMENT, CORRESPONDING PLAN OF

ACTION, AND STATUS ............................................................................................ 3

3.1. Central Java .................................................................................................... 3

3.2. East Java ........................................................................................................ 4

3.3. North Kalimantan ............................................................................................ 4

3.4. West Kalimantan ............................................................................................. 6

IV. OTHER CONCERNS AND NOTATIONS................................................................... 7

5.1. Internal and External Monitoring...................................................................... 7

5.2. Disclosure, Consultation, Participation, and Grievance ................................... 7

5.3. Aruk LARP Preparation ................................................................................... 7

5.4. Gender Mainstreaming .................................................................................... 7

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LIST OF TABLE

Table 1. Summary of Subproject Description by Region and Corresponding ................... 3

Social Safeguard Document ............................................................................................ 3

Table 2. Key Timelines Associated with Social Safeguards Imperatives.......................... 5

Table 3. General Progress in Land Clearance and Civil Works as of 29 February 2016 .. 5

Table 4. LARP Budget and Source of Funds Made Available .......................................... 6

Table 5. Inventory of Assets in Bulungan District, North Kalimantan Province ............... 10

Table 6. Verification / Inventory of WTP and Plantation Assets: Apas - Simanggiris

(Section I) ...................................................................................................................... 11

Table 7. Verification / Inventory of WTP and Company Plantation Assets: Sp. 3 Apas -

Simanggaris (Section II); Simanggaris - Serudong .......................................................... 1

Table 8. LARP Budget and Actual Amount Spent for Sosok-Tayan ................................. 1

Table 9. Remaining Outstanding Issues from the Central Java as of Feb 2016 ............... 3

Table 10. Remaining Outstanding Issues from East Java................................................ 4

Table 11. Remaining Outstanding Issues from North Kalimantan .................................... 5

Table 12. Remaining Outstanding Issues from West Kalimantan .................................... 6

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Core Team Consultant (CTC) Regional Roads Development Project (RRDP) ADB Loan 2817-INO

CTC-RRDP, Monthly Progress Report No.22, January 2016

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I. INTRODUCTION

1. The Regional Roads Development Project (RRDP) is being implemented in four provinces of Indonesia, namely West and North Kalimantan; Central and East Java – envisaged to address important national or strategic road corridors in northern Kalimantan and southern Java to encourage economic growth in these less developed and poorer areas of Indonesia. The rehabilitation, capacity expansion and new construction of roads will improve connectivity and access to services. Specifically, improved road infrastructure in southern Java is necessary for increased economic growth to improve access to markets and to attract investment in that area. Road network development in Kalimantan will ensure that economic development will occur in less developed and remote areas.

2. The Project is a four-year undertaking by the Director General of Highways (DGH or Ditjen Bina Marga) of the Ministry of Public Works and Public Housing (MPWPH) purposely to rehabilitate, improve or newly construct about 476 km of roads and bridges where of the 476 km subproject roads, about 3,860 m will involve rehabilitation or replacement of bridges and 40 km will be construction of new roads in agricultural areas with existing earthen tracks in some sections.

3. Project financing is with the Asian Development Bank (ADB) and the Islamic Development Bank (IDB) as approved 24 November 2011 by the ADB Board. The Government of Indonesia and ADB signed the loan agreement on 07 May 2012. The ADB-financed component covers 399 km of road (3,390 of which are bridges) while the IDB-financed component includes 77 km of road (470 m of which are bridges).

1.1. Backgrounder

4. RRDP is divided into eleven (11) construction packages. Land Acquisition and Resettlement Plans (LARP) were prepared in October 2011 and uploaded on to the ADB website (Table 1).

Table 1. Summary of Subproject Description by Region and Corresponding

Social Safeguard Document

No Package No Project Name Length (km)

District Type of Works Safeguard Document

CENTRAL JAVA

1 CW-0124-RCP01 Tambak Mulyo-Wawar 38.46 Kebumen Widening, resurfacing and new bridge construction

LARP

2 CW-0224-RCP01 Giriwoyo-Duwet (Section-1)

23.75 Wonogiri New road construction, widening and new bridge construction

Simple LARP

3 CW-0324-RCP01 Wawar-Congot 14.3 Purworejo Widening and resurfacing

EAST JAVA

4 CW-0428-RCP01 Jolosutro-Sendang biru 21.3 Malang New road construction including raising grade and new bridge construction

LARP

NORTH KALIMANTAN

8 CW-0834-RCP01 Tanjung Selor-SP. 3 Tanjung Palas

34.82 Bulungan New road construction including raising grade and reconstruction

LARP

SP. 3 Tanjung Palas –

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No Package No Project Name Length (km)

District Type of Works Safeguard Document

SekatakBuji (Section-1)

9 CW-0934-RCP01 SP. 3 Tanjung Palas – SekatakBuji (Section-1)

Bulungan Grade improvement and resurfacing

10 CW-1034-RCP01 SP. 3 Apas - Simaranggis (Section-1)

45 Nunukan New road construction including raising grade and reconstruction

LARP

11 CW-1134-RCP01 SP. 3 Apas - Simaranggis (Section-2)

43.04 Nunukan

Widening and reconstruction Simaranggis-Bts Negara

(Sendong)

WEST KALIMANTAN

5 CW-0530-RCP01 Sosok-Tayan 79.2 Sanggau Reconstruction and resurfacing (direct overlay)

LARP

Tanjung-Batas Kota Sanggau

6 CW-0630-RCP01 Tebas-Sinkawang (Section-1)

55.97 Singkawang & Sambas

Reconstruction, resurfacing, and widening Tebas-Sinkawang

(Section-2)

Bypass Sambas Sambas

Galing-Tanjung Harapan

7 CW-0730-RCP01 Sp. Tanjung-Galing (Section-1)

52.03 Sambas New road construction including raising grade and reconstruction Sp. Tanjung-Galing

(Section-2)

Aruk (Bts. Serawak)-Sp. Tanjung

Note: Packets 2 and 3 have minimal impacts, if at all at time of LARP preparation thus simple LARPs were developed for straightforward implementation and compliance.

5. Per Loan Agreement,

Schedule 5, Para 5: The Borrower shall, and shall cause the Project Executing Agency to ensure that any involuntary resettlement and/or activities impacting ethnic minorities be carried out in accordance with the agreed LARAPs, ADB Safeguard Policy Statement (SPS), and the Borrower’s relevant laws. In case of differences between Borrower’s laws and regulations and the SPS, the SPS shall prevail. In case of such involuntary resettlement, the Borrower shall ensure (a) the Project Executing Agency shall be responsible for internal monitoring of resettlement activities, including engagement of an external monitoring agency 1 month before commencement of the resettlement activities. The internal and external monitoring reports shall be submitted to ADB every quarter and uploaded on DGH's website within 2 weeks of their submission; and such monitoring and reporting activities shall be carried out until resettlement has been completed; and (b) the timely provision of counterpart funds for resettlement in order to satisfy the requirements and objectives of resettlement.

Schedule 5, Para 8: The Borrower shall, and shall cause the Project Executing Agency to ensure that ADB’s SPS requirements are applied and implemented for all Project components regardless of financing source.

6. As such, internal monitoring reports are prepared to determine the extent the LARP documents have been implemented in the field and identify constraints and problems encountered during the implementation process. Specifically, this report intends to cover the following concerns:

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• Compensation and/or other entitlements are provided as per Final LARP, with no discrimination according to gender, vulnerability, or any other factor;

• Livelihood restoration measures are designed and implemented including modifications in the programs and provision of additional cash and in-kind assistance to the participating affected households as and when necessary;

• Public information, public consultation and grievance redress procedures are followed as described in the Final LARP;

• Capacity of APs to restore/re-establish livelihoods and living standards. Special attention given to severely affected and vulnerable households.

• Affected public facilities and infrastructure are restored promptly; and

• The transition between relocation or site clearing and commencement of civil works is smooth and that sites are not handed over for civil works until affected households have been satisfactorily compensated, assisted and relocated.

1.2. Timelines

7. Key timelines (Table 2) are pertinent to note under social safeguards as Project management transitions to more relevant and comprehensive documentation of forthcoming monitoring periods.

