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Resettlement Plan

Document: RP

Document stage: For approval by the Government of Indonesia and Asian Development Bank

January 2017

Project number: 2817-INO

INO: Regional Roads Development Project (RRDP)

Section: Sambas – Tanjung Harapan Road (Missing Link 12.3 KM), West Kalimantan Volume 1, Main Report

Prepared by the Ministry of Public Works and Housing through the Directorate General of Highways for the Asian Development Bank.

The Resettlement Plan is a document prepared by the Government of Indonesia as a borrower. Policies in this document are formulated after receiving input from various parties associated with land acquisition policy and resettlement in Indonesia and do not reflect the views of the Board of Directors, Management, or staff of Asian Development Bank. This document can be viewed in full on the website of the Asian Development Bank in the "Terms of Use".

In preparing the program, strategy, project funding, or by using the name or reference to a particular territory or geographic area in this document, Asian Development Bank will not make any judgment on the legal or other status of any territory or area.

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Currency Equivalents

(as of June 2016) Currency unit = Rupiah

$1.00 = 13,331.00

Abbreviations

ADB Asian Development Bank AH/AP affected household/person BAPEDA Provincial / District Development Planning Agency BAPPENAS National Development Planning Agency BPN Badan Pertanahan Nasional (National Land Agency) COI corridor of impact CTC Core Team Consultant DGH Directorate General of Highways DMS detailed measurement survey EA executing agency LAIT Land Acquisition Implementation Team MPW Ministry of Public Works PMU project management unit PIC project implementing consultant PJN Pelaksana Jalan Nasional P2JN Perencanaan dan Pengawasan Jalan dan Jembatan RCS replacement cost study ROW right-of-way RP resettlement plan RRDP 2 Second Regional Roads Development Project SES socioeconomic survey SETDA Sekretaris Daerah SPS Safeguard Policy Statement (ABD) TA technical assistance

NOTE

In this report, "IDR" refers to Indonesian Rupiah

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Definitions of Terms

Affected person (AP) / Affected household (AH)

- Refers to any person or persons, household, firm, private or public institution that, on account of changes resulting from the Project, will have its (i) standard of living adversely affected; (ii) right, title or interest in any house, land (e.g., residential, commercial, agricultural, and/or grazing land), water resources or any other fixed assets acquired, possessed, restricted or otherwise adversely affected, in full or in part, permanently or temporarily; and/or (iii) business, occupation, place of work or residence or habitat adversely affected, with or without physical displacement.

In the case of affected household (AH), it includes all members residing under one roof and operating as a single economic unit, who are adversely affected by the project.

Compensation - This is payment given in cash or in kind to affected households or persons (AHs/APs) at replacement cost or at current market value for assets and income sources acquired or adversely affected by the project.

Corridor of impact (COI)

- This is the area that will be cleared of all structures and obstructions. In the Sambas-Tanjung Harapan Road Section, the existing 15 m road right-of-way (ROW) is being cleared of all obstructions.

Cut-off date - The cut-off date for eligibility to Project entitlements coincides with the date when the Land Acquisition and Implementation Team (LAIT) posts in public places (e.g., village office) the results of the detailed measurement survey (DMS).

Detailed Measurement Survey (DMS)

- With the use of the approved detailed engineering drawings, this activity involves the finalization and/or validation of the results of the DMS, impacts and losses, and list of AHs/APs done during the preparation of this resettlement plan (RP).

Entitlement - Refers to a range of measures, such as compensation in cash or in kind, income restoration support, livelihood substitution, etc., which are provided to the APs or AHs depending on the type of their losses to restore their economic and social base.

Income restoration - This involves rehabilitating the sources of income and livelihoods of severely affected and vulnerable APs and AHs to supplement compensation received for acquired assets, in order to achieve, at a minimum, full restoration of living standards and quality of life prior to the project.

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Inventory of Losses (IOL)

- This is the listing of assets as a preliminary record of affected or lost assets during the preparation of this RP where all fixed assets and sources of income and livelihood inside the COI are identified, measured, their owners identified, their exact location pinpointed, and their replacement costs calculated.

Involuntary Resettlement

- It is the displacement of people, not of their own volition but involuntarily, from their homes, assets, sources of income and livelihood in the COI in connection with the Project.

Land acquisition - Refers to the process whereby a person or organization in the Sambas-Tanjung Harapan Road Section is compelled by the government through the National Land Agency and DGH to alienate all or part of the land s/he or it owns or possesses, to the ownership and possession of the government for the Project in return for compensation at replacement cost.

Replacement cost

- Amount in cash or in kind needed to replace an asset in its existing condition, without deduction for transaction costs or depreciation, at prevailing market value, or its nearest equivalent, at the time of compensation payment.