Table 2. Key Timelines Associated with Social Safeguards Imperatives

Year Activity / Milestone

2010 Detailed design of all eleven (11) subprojects completed by DGH in December 2010.

Feasibility

2011 5 LARPs prepared

Loan approval by ADB Board on 24 November 2011

2012 The Government of Indonesia and ADB signed the loan agreement on 07 May 2012.

DGH updated the detailed design completed by Directorate of Technical Affairs (or Bintek, DGH) in May 2012.

2013 External monitoring conducted for all LARPs

2014 The Core Team Consultant (Renardet) was mobilized on March 2014

2 Monitoring reports produced

2015 1 Monitoring report produced; this being the second

Request for contract addendum in West Kalimantan requiring new LARPs.

1.3. Land Clearance/Civil Works Schedules

8. Table 3 provides an idea of social safeguards activities as monitored viz land clearing/civil works being conducted within the Project sites during the monitoring period. It will be noted that 6 (in yellow highlights) out of 11 packages will be completed by 2016. There have been no changes in terms of dates for civil works since the last reported for the previous monitoring period.

Table 3. General Progress in Land Clearance and Civil Works as of 29 February

2016

Section

No. of AHs Eligible for Compensation/

Allowance/ Assistance

Relocating Households

Date for Civil Works

Date of Contract

Commencement of Works

Completion Date

CENTRAL JAVA 1,214 31

CW-01: Tambakmulyo - Wawar

1,214 31 12 Jan 2015 3 Aug 2015 2 Aug 2018

CW-02: Griwoyo -Duwet - 13 Jan 2015 23 Jul 2015 22 Jul 2017

CW-03: Wawar – Congot - 7 Jan 2015 5 Jun 2015 4 Jun 2016

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Section

No. of AHs Eligible for Compensation/

Allowance/ Assistance

Relocating Households

Date for Civil Works

Date of Contract

Commencement of Works

Completion Date

EAST JAVA 54 -

CW-04:Jolosutro – Sendangbiru, East Java

54 -

21 Aug 2013 24 Dec 2013 18 Dec 2014 20 Mar 2015

18 Oct 2013 10 Apr 2016

NORTH KALIMANTAN 91

CW-08: Tanjung Selor – Sp 3

Tanjung Palas Sp 3 Tanjung Palas – Sekatak Buji (Sec-1)

3 3 Nov 2014 12 Dec 2014 11 Dec 2016

CW-09: Sp 3 tanjung Palas - Sekatak Buji (Sec-2)

88 25 Jun 2014 4 Sept 2014 2 Sept 2016

CW-10: Sp Tiga Apas – Simanggaris (Sec-1)

- 11 Apr 2014 10 Jul 2014 25 Dec 2016

CW-11: Sp Tiga Apas – Simanggaris (Sec-2)

Simanggaris – Batas Negara (Serudong)

- 11 Apr 2014 1 Oct 2014 29 Sept 2017

WEST KALIMANTAN 614

CW-05: Sosok – Tayan. Tanjung – Batas Kota Sanggau

369 15 Jan 2015 15 Jun 2015 14 Jun 2018

CW-06:Tebas – Singkawang (Sec -1)

Tebas – Singkawang (Sec-2) Baypass Sambas Galing – Tanjung Harapan

230 14 Nov 2013 28 Aug 2015

17 Dec 2013 15 Dec 2016

CW-07:Sp Tanjung – Galing Aruk (Batas Serawak) – Sp Tanjung

15 26 Nov 2013 20 Oct 2015

4 Dec 2013 4 Jun 2017

GRAND TOTAL 1,973 31

1.4. Funds Availability and Sourcing and Limitations to LARP Implementation

9. Table 4 summarizes availability and source of funds for LARP implementation and the associated cost. LARP budget is drawn from national budget. In both Kalimantan and Java provinces, timely release of funds was a constraint despite assurances from local governments.

10. There are no hindrances though with respect to civil works as these have been ongoing and nearing completion per target (refer to Table 3). This however,is a key concern in the course of complying with the LARP.

Table 4. LARP Budget and Source of Funds Made Available

Package/Location LARP Budget Source of Funding

CW-01: Tambakmulyo - Wawar 60,766,622,418.75 APBD Province and District

CW-02: Griwoyo -Duwet No access APBD District

CW-03: Wawar – Congot No access APBD District

CW-04: Jolosutro – Sendangbiru, East Java 14,442,500,000.00 APBD District

CW-05: Sosok – Tayan. Tanjung – Batas Kota Sanggau

3,067,812,125.00

Estimated LARP budget in 2011 = Rp

APBD Province

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Package/Location LARP Budget Source of Funding

2,055,890,700.00 Actual payments by 2014 = Rp 8,757,281,035.00 For recapitulation by LG Tayan

CW-06: Tebas – Singkawang (Sec -1) Tebas – Singkawang (Sec-2) Baypass Sambas Galing – Tanjung Harapan

4,215,393,653,00

APBD Province

CW-07: Sp Tanjung – Galing Aruk (Batas Serawak) – Sp Tanjung

CW-08: Tanjung Selor – Sp 3 Tanjung Palas Sp 3 Tanjung Palas – Sekatak Buji (Sec-1)

439,648,437.00

APBD Province

CW-09: Sp 3 tanjung Palas - Sekatak Buji (Sec-2)

CW-10: Sp Tiga Apas – Simanggaris (Sec-1)

CW-11: Sp Tiga Apas – Simanggaris (Sec-2) Simanggaris – Batas Negara (Serudong)

11. This report covers the period December 2015 to February 2016. For this monitoring period, two Community Development Specialists and three Social Impact Specialists were on board CTC requiring coordination with the relevant parties on the implementation of the LARAP and the process of payment of compensation or assistance to persons affected by the project.

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II. GENERAL PROGRESS IN LARP IMPLEMENTATION

2.1 New LARP Preparation

12. In October 2015, GOI requested for Contract variations for North and West Kalimantan.

13. About 11 km at the border of Sarawak out of 52 km of the road section CW-07: 30 RCP 03 of West Kalimantan is to be widened to four lanes as instructed by President Jokowi.1 RRDP will finance about 5.6 km of the road and the rest by national budget (APBN). Additional land acquisition cost will likewise be financed by the national budget – funds of which are readily available. In this regard, a new LARP is required to cover the whole stretch.

14. Another consideration in the addendum covers package CW-06 that includes the link of Sambas (Kartiasa) – Tanjung Harapan of about 12.3 km as recommended in the Mid Term Review Mission in 2014 and the Project Review Mission in November 2015. This too requires a new LARP.

15. Aruk. A LARP for whole length project for 30-RCP-03 (CW-07) had been completed on October 2011, but did not cover widening to 4 (four) lanes road pavement for segments STA 40 + 800 to STA 46 + 423 (5.623 KM). Thus on November 10 to 19, 2015, the Safeguard team conducted a field survey that began in STA.40-800 s / d STA. 46 + 423 (5,623 KM). The survey results are in the process of data processing, for the preparation of the LARP. The Draft LARP was submitted for review and discussed with the Safeguard Officer (Resettlement) ADB and PMU at ADB Office Jakarta on 27 January 2016.

16. As of this monitoring period, CTC is still improving on theb Draft version in coordination with the PPK and other West Kalimantan local offices.

17. Tanjung-Harapan: Missing Link. To date, there has been no development of funding proposals related to land acquisition for the Sambas-Tanjung Harapan package.

2.2 LARP Implementation

2.2.1 East Java

18. Land Acquisition (replacement forest land). Up to November 2015, acquisition of forest-land replacement located in Bondowoso District the candidate of replacement land the Malang regency already paid for 26 plots of land of Bondowoso, which is part of the 148.14 Hectares forestry land, and the rest are planned to be paid with APBD in 2016. The LG of Malang committed to prepare replacement land to Bondowoso ,but because of limited APBD budget, the payment will be paid on multi-years installment.

19. Livelihood Restoration. The BPM (Badan Pemberdayaan Masyarakat/ Community Emperwement Office) of Malang District had been conducted training on Bussiness on Produtive Economy at December 2015 for 54 AHs. The training is regarding food processing such as “bakso” (meat ball) and snack food. The training outpus is expected the AHs have capablitiy as entrepreneurship as seller of “bakso” or snack food in order to increase their livehood. Continuous monitoring on income restoration.

1 Indonesia Resident Mission letter to DGH dated 19 October 2015. Ref. 042/L2817/15.

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2.2.2 Central Java

20. Compensation Payment. For Package 24-RCP-02 (CW-02): Giriwoyo – Duwet, there are still 8 people who have not taken their land compensation payment from the District Court office. Land acquisition is legally completed and construction activity can commence. The PPK is currently strategizing on an aproach to engage with the APs.

21. Transition Subsistence and Vulnerability Allowances. Transition allowance for AH s of Package 24-RCP-01 Tambakmulyo-Wawar is addressed by the LG by way of allowing AHs to work on their affected land until road construction commences as agreed during the project socialization.

22. To date, the Bappeda of Kebumen is still trying to encourage other SKPD on community empowerment to include the AHs in their programs. The BPMD (Badan Pemberdayaan Masyarakat dan Desa/Community and Rural Area Empowerment Bureau) is ready to prepare a proposal for community development project around Tambakmulyo-Wawar lane.

23. Livelihood Restoration. Central Java, specifially Kebumen treats empowerment of vulnerable and seriously affected households on a village-wide basis and not as households as identified in the LARP. The SEKDA and related SKPD (Bapermades, Dinas Pertanian) have ongoing community empowerment projects and based on discussions with CTC, they will try to directly target RRDP APs. In particular, the Community Empowerment Office (BPM) already has a menu of livelihood projects but still waiting for the Regency Budget allocation for RRDP affected households.

2.2.3 North Kalimantan

24. On July 2 to 10 July, 2015 CTC to the field, for verification: (i) CW-08 (Tanjung Selor-Simpang 3 Tanjung Palas; CW-09: Simpang3 Tanjung Palas-SekatakBuji (section1) and Simpang3 Tanjung Palas-SekatakBuji (Section.2). Data was processed during this monitoring period and the results are presented in brief in Tables 5-7.

25. Livelihood Restoration. In Bulungan, North Kalimantan, IRP has not been implemented to date. However, there are available livelihood projects supported by the LGs though similar to Central Java, village-wide.

26. The recommendation by the ADB mission for the LG to allocate Corporate Social Responsibility (CSR) programs in 2016 for the AHs along the road alignment have not been followed through and will require CTC facilitation.

2.2.4 West Kalimantan

27. Livelihood Restoration. For West Kalimantan, activities related to IRP was not monitored within this period. LG made commitments but until now there has been no program of Sambas district government and Singkawang - local governments have planned an empowerment program for people whose land is affected by land acquisition. In Sanggau, the LG developed and started to implement the PNPM program in villages affected by RRDP civil works. For Sambas and Singkawang, discussions still have to be made and DGH with CTC still following up on this.

28. Compensation. Payment for compensation is still ongoing particularly in Singkawang and Sambas and presented by local government below.

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Table 5. Inventory of Assets in Bulungan District, North Kalimantan Province

No

Subdistrict/Vilage

Paid Structure Paid Plantation Structure Not yet Paid Plantation Not yet

Paid Total WTP Occupied

No. Value (Rp) No. Value (Rp) No. Value (Rp) No. Value (Rp) Paid

Structure Paid

Plantation

Structure not yet Paid

Plantation not yet Paid

TjSelor – SP3.TJ Palas – SekatakBuji (Section 1)

0 JeloraiSelor 0 0 0 0 0 0 0 0 0 0 0 0

1 TanjungPalas/Pejalin 0 0 161 35,921,000 3 2,636,400 0 0 0 10 2 0

TJ Palas – SekatakBuji (Section 2)

2 Tanjung Palas Utara/Pimping

14 68,864,800 178 9,765,000 0 0 0 0 12 14 0 0

3 Tanjung Palas Utara/Karang Agung

3 124,810,700 172 9,603,500 0 0 0 0 1 9 0 0

4 Tanjung Palas Utara/Panca Agung

11 42,905,500 106 21,014,000 3 2,458,900 56 7,979,000 10 17 3 6

5 Sekatak/Sekatak Benggara

11 231,052,000 3 135,000 2 21,686,450 1 30,000 9 1 2 1

6 Sekatak/Pentian 2 32,593,700 1 893,000 4 9,073,750 0 0 2 1 3 0

7 Sekatak/Bunau 2 6,569,250 0 0 0 0 0 0 2 0 0 0

8 Sekatak/Sekatak Buji 6 86,669,300 0 0 1 547,700 1 210,000 6 0 1 1

9 Sekatak/Maritam 0 0 51 627,800 0 0 0 0 0 1 0 0

TOTAL Number 49 593,465,250 672 77,959,300 13 36,403,200 58 8,219,000 42 53 11 8

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Table 6. Verification / Inventory of WTP and Plantation Assets: Apas - Simanggiris (Section I)

No. Name Company/

WTP STA Village

Asset

Remarks/ Status Of Land Acquisition Land Structure Sawit Plantation

m2 m2 Left Right

1 Mustafa 0+375 Apas, Kec. Sebuku 54 Moved to STA 0+450. No compensation

2 (1) PT. Karang Juang Hijau Lestari

0+000 To 09+000 Apas, Kec. Sebuku dan Semunat Kec. TulinOnsoi

51 25

Land Clearing; Compensation - move plantation

2 (2) PT. Karang Juang Hijau Lestari

09+000 To 15+000 Semunat Kec. Tulin Onsoi

64 1 Half land cleared. Compensation - move plantation

3 (1) PT. Karang Juang Hijau Lestari 3

15+975 To 27+675 Sekikilan, Kec. Tulin Onsoi

316 218

Half land cleared. Compensation - move plantation

5 Basayul 21+275 To 21+375 Sekikilan, Kec. Tulin Onsoi

28 8

Moved house and plantation will be by Agustus 2015;

Compensation - perataan lahan untuk rumah seluas 600 m2 pada STA 21+250

6 Kamal 27+850 To 28+025 Tinampak I 15

Conducted socialisation, but not yet agree on compensation value

7 Sadat 28+000 To 28+100 Tinampak I 1

8 Milwan 28+025 To 28+175 Tinampak I 15

9 Yohanes 28+175 To 28+300 Tinampak I 8

10 Dinas 28+175 To 28+350 Tinampak I 20

3 (2) PT. Tirta Madu Plasma

29+850 To 32+450 Tinampak I

101 Land Clearing; Compensation - move plantation

11 Iding 32+850 To 33+000 Tinampak I 21 Conducted socialisation, but not yet agree on compensation value

12 Janudin 33+100 To 33+380 Tinampak I 35

13 NN 33+200 To 33+400 Tinampak I 15

4 PT. Tirta Madu Sawit Jaya 2

35+150 To 39+175 Tinampak I

76 110 Conducted socialisation, but not yet agree on compensation value and moving the plantation.