Replacement Cost Study

- This refers to the process involved in determining replacement costs of affected assets based on empirical data gathered for the purpose.

Resettlement

- Refers to various measures provided to APs or AHs to mitigate any and all adverse social impacts of the project, including compensation, relocation (where relevant), and livelihood restoration as needed.

Resettlement Plan - This is a time-bound action plan with budget that spells out the resettlement objectives and strategies, entitlements, activities and responsibilities, resettlement monitoring, and resettlement evaluation.

Severely affected APs/AHs

-

This refers to APs and AHs who will (i) lose 10% or more of their total productive assets, (ii) have to relocate, and/or (iii) lose 10% or more of their total income sources due to the project.

Vulnerable groups - These are distinct groups of APs/AHs who might suffer disproportionately or face the risk of being marginalized due to the project and specifically include: (i) households that are headed by women, (ii) household heads with disabilities, (iii) households falling under the generally accepted indicator for poverty, (iv) elderly households, and (v) landless people.

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Table of Contents

Page

Currency Equivalents ....................................................................................................................................................... ii

Abbreviations ......................................................................................................................................................................... ii

Definitions of Terms ........................................................................................................................................................ iii

Table of Contents ............................................................................................................................................................... v

List of Tables ........................................................................................................................................................................ vi

List of Figures ....................................................................................................................................................................... vi

EXECUTIVE SUMMARY ............................................................................................................................ vii

I. PROJECT DESCRIPTION .................................................................................................................. 1

A. Background ................................................................................................................................................................. 1

B. Description of the Sambas-Tanjung Harapan Road Section ........................................................ 1

C. Civil Works to be Undertaken ........................................................................................................................... 1

D. Measures Adopted to Minimize Resettlement Impacts .................................................................... 6

II. SCOPE OF RESETTLEMENT .......................................................................................................... 7

A. Data Sources on Project Impacts and Replacement Costs .......................................................... 7

B. Cut-Off Date for Eligibility to Project Entitlements ............................................................................... 7

C. Scope of Impacts ..................................................................................................................................................... 7

D. Summary of Impacts ........................................................................................................................................... 10

III. SOCIO-ECONOMIC PROFILE OF AFFECTED HOUSEHOLDS ................................... 11

A. West Kalimantan Province Profile .............................................................................................................. 11

B. Profile of AHs .......................................................................................................................................................... 12

IV. CONSULTATION, PARTICIPATION, AND DISCLOSURE .............................................. 13

A. Pre-DMS Consultation and Participation................................................................................................ 13

B. Post-DMS Consultations .................................................................................................................................. 16

C. Disclosure .................................................................................................................................................................. 17

V. GRIEVANCE REDRESS MECHANISM ....................................................................................... 18

VI. LEGAL AND POLICY FRAMEWORK ..................................................................................... 19

A. Relevant Laws and Regulations in Indonesia ..................................................................................... 19

B. ADB Policies ............................................................................................................................................................ 20

C. Gap Analysis and Project Principles ......................................................................................................... 20

D. Project Resettlement Policy ........................................................................................................................... 22

E. Unanticipated Impacts ....................................................................................................................................... 22

VII. COMPENSATION, ASSISTANCE, AND VALUATION ...................................................... 23

A. Eligibilities .................................................................................................................................................................. 23

B. Entitlements.............................................................................................................................................................. 23

C. Valuation and Replacement Costs............................................................................................................. 24

D. Compensation and Allowances of APs/AHs ........................................................................................ 25

E. Income Restoration ............................................................................................................................................. 26

F. Special Assistance to Vulnerable Sector ............................................................................................... 29

VIII. RP BUDGET ..................................................................................................................................... 31

A. Implementation, Administration and Contingency Costs.............................................................. 31

B. Estimated Costs of Resettlement ............................................................................................................... 31

IX. INSTITUTIONal ARRANGEMENTS ......................................................................................... 32

A. Directorate General of Highways ................................................................................................................ 32

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B. District Government............................................................................................................................................. 32

C. Core Team Consultants (CTC) .................................................................................................................... 32

D. Implementation Schedule of the RP ......................................................................................................... 32

X. MONITORING AND EVALUATION ............................................................................................... 33

A. Internal Monitoring ............................................................................................................................................... 33

B. External Monitoring and Evaluation........................................................................................................... 33

C. Schedule of Monitoring and Reporting .................................................................................................... 33

List of Tables

Table 1. Villages Traversed by Sambas-Tanjung Harapan Road Section ............................................................. 1

Table 2. Impact Matrix ......................................................................................................................................................................... 7

Table 3. Number of AHs by Loss of Main/Secondary Structure ................................................................................... 8

Table 4. Floor Area of Partially Affected Structures ............................................................................................................ 8

Table 5. Floor Area by Type of Partially Affected Structures ......................................................................................... 9

Table 6. Number of Stand-Alone Secondary Structures .................................................................................................. 9

Table 7. Vulnerable AHs ................................................................................................................................................................. 10

Table 8. Summary of Impacts ...................................................................................................................................................... 10

Table 9. Administrative units and demographics of West Kalimantan ................................................................... 11

Table 10. Summary of Consultations Held ........................................................................................................................... 13

Table 11. Highlights of Pre-IOL Consultations with APs/AHs ..................................................................................... 13

Table 12. Post-IOL Consultation with AHs from Sambas and Teluk Keramat .................................................. 14

Table 13. Roles of Key Stakeholders in RP Implementation ...................................................................................... 16

Table 14. Gap Analysis.................................................................................................................................................................... 20

Table 15. Entitlement Matrix ......................................................................................................................................................... 23

Table 16. Rates Applied Using RRDP-II RCS and Actual Structural Condition ................................................ 25

Table 17. Rates Applied on Timber Trees ............................................................................................................................. 25

Table 18. Compensation for Affected Structures ............................................................................................................... 26

Table 19. Expected Types of Training by AHs by Village ............................................................................................. 26

Table 20. Direct Assistance Preferred by AHs by Village ............................................................................................. 27

Table 21. Estimated Subproject Manpower Requirement: Construction Phase ............................................... 28

Table 22. Summary of Estimated Resettlement Costs ................................................................................................... 31

Table 23. Resettlement Schedule .............................................................................................................................................. 32

List of Figures

Figure 1. RRDP Project Location in West Kalimantan....................................................................................................... 2

Figure 2. Location for Section Sambas-Tj.Harapan ............................................................................................................ 3

Figure 3. Beginning and End of Road Section Sambas-Tanjung Harapan ............................................................ 4

Figure 4. Typical Cross-Section of Sambas-Tanjung Harapan..................................................................................... 5

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EXECUTIVE SUMMARY

1. A road section connecting Sambas - Tanjung Harapan in West Kalimantan, which is located between packages CW-06 and CW-07 was approved by ADB under a contract variation of package CW-06 on 15 June 2016, subject to the completion of the resettlement plan (RP) of the Sambas-Tanjung Harapan Road Section. This RP is prepared to ensure that all affected persons (APs) along the road section Sambas – Tanjung Harapan is fully compensated in line with the ADB safeguard policy statement (ADB SPS 2009). The completion of the RP is a precondition for signing of the contract addendum under Package CW-06. The Memorandum of Understanding (MOU) of the project review mission in July 2016, emphasized that the RP is to be completed in August 2016.

2. Scope of Resettlement Impacts. The activities of the RP preparation began in 2013 during the preparation of RRDP II. There will be no relocation and land acquisition; the area has already been acquired. The road will be constructed within the existing right-of way (ROW) of 15 meters. The Detailed Measurement Survey (DMS) was carried out from 2 – 5 August 2016 by the Core Team Consultant (CTC) safeguard team in collaboration with the local government. The Team identified a total of 88 households who will partly lose some of their structures. The total affected structures amount to 170 Units that include 88 units of footbridge owned by 88 affected households (AHs). The DMS also identified a total of 71 Perennial and Timber Trees owned by local government agencies that will be affected. About 83% of AHs will lose 10% or more of their secondary structures. Fifty-two (52) households (59%) are considered vulnerable.

3. Legal and Policy Framework. The legal and policy framework for resettlement (compensation and assistance) for this road upgrading is defined by relevant laws and regulations of the Government of Indonesia related to land acquisition, particularly Law No. 2 of 2012 and its implementing regulations and the ADB SPS 2009. The objectives of the Project resettlement policy are to avoid, if not minimize resettlement impacts, restore livelihoods, and improve the living standards of the vulnerable households.

4. Project Entitlements. Compensation and assistance will be provided in cash and in kind. Compensation will be provided for the affected structures and trees at replacement cost without depreciation. Replacement cost was determined by use of the Replacement Cost Study for RRDP II in 2013, based on market price and factoring in inflation cost for the years 2014-2016. Access bridges to the respective houses of the AHs will be replaced with permanent concrete access bridges to be constructed by the Project. The 71 affected trees owned by the local government of Sambas District will be replaced with a city public garden program. The budget for the tree replacement has been allocated in the Sambas District fiscal year 2016.

5. Ethnicity, Vulnerability and Gender Issues. Based on the socioeconomic survey (SES), most of the affected persons (APs) or AHs are the Melayu ethnic. The estimated provincial poverty threshold in 2016 was IDR 375,459 per person/month or IDR 1,839,750 per household. There are 52 vulnerable households including poor households based on the provincial poverty threshold, elderly, disabled, and female-headed households. Additional measures in the form income restoration program (IRP) will be provided to ensure that these vulnerable AHs are not further disadvantaged and will benefit from the Project. Some training and direct assistance have been proposed by the AHs based on their perceived needs to overcome potentially negative resettlement impacts that impinge on their capacities to restoration incomes.