14 Paulus 40+550 To 40+750 Salang, RT-03 8

Not yet Socialisation. 15 H. Lodeh 41+600 To 41+680 Salang, RT-03 13

16 Pabo 42+000 To 42+200 Salang, RT-03 11

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No. Name Company/

WTP STA Village

Asset

Remarks/ Status Of Land Acquisition Land Structure Sawit Plantation

m2 m2 Left Right

17 Basir 42+200 To 42+400 Salang, RT-03 3

18 Pudding 42+530 To 42+650 Salang, RT-03 3

19 Sibuk 42+750 To 42+800 Salang, RT-03 5

20 Manuil 42+800 To 42+825 Salang, RT-03 3

21 Kasmawati 42+850 To 42+900 Salang, RT-03 2

22 Masunu 43+350 To 43+400 Salang, RT-03 11

23 Tahanan 43+600 To 43+650 Salang, RT-03 9

24 Matius 43+650 To 43+800 Salang, RT-03 4

25 Wandih 43+750 To 43+950 Salang, RT-03 7

26 Salamat 43+800 To 43+825 Salang, RT-03 5

27 Sahrudin 44+450 To 44+650 Salang, RT-03 6

28 AndiApak 44+750 To 44+950 Salang, RT-03 4

29 AndiZubair 44+750 To 44+950 Salang, RT-03 6

TOTAL

82 644 556

1,200

Catatan: 1. Coridor of Impact (CoI) yang diperhitungkan untuk pendataan ini berdasarkan ROW Desain, kecuali STA 40+550 - STA 45+150 selebar 20 meter 2. Jarak dari saluran sebelah kiri luar sampai dengan saluran sebelah kanan luar jalan eksisting terukur rata-rata 16 meter 3. Patok Rumija hanya terdapat didepan Pospam Terpadu Perbatasan Indonesia-Malaysia, jarak antar patok 14 meter

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Table 7. Verification / Inventory of WTP and Company Plantation Assets: Sp. 3 Apas -

Simanggaris (Section II); Simanggaris - Serudong

No. Nama Company/ WTP STA Village Name

Asset Have Occupated

Remarks/Status of Land Acquisition Land Bldg

Nomber of Sawit

Plantation

m2 m2 Left Right

1 DaengTayang 0+000 0+500 Tabur Lestari - Not occupy project

2 Andi Amir 2+000 2+025 Tabur Lestari - Not occupy project

3 Yunus 3+100 3+150 Tabur Lestari - Not occupy project

4 Ngatijan 3+100 3+150 Tabur Lestari 3

5 Simonpiak Hj. Mina 3+650 3+800 Tabur Lestari 2 Not occupy project

6 Rahim Ibrahim 3+950 4+125 Tabur Lestari 5 Compensation - access road to plantation ± 200 m

7 Hj. Mina 4+050 4+215 Tabur Lestari 6 Compensation - Repair road

8 Lusan 4+425 4+750 Tabur Lestari 15 Have Land Clearing

9 H. Pataruddin 4+850 4+900 Semaja 3

10 Samsuddin 5+050 5+250 Semaja 10 Compensation - access road to plantation ± 500 m

11 Bokir Saenudin 5+600 6+175 Semaja 8 If house/pondok within project, they won’t help make “tapak rumah”.

12 H. Nurdin 6+250 6+325 Semaja 2

13 Made 7+675 7+725 Semaja 3

14 Ruslan 9+800 9+875 Semaja 12

15 Ruslan 10+025 10+100 Semaja 6

16 H. Gatak 10+025 10+100 Semaja 6

17 H. Gatak 10+700 10+875 Semaja 25

18 Hj. Mina 10+900 11+075 Semaja 18 Compensation - Repair road

19 PT. Bumi Simanggaris Indah (BSI)

12+525 12+750 Semaja 17

JUMLAH - - 50 91

141

29. Sosok-Tayan. Payment for compensation based on the estimated LARP-ADB in 2011 have been realized by the Public Works Agency through the Province of West Kalimantan Provincial funds amounting to Rp 8,757,281,035 through 2011 to 2014. The 2011 LARP estimated resettlement costs to total Rp 2,055,890,700. As this has been completed, Sosok - Tayan is currently preparing a recapitulation, noting they spent much more than the expected cost (Table 8).

Table 8. LARP Budget and Actual Amount Spent for Sosok-Tayan

Description LARP 2011 (Rp) Budget Realization (Rp)

Fiscal Year 2012 2.055.890.700

5.099.493.204

Fiscal Year 2013 3.446.395.831

Fiscal Year 2014 211.392.000

TOTAL 2.055.890.700 8.757.281.035

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30. Singkawang City. Singkawang government has set aside funds for the purpose of land acquisition, identified PAPs (Project Affected Persons). It was planned to complete payment of compensation to the PAPs in December 2015.

31. Results of Coordination with Mr. Zukarnaein, Public Works Department Singkawang reveal that the original land acquisition affected by road widening, originally numbered (15) houses is reduced to four (4) homes, because of the change in design. Results confirm the PPK package 30-RCP 02 (CW-06) Section 1 Tebas-Singkawang, that the payment to PAPs previously to be paid in March 2015 is not yet completed. Up to end of January 2016 compensation for 4 APs have yet to be paid.

32. Sambas District. According LARP documents there are still programs that are to be completed on Tebas-Singkawang (Section-2) and Galing-Tanjung Harapan link as part of Package 30-RCP 02 (CW-06), and Aruk-Sp. Tanjung link as part of Package 30-RCP 03 (CW-07). Compensation value or the assets value of Project Affected Persons (PAPs) is determined by the Regent's Decision based on the assessment of Data Collection and Negotiation Team for Awarding Compensation of Provincial and National Roads Improvement.

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III. OUTSTANDING ISSUES ON RESETTLEMENT, CORRESPONDING PLAN OF ACTION, AND STATUS

33. This section incorporates identified issues from the LARP, previous monitoring reports, and the November 2015 ADB Mission concerns on social safguards, proposed plans of action and current status for the current monitoring period.

3.1. Central Java

34. As previously stated in past monitoring reports, the unit costs for structures, trees, and crops are calculated based on the Kebumen Bupati Decree No. 37 of 2012 setting the unit costs for structures, and Decree No. 7 of 2012 setting the unit costs of crops and tree. The unit costs for structures are based on prevailing market rates of construction materials and labour. The LAC had deducted depreciation of age of structure when it calculated for compensation - not consistent with the project LARF that requires payment of compensation for acquired assets at full replacement cost.

35. There is ongoing discussions and consultation with Central Java local governments together with the EA and CTC to determine best fit formula to address the issue on depreciation cost.

36. Outstanding issues from Central Java subprojects for this monitoring period are summarized in Table 9 with corresponding proposed follow up actions from the LARP and ADB mission and current status.

Table 9. Remaining Outstanding Issues from the Central Java as of Feb 2016

OUTSTANDING ISSUE FOLLOW UP ACTIONS STATUS/COMMENT

Compensation for land loss. For Package 24-RCP-02 (CW-02): In Giriwoyo – Duwet, there are still 7 APs from 8 APs of people who have not taken their land compensation payment from District Court office, otherwise the fund is already prepared.

CTC to assist the Physics PPK to collaborate with other SKPD to persuade the 7 APs to agree with the compensation scheme

AP still has not secured payment

Empowerment of vulnerable groups and seriously affected.

The SEKDA and related SKPD (Bapermades, Dinas Pertanian) already implement some community empowerment projet and will try to target rest of fund allocation to people affected by RRDP project

CTC held discussions with LG specifically the Community Empowerment Office (B PM) who already has a list for Action Plan and Project but still waiting for Regency Budget allocation

Allowance for vulnerable groups, transition allowance, and deduction of depreciation compensation: The Public Works office of Kebumen (Dinas PU Kab. Kebumen), on behalf of Kebumen Regency, said that they can not pay the (1) transition allowance and vulnerable group, (2) Income restoration, and (3) Deduction of depreciation

CTC to explore acceptable formula for LG, EA, and AHs.

CTC held discussions with LG on the following:

• LG program on Community empowerment as substitution for the 3 issues

• The Sekda and Bapermades said that there many program on community empowerment project

• People interviewed said that

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OUTSTANDING ISSUE FOLLOW UP ACTIONS STATUS/COMMENT

there are Dinas Pertanian aid for people/ farmer in all villages, such as seeds for Papaya and chili, Water pump machine, Viar for transporting agricultural products

Payment of transition allowance for the relocation AHs and stall owners affected (could take the form of cash or in kind).

CTC to determine: If the value of harvesting and selling the plantation/ trees received by AHs more than value of transition allowance, no other program for transitional allowance considered

CTC consulted with LG but no agreed formula yet.

3.2. East Java

37. Per ADB Aide Mem, “there is no substantial safeguard issue under this subproject. However, DGH needs to closely monitor the implementation progress of livelihood restoration program for affected persons and the process of obtaining land for the acquired forestry land replacement being done by the local government.” Table 10 provides the key issues, corresponding response/action plan to address the issue, and status at during this monitoring period.

Table 10. Remaining Outstanding Issues from East Java

OUTSTANDING ISSUE FOLLOW UP ACTIONS STATUS/COMMENT

Forestry dispensation and land use permit of 148.14 Ha.

The rest of forest area to be paid is 26.73 ha. The Land Office of Malang Regency has available funds by 2016, but due to agreement among regency in East Java (including Malang and Bondowoso), the rest of forest compensation will be change to support Watershed reforestation based on PP105

Payment process for forest area exchange from Malang district to Bondowoso district forest area, for 148 ha, will be finished in 2016; 26 plots of 202,755 m2 already paid

Payment of forest land to replace land owned by PT. Perhutani at Malang District to Bondowoso District; Delayed payment partly due to limited budget APBD Malang District

Remaining plot will be paid partly by Malang District and by APBD Malang District. Based on PP 105 and President’s Policies on increasing food/rice production some regencys (including Malang and Bondowoso) agreed to change this forest compensation to support Watershed Re-forestation program to raise land capacity of saving water.

Already paid partly for 26-plot area of about 20.28 Ha or 14% of all plots.

Reforestation - With replacement land, Malang LG will conduct reforestation on replacement land.

DGH will keep monitoring the reforestation program

Government replaced affected forestland with equivalent land.

3.3. North Kalimantan

38. Remaining resettlement activities for the project have been officially turned over by the local government to the PPK in December 2015. The only documentation for this

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monitoring period is the verified data from Bulungan and Nunukan, North Kalimantan (conducted in July 2015) that were processed in December: minutes of meetings have been prepared (see Appendices 1 and 2). Table 11 summarizes key issues, follow up actions proposed, and status to date.

Table 11. Remaining Outstanding Issues from North Kalimantan

OUTSTANDING ISSUE FOLLOW UP ACTIONS STATUS/COMMENT

Bulungan

Compensation payment for lost land; Further, compensation for lost lands acquired for the project located are in the existing ROW, forest areas, and state land used by peoples for farming without legal evidence..

Compensation at replacement based on current market value which is derived from recent land sales in the area. Affected households will be exempt from paying transaction costs (administration cost and taxes). Compensation may be in cash or in kind.

Validation done, see Appendix 1

Assistance to vulnerable groups. APs that require relocation/fixed of shops/ structures should be provided easier access to materials and provision of labour, as needed. Assistance may be in cash or in kind.

Not yet discussed with LG of Bulungan

Nunukan

There are 1,200 oil palms owned by 5 plantation companies and 26 households that are located in the ROW needs to be cleared. The compensation for affected trees and buildings is ongoing. The Mission was reported that about 130 oil palm trees along STA 27-33 requested very high rate (IDR 5.0 million per tree).

If the agreement cannot be reached, the road alignment will be slightly relocated to optimize the cost.

The agreement is not achieved. The project decided on road realignment. No palm oil trees of HHs are affected now except for palm oil owned by company. Currently affected palm oil owned by company have been moved to agreed location.

The Mission reminded that any losses (affected land, buildings, and trees/crops) should be compensated at replacement cost either in cash or in kind agreed by the affected HHs prior to the land clearing commencement.

The DGH was committed to settle the outstanding compensation payment by end of 2015.

No update

However, there are 440 palm oil trees owned by 34 AHs and plantation companies are to be affected.

The contractor will help the Affected Persons (APs) to build the access to the APs plantation and “Tapak Rumah” as the replacement of the cash compensation.

Contractor has provided the access to the APs plantation and “Tapak Rumah

The Mission requested DGH to submit a report to ADB demonstrating that the assistance provided by the contractor for – in the form of

No update

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OUTSTANDING ISSUE FOLLOW UP ACTIONS STATUS/COMMENT

access ways to the plantation and houses has been equivalence with the compensation rate.

3.4. West Kalimantan

39. Resettlement impacts have been verified for Package 6 - the Tebas-Singkawang (Section 1) of West Kalimantan Province and incorporated in the September – November 2015 monitoring report. Table 12 provides the summary outstanding issues, follow up actions and status for this monitoring period.

Table 12. Remaining Outstanding Issues from West Kalimantan

OUTSTANDING ISSUE FOLLOW UP ACTIONS STATUS/COMMENT

Compensation of affected land, structures, crops

At Sambas District was completed except for APs at segmen STA 40+800+46+423, need new LARP due expanded no of lines from 2 lines become 4 lines

Currently a new LARP is under process. Still ongoing compensation activities.

Income restoration. LG made commitments but until now there has been no program of Sambas district government and Singkawang. However, the local government has planned an empowerment program for people whose land is affected by land acquisition.

For Sambas and Singkawang, discussions still have to be made; DGH with CTC need to follow up on this

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IV. OTHER CONCERNS AND NOTATIONS

5.1. Internal and External Monitoring

40. Internal monitoring has to be regularly conducted in project sites. Though nearing project ends, a system has to be put in place for periodic monitoring for the remaining months and CTC has to take lead for DGH.

41. External monitoring on the other hand will have to commence soonest as only one has been conducted to date, when it should be a semi-annual undertaking.

5.2. Disclosure, Consultation, Participation, and Grievance

42. As of this monitoring period, there were minimal if at all, Project disclosure, consultation and participation. It is imperative that once verification is completed, the Project Information Booklets developed at IOL stage will be updated and circulated.

43. With respect to grievance, no written complaint has been lodged with the Project implementers to assess the efficacy of the project grievance redress mechanism.

5.3. Aruk LARP Preparation

44. The Draft LARP for Aruk was submitted in December 2015 after the conduct of an inventory of loss in November 2015. By January 2016, ADB comments stressed the need to significantly improve the document. Ongoing CTC activities are therefore focused on addressing ADB comments.

5.4. Gender Mainstreaming

45. Another program in the LARP is related to Gender Mainstreaming. The implementation status of this program as of January 2016 is not smooth. Almost for all packages the current status is still at guideline preparation.

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APPENDIX 1: DOCUMENTATION OF THE VERIFICATION PROCESS AND RESULTS IN BULUNGAN, NORTH KALIMANTAN

SITE VISIT REPORT TO BULUNGAN DISTRICT NORTH KALIMANTAN

Regional Roads Development Project (RRDP) ADB Loan No: 2817 – INO

Day, Date Result of Verification

1. Thursday, 02 July 2015

• Flight Jakarta – Balikpapan – Berau

Land traveling Tanjung Redeb (Kab. Berau) – Tanjung Selor (Kab. Bulungan)

2. Friday, 03 July 2015

• Coordination with Bpk. Andi Fauziana, ST. ( Staff PPK Satuan Kerja Pengembangan Jalan Nasional Wilayah 3 Provinsi Kalimantan Utara ).

• Bpk. Andi Fauziana, ST informed there are 40 AH’s that have not yet received the compensation from LG Bulungan. G have plan the remaining AH’s will paid after “lebaran” 2015. Also informed that some of Right Of Way (ROW) has missing.

• Carried out site orientation to look the trace of road with Bapak Andy Fauzana ST at segment Tanjung Selor – Simpang Tiga Tanjung Palas and Simpang Tiga Tanjung Palas Section 1 (34,82 KM). The Contractor is PT. Waskita Karya and the Consultan Supervision is PT. CECI Engineering & Consultant.

3. Saturday, 04 July 2015

• Carried out detailed site orientation at segment Tanjung Selor – Simpang Tiga Tanjung Palas and Simpang Tiga Tanjung Palas Section 1 for 34,82 KM length.

• There is land sliede at KM 16+075 for ± 40 m length left and right side and potentially the road from Malinau to Tanjung Selor cannot accessed if do not soon treated.

4. Sunday, 05 July 2015

Carried out site orientation up to Panca Agung Village, meet and coordination with Head of Villages to inform purpose of site / survey and request the Head of Villages or his staff can accoanied with this site/survey, because his know who his people affected by project (buildings or trees).

5. Monday, 06 July 2015

• Coordination with BPN Kabupaten Bulungan. BPN staff from Certification Division informed that they didn’t have ROW data but they inform for issuing the Certificate, they refer to SK Bupati Bulungan No. 04 tahun 2013. BPN staff suggest CTC meet with Bagian Tata Pemerintah Kabupaten Bulungan. To obtain the ROW data. Unfortunately the in charge person for land acquisition is not in place.