6. Participation, Disclosure, and Grievance Redress. Meaningful consultations were held with AHs, local governments and the immediate communities in the course of RP preparation. Issues, concerns and suggestions made by AHs were noted and incorporated in the preparation of this RP. A grievance redress mechanism has been crafted as adopted from the Land Acquisition Law of 2012. The RP will be disclosed to the APs/AHs in upon approval by ADB and Project Information Booklets will be disseminated to each AH and local

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government offices, particularly in Sub-district and village offices.

7. Implementation Arrangements. The Directorate General of Highways (DGH) is the Executing Agency (EA) of this Project, while the project implementation unit (PIU) is the Satker (Pelaksanaan Jalan Nasional) under Regional Office (Balai) in West Kalimantan Province. The existing Project Management Unit (PMU)-RRDP will work closely with the PIU and the district Resettlement Implementing Team that will be led by the Dinas PU Cipta Karya of Sambas District.

8. RP Cost and Budget. The estimated cost of resettlement for the Sambas -Tanjung Harapan Road Section is IDR 2,636,373,329.04 or USD 197,762.61. Fund sourcing is largely the responsibility of the local government, though the project will take on reconstruction of access bridges, and DGH for the external monitoring.

9. Monitoring. The PMU which will be assisted by the CTC in the conduct of quarterly internal monitoring. External monitoring will be conducted and semi-annual monitoring reports will be prepared and submitted to ADB. The Monitoring reports will be uploaded on the ADB’s website.

10. Implementation Schedule. RP implementation shall commence upon approval by ADB. It is envisaged that compensation payment for all affected structures and trees will be completed by March 2017. PIU will not issue a notice to commence with land clearing and civil works to the Contractor for the related road section which affect the AH properties until the Regent (Bupati) Sambas confirms in writing that (i) payment of compensation to all APs/AHs has been completed and that livelihood restoration measures are in place in accordance with the RP agreed by the DGH and ADB; (ii) the APs/AHs that already received their compensation have cleared out of the COI; and (iii) the COI is free of encumbrances.

11. Post resettlement implementation evaluation is slated for January 2018 with internal and external monitoring conducted from June 2017 until the end of 2017.

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I. PROJECT DESCRIPTION

A. Background

1. The Government of the Republic of Indonesia (GOI) has applied for a loan from the Asian Development Bank (ADB) and Islamic Development Bank (IDB) for the Regional Roads Development Project (RRDP). The objective of the Project is to improve vehicular access on strategic national roads in the islands of Java and Kalimantan. The Project includes components to rehabilitate 470km roads, which consist of new construction, resurfacing, and widening. In West Kalimantan, three (3) road contract packages are being developed, i.e. CW-05: Sosok-Tayan–Tanjung Sanggau Road Construction (79 km), CW-06: Singkawang-Tebas-Sambas Bypass-Tanjung Harapan-Galing Road Construction (56 km), and CW-07: Galing–Tanjung; Tanjung–Aruk (Border) Road Construction (52 km).

2. Originally, the road section connecting Sambas-Tanjung Harapan in West Kalimantan located between packages CW-06 and CW-07 was not included under the Project as this was intended to be implemented under RRDP II. However, to ensure connectivity of the road sections in West Kalimantan, this section was subsequently proposed to be included under the current RRDP. ADB therefore approved the inclusion of this section under a contract variation of package CW-06 on 15 June 2016. The completion of this Resettlement Plan (RP) is a precondition for signing of the contract addendum under Package CW-06. Under RRDP II, Draft RP was prepared in January 2014. This RP takes off from the 2014 Draft RP to ensure all APs along the road section of Sambas–Tanjung Harapan are fully compensated in line with the ADB SPS 2009.

B. Description of the Sambas-Tanjung Harapan Road Section

3. The Sambas-Tanjung Harapan Road Section length is 12.3 km and it is located in the Sambas District, West Kalimantan Province (Figures 1 and 2). The starting point is located at Tebas-Sambas Bypass Road and follows a northwestern direction and ends at the point where the Simpang 3-Aruk Road Section1 emanates from the Sambas-Tanjung Harapan Road Section (Refer to Figure 3). The end of the road section Project is about 80 km from the Malaysia border.

4. The Project covers the village of Kartiasa in Sambas Sub-district and the villages of Kubangga, Tambatan, and Sepadu in Teluk Keramat Sub-district (Table 1). The topography of the areas traversed by the road section is flat. These villages are rural farming communities with small business entrepreneurs.

Table 1. Villages Traversed by Sambas-Tanjung Harapan Road Section

District Sub-district Villages

Sambas Sambas Kartiasa

Teluk Keramat Kubangga Tambatan Sepadu

C. Civil Works to be Undertaken

5. Improvement of the Sambas-Tanjung Harapan Road Section will be confined within the 15 m of existing right of way (ROW). A 2-way road with a carriageway of 6 m, plus a sealed shoulder of 1.5 m and a 2.0 m ditch on each side of the carriageway will be constructed. Thus, 13 m – 15 m will be required in the improvement of the road section2. The carriageway will be paved with asphalt concrete (See Figures 4 and 5).

1 Simpang 3 Aruk Road Section is included in RRDP.

2 Therefore, the corridor of impact (COI) in the Sambas-Tanjung Harapan road section improvement is basically

the full width of the existing ROW

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Figure 1. RRDP Project Location in West Kalimantan

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Figure 2. Location for Section Sambas-Tj.Harapan

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Figure 3. Beginning and End of Road Section Sambas-Tanjung Harapan

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Figure 4. Typical Cross-Section of Sambas-Tanjung Harapan

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D. Measures Adopted to Minimize Resettlement Impacts

6. The DGH acquired the 15 m ROW in 2008. The APs/AHs who have constructed structures inside the ROW will not be compelled to remove their structures until they receive compensation for their loss. In addition, a lead time of 3 months will be given to the AHs whose main structures are partially affected and 1 month to AHs with secondary structures affected either partially or in its entirety. The lead time will allow APs to reconstruct their respective structures outside the ROW before ROW clearing commences.

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II. SCOPE OF RESETTLEMENT

A. Data Sources on Project Impacts and Replacement Costs

7. The detailed measurement survey (DMS) for all potential AP losses due to the project was conducted from 02 - 04 August 2016 by the Core Team Consultant (CTC) in collaboration with the local government personnel of District Bina Marga (DGH), Sambas District, Bappeda, Satker, and PPK.

8. The 2014 Draft RP also served as main data source as an inventory of losses (IOL) and a census of all APs/AHs and private and public organizations and institutions affected by the loss of assets were conducted on 9 -11 July 2013 by a team of local survey assistants and with the participation of government personnel from villages traversed by the Sambas-Tanjung Harapan Road Section.

9. Survey instruments were updated specific for the DMS and 2016 socioeconomic survey (SES) - Appendix 1 provides a copy of survey instrument. The DMS referred to the data generated by the Dinas Cipta Karya of Sambas District as regards the identification of APs and affected assets.

10. As regards replacement cost, the 2013 RRDP Replacement Cost Study (RCS) was utilized factoring in inflation costs for 2014-2016. In 2013, an independent appraiser of the for RRDP II was contracted for Sambas District and the appraiser was able to valuate all pertinent losses for the project. Results of this valuation serves as the official basis for the negotiation of compensation payment with AHs/APs.

B. Cut-Off Date for Eligibility to Project Entitlements

11. The cut-off date for eligibility to Project entitlements coincides with the date when the Resettlement Implementation Team led by Dinas PU Cipta Karya of Sambas District posts the results of the DMS in public places (e.g., village office board, public sport area).

C. Scope of Impacts

12. There are four general types of losses or impacts under this RP: (i) loss of structure, (ii) loss of trees, (iii) loss of business income, and (iv) high risk of impoverishment or vulnerability. Table 2 shows the summary distribution of losses/impacts across the 4 villages. A fifth potential impact not reflected in the table is the temporary loss of land during civil works.

Table 2. Impact Matrix

Village AHs APs Structure Trees Business Vulnerable HHs

Total Area (m2)

Affected Area (m2)

% Loss #

Trees % AHs APs AHs APs FHH

Poor HH

Disabled HHs

Elderly

Kartiasa 22 112 2,441.50 321.60 13.2% 0 0% 16 81 12 76 2 8 1 6

Kubangga 26 137 2,845.00 345.80 12.2% 29 41% 25 132 12 58 2 10 1 2

Sepadu 31 136 2,494.60 373.00 15.0% 36 51% 29 127 21 71 4 13 2 9

Tambatan 9 43 1,010.00 122.00 12.1% 6 8% 5 24 7 29 3 5 0 3

TOTAL 88 428 8,791.1 1,162.4 13.2% 71 100% 75 364 52 234 11 36 4 20

1. Temporary Loss of Land

13. Based on DMS, road improvement will be within the existing 15 m of the ROW, hence there will be no land acquisition. However, the contractors of the CW 06 package will need areas for quarry, project office, and worker camps. To this effect, the contractor has rented the necessary area to which a rental agreement with the land owner was already made.