• Coordination with Dinas Kehutanan Kabupaten Bulungan which is represented by Kepala Bidang Perencanaan Evaluasi Pengolahan Hutan (PEPH) Ibu Mastiah to discuss accordance to the package project Tanjung Selor – Simpang Tiga Tanjung Palas and Simpang Tiga Tanjung Palas – Sekatak Buji within production forest area respectly Pimping and Sekatak Benggara Village, the Dinas Kehutanan has give Forestry Map to CTC Team where is the map shown the boundry and position of the package project Tanjung Selor – Simpang Tiga Tanjung Palas and Simpang Tiga Tanjung Palas – Sekatak Buji.

• Coordination with Bagian Tata Pemerintahan (TAPEM) Kabupaten Bulungan to seek information related progress was achieved for compensation payment for AH’spackage project Tanjung Selor – Simpang Tiga Tanjung Palas and Simpang Tiga Tanjung Palas – Sekatak Buji. TAPEM informed there are 40 AH’s have not yet received the compensation either for building or trees. The remaining

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Day, Date Result of Verification

compensation for AH’s will be paid in this fiscal year 2015.

• Coordination with BAPPEDA Bidang Prasarana Fisik Kabupaten Bulungan to seek information the programs in BAPPEDA (SKPD-SKPD) related income restoration where is this program can be considered as subsititute for compensation for land of AHs . Unfortunately the person in charge is not in place.

6. Tuesday, 07 July 2015

• Carried out verification of Ahs for Jelarai Selor Village with Bapak Bangsurang as Ketua RW 01. His inform that almost all affected land before is as access road to Transmigraton location. The width of access road is 30 M. Currently this land owned by Bapak Bangsurang (he is as former Kepala Desa Jelorai Selor). But all the land is still in one Certificate. BPN is not yet splitting the Certificate. Proposed for splitting has been submitted since 2011. Currently Bapak Bansurang was rent his land to people respectly: – Ibu Anis Sekariana (SAT 0+010). She built Warung – Bapak Anton Behulun (STA 0+050), He built Warung – Ibu Rosdiana (STA 0+115), She built Beauty Salon

Bapak Bangsurang did not considering to claim for compensation for his affected land because his already got compensation on 2006-2008 but he just want BPN can issued the certificate for his land.

• Carried out verification to Ahs for Pejalin Village. Sekretaris Desa, Bapak Imam informed that all his people affected by project was received compensation on 2014.

7. Wednesday, 08 July 2015

• Carried verification to Ahs at Pimping Village accompanied with Bapak Noval and Village Secretary. CTC also carried out the boundary of Village. There are 57 Ahs. 18 Ahs has been received the compensation (strutures and trees) and the remaining AHs will be paid after Lebaran. At the time verification known that occurred annualy flooding at Pimping Village where is the height of flooding up to 90 cm. Under review design, this situation has been accommodate through raising to 1 m. Both side of road will protect with retaining wall, cross drain provide also as balancer of puddle to flow the water on both side.

• There is information regarding payment of compensation. AH name Bembamba. Received payment for compensation less than from AH name Chandra. Chandra just have a Warung (1 floor) but he received compensation Rp.21,000,000 compare to Bembamba have home living received compensation Rp. 10,000,000 where is the house have 2 floor and the affected structure area more than Chandra.

• Carried out verification to Karang Agung Village. This village is Transmigration area. The Kepala Desa is Bapak Yasmin. Total AHs are 20 WTP.

• Carrie out verification to Panca Agung Village. This village is transmigration area also. The Kepala Desa is Bapak Suparjan. Verification accompanied by Bapak Parjono ( Staff Desa Panca Agung ). Verification held to 25 AHs. 12 Ahs has been received compensation.

8. Thursday, 09 July 2015

• Carried out verification to Sekatak Benggara Village and Pentian Village. Verification accompanied by Bapak Yuntun. There are 6 AHs in Pentian Village. 4 AHs has been received compensation.

• Carried out verification to Sekatak Buji Village, accompanied by Bapak Muhammad Nuh. There are 8 AHs and 6 AHs has been received compensation.

9. Friday, 10 July 2015

• Flight Malinau – Tarakan

• Flight Tarakan – Jakarta

Conclusion:

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1. Tanjung Selor – Simpang 3 Tanjung Palas, 13 km length:

• Before this road as access road to the transmigration area an d now as connecting road from Tanjung Selor to Malinau.

• Existing of ROW is 30 m at Jelerai Selor, currently the land owned by Bangsurang. The new ROW is 14 M.

• The legal ownership for land owned by Bapak Bangsurang not yet receieved because all the land still in one certificate. BPN is not yet splitted the certificate.

• Payment for compensation has been paid on tahun 2006 – 2008.

• Currently road is bad condition and no treatment has been done.

• All AHs give positive respond to the construction of the road and expected the project can soon completely.

2. Simpang 3 Tanjung Palas – Sekatak Buji (Section 1), 22 km length

• Mostly still found on the site ROW post provide by RRDP project and KM post.

• Mostly affected structure (fence, acces road, terrace, etc) within the ROW.

• The new ROW is 14 M.

• There is sliding at KM 16+075 left and right side for ± 40 m length need soon treatment because potentially to isolate connecting from Malinau – Tanjung Selor or vice versa.

• Cost for payment compensation either structure or trees is refered to SK Bupati Bulungan No. 105/K-II/100/2014 related “ Tentang pembentukan panitia pengadaan tanah bagi pelaksanaan pembangunan untuk kepentingan umum di Kabupaten Bulungan tahun 2014”.

• Half of payments for AHs either structure and tress has been paid and remaining payment will paid in fiscal year 2015..

• All AHs give positive respond to the construction of the road and expected the project can soon completely.

3. Simpang 3 Tanjung Palas – Sekatak Buji (Section 2), 65,1 km length:

• Width of pavement is 6 m

• Width of ROW is varies between 14 - 20 m need more space for ROW because almost the road within in the hill condition and according to the design drawing much the existing road need to excavated for correction geometric to meet the minimum allowed for grade.

• Mostly the road through the forest areas rather than the residential areas.

• Half of compensation payment for affected structures an trees has been paid on 2014. The remaining payment will be paid in fiscal year 2015.Kompensasi terhadap bangunan dan tanam tumbuh WTP sebagian sudah dibayarkan pada tahun 2014 dan sisanya akan dibayarkan tahun 2015

• All AHs give positive respond to the construction of the road and expected the project can soon completely.

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Photo Documentation

Site Visit on 02 – 10 Juli 2015 Regional Roads Development Project

ADB Loan No. 2817 - INO

Foto -1.

CTC Team coordination with Staff of Satker, Bapak Andi Fauziana, ST.

Foto -2. CTC Team Coordination with Tata

Pemerintahan Kabupaten Bulungan Provinsi Kalimantan Utara

Foto -3.

CTC Team coordination with Kepala Bidang Perencanaan Evaluasi Pengolahan Hutan,

Dinas Kehutanan Kabupaten Bulungan, , Ibu Mastiah

Foto -4. CTC Team coordination with PT. Waskita

Karya

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Foto -5. CTC Team coordination with Headof Pimping

Villgae, Tanjung Palas Utara Sub District, Bapak Alam Dilung

Foto -6. CTC Team coordination with Head of Panca

Agung Villgae, Tanjung Palas Utara Sub District, Bapak Suparjan

Foto -7. CTC Team coordination with Secretary of Pejalin Village, Sub Distric Tanjung Palas,

Bapak Imam

Foto -8. CTC Team coordination with PT. Brantas

Abipraya

Survai Lapangan di Section -1 :

Foto -1

KM Post at segment Tanjung Selor - Malianu Foto -2

BM ADB Project at SegmentTanjung Selor – Malinau

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Foto - 3

Land slide occurred at STA 16+075 for ± 40 m length L/R side of road. Need ASP further

action

Foto – 4 Excavation for cutting of hill at STA 26+250

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Hasil Survai Lapangan di Section -2 :

Foto -1

Border Post for Karang Agung Village, Tanjung Palas Utara Sub District

Foto -2 Condition of road for segment Simpang 3 Tanjung Palas – Sekatak Buji (Section-2)

Mostly hilly and forest

Foto -3

Indigenous house at Sekatak Buji Village, Kecamatan Sekatak Sub District

Foto – 4 Inproductive agricurtul land left by Nomaden

People.

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APPENDIX 2: DOCUMENTATION OF THE VERIFICATION PROCESS AND RESULTS IN NUNUKAN, NORTH KALIMANTAN

SITE VISIT REPORT Regional Roads Development Project (RRDP)

ADB Loan No: 2817 – INO NUNUKAN DISTRICT, NORTH KALIMANTAN

Date Activities Result

10. Thursday, 2 July 2015

- Traveling to City of Nunukan, District North Kalimantan Province.

- Coordination with Bapak Sutrisno Staff PPK-19.

- Arrived at Nunukan at 14.00 - As agreed Plan, coordination with Bappeda

and Badan Pertanahan Nasional (BPN) Nunukan District will be carried ot on 3 July 2015 and verification of LARP datas will be carried in PPK Office at Simanggaris.

11. Friday, 3 July 2015

- Coordination with Bappeda of Nunukan District accompanied by Bapak Sutrisno (Staff PPK) CTC

- PPK was sent the letter to LG of Nunukan regarding the land acquisition problems in ADB package project Simpang 3 Apas – Simanggaris Section 1, Simpang 3 Apas – Simanggaris Section 2 dan Simanggaris – Serudong (Batas Negara). CTC Team ask the follow up from LG. Bappeda of Nunukan represented by Bapak Salahudin explained that the letter will be follow up by Bappedda.

- Coordination with Badan Pertanahan Nasional (BPN) of Nunukan District accompanied by Bapak Sutrisno (Staff PPK) CTC

- Bapak Latief Riyadi as Head of BPN of Nunukan District explained that BPN have never been involved land acquisition in ADB package project. Also currently the P2T Team is not yet established. But, the BPN will be assist the data necessary.

- Bapak Anwar Said as with Head of Sub District Simanggaris explained tha the socialization to peoples of Simanggaris Villages has done and agreed that none compensation for land due to the land owned by Government, Also agreed by the peoples that none cash compentation for crop. The agreement achieved for crop in the form provide the access road to the plant of AH, levelling the yard of AH / provide the “Tapak Rumah” and the affected crop will move to agreed location.

- Traveling to Simanggaris, poroject location Simanggaris – Serudong (Batas Negara).

- Coordination with Contractor Halla Corporation, DSC-1 Field Team and PPK staff.

- Agreed the planed that the field survey will be carry out on 4 July 2015 accompanied by representative from Contractor, DSC-1, PPK staff and the Village staff.

- All activities for land acquisition has done. Almost all AH has receieved the compensastion. Each AH has provided the receipt for the evidence of affected crop that move to agreed location.

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Date Activities Result

12. Saturday and Sunday, 4-5 July 2015

- Field Survey at STA 0+000 – 21+300 Simanggaris – Serudong (Country border)-Section 1

- There is relocation along 3 Km. One (1) temporary cabin affected owned by Bapak Bokir, as agreed the affected cabin will move to safe location of the project

- The AHs admit and realize the land they cultivated is owned by Government. The AHs admit that they never paid the tax.

- There are 89 palm oil trees affected (26 at left side and 63 at right side) owned by 12 AHs and 1 company, namely Perkebunan Bumi Simanggaris Indah (BSI).

13. Sunday – Tuesday, 5 s/d 7 July 2015

- Field Survey at STA 0+000 – 26+900 Simanggaris – Serudong (Batas Negara)-Section 2

- ROW is 18 m. The Ahs was admit and realize that their cultivated is owned by Government. The Ahs admit that they never paid the tax.Currentle the Ahs under process to get the Surat Pernyataan Penguasaan Tanah (SPPT) issued by Sub District.

- There are 295 palm oil trees affected (128 trees at left side and 167 tress at right side). The affected tress owned by 22 Ahs. The compensation has been granted to Ahs in the form provided the levelling of AH yard, provided access road to AH plantations and moving the affected tress to agreed location.

14. Tuesday (afternoon),7 July 2015

- Traveling to Project Simpang Tiga Apas – Simanggaris (Section 1).

- Arrived in Simpang Tiga Apas – Simanggaris (Section 1) at 15.30 WITA.

- Coordination with Contractor PT. PP (Persero) Perdasa, DSC and PPK Staff. Agreed the survey will commenced from STA 0+000 – 45 +000 Tiga Apas - Simanggaris (Section 1).

15. Wednesday-Thursday, 8 - 9 July 2015

- Accompanied PPK Staff, DSC (SE) and Contractor carry out LARP Survey and meausurement of “Tapak” at Simpang Tiga Apas - Simanggaris (Section 1) STA 0+000 – 45 +000

- Result of survey : - At STA 0 + 375, there is one affected house

and bussiness structure (warung) owned by Bapak Mustofa. This affected house and business structure has moved to agreed location (STA 0 + 450) Apas Village, Sebuku Sub District. Currently condition of house is more better compare to previously but Bapak Mustofa informed that the business income is slighty less then previously. His assumption caused the road is under construction.

- On both side of road along as STA 0 + 000 - STA 09 + 000 is plantation land owned by PT. Karang Juang Hijau Lestari within the region of Apas Village, Sebuku District. Currently Contractor activity has been carried out land cearing. The Company do not objection regarding affected land, the AP just

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Date Activities Result

want moving their palm oil affected. There are 76 trees palm oil affected, 51 trees at left side and 25 trees at right side. All palm oil affected has been moved to agreed location around 2.5 km from existing.

- On both side of road along as STA 9 + 000 - STA 15 + 000 is plantation land owned by PT. Karang Juang Hijau Lestari within the region of Semunat Village, Tulin’onsoi District. the AP just want moving their palm oil affected. There are 65 trees palm oil affected, 64 trees at left side and 1 trees at right side. All palm oil affected has been moved to agreed location around 5.5 km from existing.

- On both side of road along as STA 15 + 975 - STA 27 + 675 is plantation land owned by PT. Karang Juang Hijau Lestari 3 within the region of Sekikilan Village, Tulin’onsoi District. The AP just want moving their palm oil affected. There are 534 trees palm oil affected, 316 trees at left side and 218 trees at right side.

- There are 8 trees palm oil affected and a house owned Bapak Basayul at STA 21 + 275 -21 + 375 within Sekikilan Vilage, Sub District Tulin’onsoi. His terrace 1.5 x 3 m affected by project. Based on discussion, he want move his house to side of the current position and he want also the project provide “Tapak Rumah” at his land STA 21+250 where is the ondition in the form a ravine and the subgrade is swampy. The palm oil affected ahs moved to ageed location and the “TapakRumah” has provided, by the project.

- There are 350 trees palm oil affected at STA 27 + 800 - STA 28 + 350, 38 trees at left side and 21 trees at right side at Tinampak Village, Sub District Tulin’onsoi owned by 5 APs (Bapak Kamal, Sadat, Milwan, Yohanes and Dinas). The Aps do not claim compensation for affected land, because they realize the land owned by Government. The Aps do not have legality of land. The Aps just claim for crops affected. Twice socialization was held, unfortunately the agreement has not achieved.

- There are 101 trees palm oil affected at STA 29 + 850 - STA 32 + 450, 38 trees at at Tinampak Village, Sub District Tulin’onsoi owned by PT. Tirta Madu Plasma. The Company do not objection regarding affected land, the AP just want moving their palm oil

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Date Activities Result

affected.

- There are 71 trees palm oil affected at STA 32 + 850 - STA 33 + 400, 36 trees at left side and 35 trees at right side at Tinampak Village, Sub District Tulin’onsoi owned by 3 APs (Bapak Iding, Janudin and unknown). The Aps do not claim compensation for affected land, because they realize the land owned by Government. The Aps do not have legality of land. The Aps just claim for crops affected. Twice socialization was held, unfortunately the agreement has not achieved.