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2. Affected Structures

14. Main/Secondary Structures. A total of 88 AHs will be affected by losses of main and secondary structures, see Table 3. Under this category, these main and secondary structures - regardless of structural condition and construction materials - are those fixed on the ground with at least four posts, with roof, and used as domicile, office, school, clinic, shop or place of commerce, residence and shop at the same time, place of worship, etc.

Table 3. Number of AHs by Loss of Main/Secondary Structure

Village/Gender of AH Head

Home Home - Business Business/other Total

Partial Entire Subtotal Partial Entire Subtotal Partial Entire Subtotal N %

Kubangga 2 0 2 0 0 0 24 0 24 26 29.5% Male 2 0 2 0 0 0 21 0 21 23 Female 0 0 0 0 0 0 3 0 3 3

Sepadu 2 0 2 0 0 0 29 0 29 31 35.2% Male 2 0 2 0 0 0 25 0 25 27 Female 0 0 0 0 0 0 4 0 4 4

Tambatan 4 0 4 0 0 0 5 0 5 9 10.2% Male 3 0 3 0 0 0 3 0 3 6

Female 1 0 1 0 0 0 2 0 2 3 Kartiasa 4 0 4 1 0 1 16 1 17 22 25.0%

Male 4 0 4 1 0 1 14 1 15 20 Female 0 0 0 0 0 0 2 0 2 2

Total N 12 0 12 1 0 1 74 1 75 88 100.0%

% 13.6% 1.1% 85.2%

15. There are three types of these structures: 12 homes (13.6%), 1 combination home-business, and 75 or 85.2% business structures. Most (35.2%) of the structures are found in Sepadu Village and the least (10.2%) in Tambatan Village.

16. Entire structural impact. There are 3 structures that will be affected in its entirety, 1 main structure that is a home also used for business measuring 30 m2 (See Table 5). The 2 others are secondary structures: 1 for security guard/public post security measuring 15 m2

and the other for business (1,027.9 m2).

17. Partial impact. There are 12 main structures (houses, houses with shops, and post security guard) located within the ROW/COI that will be partially affected by the project. Of the 12 partially affected houses, 11 belong to male-headed AHs and 1 with a female-headed AH. None of the affected main structures are rented. The number of secondary structures to be partially affected is 74 units used for shops and other business activities. Of the 74 secondary structures, 11 structures are owned by women-headed AHs, the rest males. The total affected area is 1,162.4 m2 of which 89.7% or 1,042.9 m2 are secondary while 10.3% or 119.5 m2 primary.

Table 4. Floor Area of Partially Affected Structures

Location Primary (m

2) Secondary (m

2) Total

Home Home-

Business Subtotal Business

Other/post security

Subtotal N %

Kartiasa 58.5 30 88.5 218.1 15 233.1 321.6 27.7% Kubangga 8 0 8 337.8 0 337.8 345.8 29.7% Sepadu 11 0 11 362 0 362 373 32.1% Tambatan 12 0 12 110 0 110 122 10.5% Total 89.5 30 119.5 1,027.90 15 1,042.9 1,162.4 100.0%

%

10.3%

89.7% 100.0%

18. There are three types of structures by materials: permanent, semi-permanent, and temporary – Table 5 provides the breakdown. Of the total area of partially affected structures (1,162.4 m2), 193 m2 or 16.6% are permanent; 675,9 m2 or 57.2% are semi-permanent

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structure; and 299.5 m2 or 25.8% are temporary.

Table 5. Floor Area by Type of Partially Affected Structures

Location Type of Structure (m2)

Total structures (m2) Permanent Semi-Permanent Temporary n % n % n % N %

Kartiasa 109 56.5% 104.6 15.7% 103 34.4% 321.6 27.7% Kubangga 52 26.9% 179.3 27.0% 114.5 38.2% 345.8 29.7% Sepadu 0 0.0% 291 43.8% 82 27.4% 373 32.1% Tambatan 32 16.6% 90 13.5% 0 0.0% 122 10.5% Total 193 100.0% 664.9 100.0% 299.5 100.0% 1,162.4 100.0% % 16.6% 57.2% 25.8% 100.0%

19. Stand-Alone Secondary Structures. Stand-alone secondary structures are those that are not moveable and not structurally part of the main building - removal of which will not compromise the structural integrity of the main building. These include porches, extended eaves, fences, driveways and footbridges to the front yard of houses, shops, and workshops. The total number of stand-alone secondary structures to be affected for the improvement of the road section is 170 units. Most of the affected structures are footbridges and concrete driveway (51.8%) that provide access to the AHs from the road over the roadside canal to their homes (Table 6). This is followed by shops (22.4%), terraces (12.4%), extended eaves (11.2%), and 1.2% each for fence and work areas.