- There are 186 trees palm oil affected at STA 29 + 850 - STA 32 + 450, 38 trees at at Tinampak Village, Sub District Tulin’onsoi owned by PT. Tirta Madu Sawit Jaya 2. The Company do not objection regarding affected land, the AP just want moving their palm oil affected.

- There are 100 trees palm oil affected at STA 40 + 550 - STA 44 + 950, 63 trees at left side and 37 trees at right side at Tinampak Village, Sub District Tulin’onsoi owned by 16 APs (Bapak Paulus, H. Lodeh, Pabo, Basir, Pudding, Sibuk, Manuil, Kasmawati, Masunu, Tahanan, Matius, Wandih, Salamat, Sahrudin, Andi Apak and Andi Zubair). The Aps do not claim compensation for affected land, because they realize the land owned by Government. The Aps do not have legality of land. The Aps just claim for crops affected. No socialization was held,

Conclusion:

1. Simanggaris –Serudong (country border) 21.3 KM (Section 1):

• Only one (1) the existing ROW Post found in this sub project.at border post security.

• Result of survey shown the AHs has occupy the land government with average area approx. 5 – 30 Ha. The AHs do not have the legal evidence for their land ownership. The Ahs admit and realize that their farming and living at Govermnet Land. The Ahs also admit that never pay a taxes. Currently the AHs under process to obtain the legal land use for farming through the Surat Pernyataan Penguasaan Tanah (SPPT) issued by Sub District.

• As agreed, no cash compenstation for affected lstructure, land crops due to the land owned by Government. The compensation is just moving the affected structures and crops to agreed location and provide the “Tapak Rumah” in the form leveling AH land could be cutting the cliff, or fill with embankment.

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• Based on the existing ROW , the width is varies between 14-24 m. Result of survey shown, there are one (1) temporary cabin affected in section 1 owned by bapak Bokir, this cabin has moved to agreed location and 89 palm oil trees affected, owned by 12 Ahs and 1 company Perkebunan Bumi Simanggaris Indah (SBI)

• All affected tres and cabin has moved to agreed location and the Contractor has provide the “Tapak Rumah” in the form leveling AH land could be cutting the cliff, or fill with embankment.

2. Simpang Tiga Apas – Simanggaris (Section 2) 26.9 Km:

• At the time site visit, the construction acivities are not commenced yet, still awaiting the design revision.

• Result of survey shown the AHs has occupy the land government with average area approx. 5 – 20 Ha. The AHs do not have the legal evidence for their land ownership. The Ahs admit and realize that their farming and living at Govermnet Land. The Ahs also admit that never pay a taxes.

• As agreed, no cash compenstation for affected structure, land crops due to the land owned by Government. The compensation is just moving the affected structures and crops to agreed location and provide the “Tapak Rumah” in the form leveling AH land could be cutting the cliff, or fill with embankment.

• Based on result of survey shown there are 295 palm oil tress affected owned by 22 Ahs

• All affected trees has moved to agreed location and the Contractor has provide the “Tapak Rumah” in the form leveling AH land could be cutting the cliff, or fill with embankment.

3. Simpang Tiga Apas – Simanggaris (Section 1) sepanjang 45 Km.

• At the time of CTCTeam survey, almost the land has been cleared and grubbed by the Contractor

• There are 2 affected tructures: – Owned by Bapak Mustofa at STA 0+375. His structure (house and

shop) has been moved to agreed location and the condition of new structure is better than before.

– Owned by Bapak Basayul, his terrace affected by project. Based on requested by Bapak Basayul for compensation, the Contractor has been provided the “Tapak Rumah) in his land at STA 21+275.

• There are 1,199 trees palm oil affected, owned by company and Ahs. As agreed, no cash compenstation for affected structure, land crops due to the land owned by Government. The compensation is just moving the crops to agreed location. Detail of affected trees palm oil as follow:

– 141 trees owned by PT. Karang Juang Hijau Lestari at STA 0+000-15+000. The affected trees hs been move to agreed location.

– 534 trees owned by PT. Karang Juang Hijau Lestari 3 at STA 15+975-27_675. The affected trees hs been move to agreed location.

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– 8 trees owned by Bapak Basayul. The affected trees hs been move to agreed location.

– 59 trees owned by 5 Ahs (Kamal, Sadat, Milwan, Yohanes, Diran) at STA 27+800-28+350. The socialization has been conducted, but unfortunately the agreement is not achieved. Due to this condition, the affected trees is not yet moved.

– 101 treess owned by PT. Tirta Madu Plasma at STA 29+850-32+450. The affected trees hs been move to agreed location.

– 71 trees owned by 3 AHs (Iding, Janudin, unknown) at STA 32+850-33+400, Tinampak 1 Village Tulin’onsoi Sub District. Twice socialization has been conducted, but unfortunately the agreement is not achieved. Due to this condition, the affected trees is not yet moved.

– 186 trees owned by PT.Tirta Madu Sawit Jaya 2 at STA 35+150-39+175. The affected trees hs been move to agreed location.

– 100 trees owned by 16 Ahs (Paulus, H Lodeh, Pabo, Basir, Pudding, Sibuk, Manvil, Kasmawati, Masuru, Tahanan, Matius, Wandih, Salamat, Sahrudin, Andi Apak, Andi ZUbair) at STA 40+550-44+950, Salang Village Tulin’onsoi Sub District. The socialization is not yet held. Due to this condition, the affected trees is not yet moved.

Dokumentation Site Visiton 2 – 10 July 2015

Regional Roads Development Project ADB Loan No. 2817 - INO

1. Coordination Before Carried Out LARP Survey

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Foto -1. Coordination with Bappeda Nunukan District. Met with Bapak Markus Kabid Pengembangan dan Pengelolaan Peningkatan Jalan

Foto -2. Coordination with Badan Pertanahan Nasional (BPN) Nunukan District. Met with Kepala Badan Pertanahan Nasional (BPN), Bapak Latief Riyadi

Foto -3. Coordination with Camat Simanggaris, Bapak Anwar Said

Foto -4. Coordination with Contraktor, DSC-1 nad PPK Staff at Base Camp of PT Halla

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2. Survey LARP Simanggaris – Serudong (Batas Negara)

Foto -5. Team Survey (CTC, Contractor, DSC, PPK Staff) coordination with PT. Halla represented by Mr. Kim

Foto -6. Team Survey (CTC, Contractor, DSC, PPK Staff) carrier out LARP survey at Simanggaris – Serudong (Batas Negara)

Foto -7. CTC Team conducting interview to AH

Foto -8. CTC Team conducting interview to AH

Foto – 9 Construction Implementation at Simanggaris

– Serudong (Batas Negara) by PT. Halla

Foto – 10 The only one ROW Post found in project loction found by CTC Team closed at Border Post. Width of ROW is 14 m

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Foto - 11 Inventory the affected palm oil witnessed by PPK Staff (Bapak Sutrisno) and Contractor (Mr. Kim)

Foto – 12 Border Monument Indonesia – Malaysia

3. Survey LARP Simpang Tiga Apas – Simanggaris (Section 2)

Foto -1

Discuss and coordination with “Ketua RT” of Salang Village

Foto -2 Team Survey conducting interview the AH

Foto – 3

Team Survey conducting interview the AH Foto – 4

Team survey conducting measurement and count the plam oil affected accompanied with “ketua RT”

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Foto – 5

Team Survey conducting interview the AH Foto – 6

Team Survey coordination with the Community Leader

Foto – 7

Team Survey carried out meausurment of land and count the affected trees

Foto – 8 Team Survey carried out meausurment of land of

AH

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4. Survey LARP Simpang Tiga Apas – Simanggaris (Section 1)

Foto - 1

Coordnation with Contractor (PT.PP) and PP Staff at Contracrtor Office

Foto – 2 Briefing from Contractor regarding Safety before

carried out survey.

Foto - 3

Carriedout meausurement the existing o ROW Foto – 4

Team Survey conducting interview the AH

Foto – 5

Team Survey conducting interview the AH Foto – 6

Team Survey conducting interview the AH

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Foto – 7

Team Survey conducting interview the AH (bapak Basayul)

Foto – 8 Team Survey discuss at project location