Table 6. Number of Stand-Alone Secondary Structures

Village Terrace Extended

Eaves Fence

Driveway/ Footbridge

Shop Work Area

Total N %

Kubangga 3 6 2 26 12 2 51 30.0% Sepadu 9 9 0 31 13 0 62 36.5% Tambatan 4 0 0 9 3 0 16 9.4% Kartiasa 5 4 0 22 10 0 41 24.1%

Total 21 19 2 88 38 2 170 100.0% % 12.4% 11.2% 1.2% 51.8% 22.4% 1.2% 100.0%

20. Affected Public Structure. There is 1 affected semi-permanent secondary public structure – the Security Post/Pos Kamling.

3. Perennial Trees and Timber

21. There are 71 perennial crops and timber located in the ROW owned by the local government of Sambas District that will be affected.

4. Income Loss: Businesses

22. There are 75 units of independent shops owned by 75 HHs. All shops are unregistered businesses. It is calculated that the owners of 9 partially affected shops will likely need three days until a week to reorganize their shops. The remaining 64 shops relatively have minor impacts: i.e, affected structure is only a small part of their shops like the terrace, thus the repairs will not significantly disturb the business activity - business can continue. However, during civil works, they might have potential temporary loss of customers especially from non-permanent buyers (usually from drive through buyer). The potential loss of business income will be IDR 50,000.00 – 200,000.00 per day.

5. Affected Persons and Vulnerables

23. Affected Persons. A total of 88 AHs or 428 persons will be affected by the partial or total loss of structures (main and secondary) and footbridges, while the local government will lose a police outpost and 71 trees.

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24. Vulnerable and Severely Affected Households. There are 52 vulnerably AHs (Table 7), vulnerability being a function of poverty, households headed by women, the elderly and the disabled. A household could have multiplicity of vulnerable attributes.

Table 7. Vulnerable AHs

Village Female-headed Elderly Disabled Poor Total*

Kartiasa 2 6 1 8 12

Kubangga 2 2 1 10 12

Tambatan 3 3 0 5 7

Sepadu 4 9 2 13 21

TOTAL 11 20 4 36 52 Note: Total vulnerable HHs avoided double count of vulnerability.

25. Of the 52 vulnerable households, 36 have monthly income below the poverty line. The provincial poverty threshold is IDR 375,459.00 per person/month or IDR 1,839,750.00 per household, therefore the 36 AHs are categorized as poor and vulnerable households. There are 11 female-headed HHs, 4 HHs headed by disabled, and 20 elderly-headed HHs.

D. Summary of Impacts

26. The summary of project impacts is provided in Table 8.

Table 8. Summary of Impacts

Items Unit Quantity Affected Structures/Buildings

Number of affected main structure (home and home - business) Unit 13 Number of affected secondary structure (business) Unit 75 Area of partially affected main structure (home and home-business) owned by 13 AHs

M2 119.5

Area of affected secondary structures (business) owned by 74 AHs

M2 1,027.9

Permanent and semi- permanent footbridge Unit 88 Public Facility

Number of affected structure (public post security) Area of affected structure

Unit M2

1 15

Trees/Timbers Perennial Trees and timbers owned by Local Government piece 71

Affected Persons/Party Affected Households HHS 88 Affected persons Person 428 Affected Party (local government agency) Agency 1

Vulnerable AHs

- Women-headed households: 11

- Poor households: 36

- Elderly –headed households: 20

- Household heads with disabilities: 4

HHs 52

*NOTE: Some AHs are affected by the loss of more than 1 structure; therefore, the number of AHs affected by the loss of secondary structure is not indicated here which could lead to confusion when talking about the absolute number of households affected in the improvement of the road section.

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III. SOCIO-ECONOMIC PROFILE OF AFFECTED HOUSEHOLDS

27. The SES instrument is provided in Appendix 1. SES information gathered serves as benchmark for determining whether or not the objectives of resettlement have been met after completion of RP implementation. Survey results in tabular form are found in Appendix 2.

A. West Kalimantan Province Profile

28. West Kalimantan is a province of Indonesia having a land area of 146,807 km2 with population of 4.641 million composed of 2.366 million males and 2.275 million females3. It is one of five Indonesian provinces in Kalimantan, the Indonesian part of the island of Borneo. Its capital city is Pontianak. The province has an area of 147,307 km² with a recorded 2010 census population of 4,395,983.4 Ethnic groups include the Dayak, Malay, Chinese, Javanese, Bugis, and Madurese. The latest official estimate (as of January 2014) is 4,546,439.

29. The borders of West Kalimantan roughly trace the mountain ranges surrounding the watershed of the Kapuas River, which drains most of the province. The Province is also bordered by Sarawak, Malaysia.

30. Ethnic groups are the Dayak (33.75%), Malay (29.75%), Chinese (28.01%), Javanese (5.41%), Madurese (3.51%), Bugis (2.29%), Sundanese (1.21%), Malay Banjarese (0.66%), Batak (0.26%), others (1.85%).5

31. West Kalimantan is subdivided into two cities (kota) and twelve regencies (kabupaten). About 29 % of the provincial population live in the Pontianak area. The capitals and populations of the regencies and cities are provided in the table below.

Table 9. Administrative units and demographics of West Kalimantan

Name Capital Area in

km2 Population

(2010 Census) Population

(2014 estimate) Sambas Regency Sambas 6,716.5 496,120 513,100 Singkawang City Singkawang 504 186,462 192,844 Bengkayang Regency Bengkayang 5,075.5 215,277 222,645 Landak Regency Ngabang 8,915.1 329,649 340,931 Pontianak Regency Mempawah 2,797.9 234,021 242,031 Pontianak City Pontianak 107.8 554,764 573,751 Kubu Raya Regency Sungai Raya 6,958.2 500,970 518,116 North Kayong Regency Sukadana 4,568.3 95,594 98,866 Ketapang Regency Ketapang 31,240.7 427,460 442,090 Sanggau Regency Batang Tarang 12,857.8 408,468 422,448 Sanggau Regency Sekadau 5,444.2 181,634 187,851 Sintang Regency Sintang 21,638.2 364,759 377,243 Melawi Regency Nanga Pinoh 10,640.8 178,645 184,759 Kapuas Hulu Regency Putussibau 29,842.0 222,160 229,764 Totals 147,307.0 4,395,983 4,546,439 Notes: (i) the use of "included" signifies that the regency was formed after 2000, and its population in 2000 has been included with that of the older regency from which it was taken. In 2003 Sekadau Regency was cut out of Sanggau Regency and Melawi Regency was cut out of Sintang Regency. In 2007 North Kayong Regency was cut out of Ketapang Regency, while Kubu Raya Regency was cut out of Pontianak Regency. (ii) above excludes a Special Enclave (Daerah Kantong), with 5,469 populations in 2010.

3 Berita Resmi Statistik No. 40/7/61/Th. XVII, 1 Juli 2014

4 Central Bureau of Statistics: Census 2010

5 Overcoming Violent Conflict: Volume 1, Peace and Development Analysis in West Kalimantan, Central

Kalimantan and Madura. Prevention and Recovery Unit – United Nations Development Programme, LabSosio and BAPPENAS. 2005.

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B. Profile of AHs

32. Sociodemographics. Most of the respondents (93%) are married and a small percentage are single and widowed. Majority (76%) is below 55 years old, and have normal physical condition (85%). Majority are Melayu Ethnic (93%) and all are Moslem (100%). Most (65%) attained basic education only, followed by graduation from senior high school (23%), diploma degree (2%), university (6%), and 1 person with post graduate degree. Around 3% did not go to the school.

33. The average household size is 4.9 persons. Approximately 428 persons constitute the 88 AHs. Most (48%) of the AHs have about 3-5 HH members, followed the 6 – 10 persons (30%), less than 3 HH members at 19%, AHs have a member of below 3 persons, and 3% for AHs with more than 10 members. By and large, only 1 person is gainfully employed per HH.

34. Livelihood and Household Income. The primary occupation of 55 of the 88 AHs heads is operating commercial shops and engaging in business. Around 17 AHs heads are engaged in farming, 7 as Government employee or Army and 6 as privately employed. Two are housewives who have home businesses.

35. Thirty-six AHs (40.4%) of the 88 AHs reported to have a monthly household income of less than West Kalimantan’s Provincial poverty threshold of IDR 375,459.00 per person/month for Minimum Regional Salary/UMR West Kalimantan Province IDR 1,839,750.00. About 13 AHs (14.6%) have equal or the same monthly minimum regional salary and about 40 AHs (44.9%) have income above the UMR.

36. Services and Amenities. Most of the AHs aver that medical facilities are available but these are found in other villages but within the same sub-district. Only those in Kartiasa Village are fortunate enough to have medical facilities within the village (25%). There are multiple sources of potable water. All the AHs (100%) surveyed use rainwater for drinking. There are 6 AHs who also avail of water from wells and 1 AH from the river. All 88 AHs surveyed in the SES use electricity for lighting. There are 87 AHs with independent access to PLN for energy source and 1 connected to a neighbor.

37. Perceptions of AHs. Perceptions of AHs were generated through the survey and these were largely focused on two facets: (i) reconstruction preferences, and (ii) perceptions about the project potential impacts.

38. Reconstruction preferences of AHs. All 88 AHs surveyed in the SES have no plans to rebuild their affected structures. They have signified to simply upgrade their remaining structures while a male-headed AH in Kartiasa village will not rebuild because he already has a stand at the district traditional market.

39. Perception about project impacts. More than three-fourths of the AHs perceive positive impacts about the project and welcome it. Reasons cited are: (i) Accelerate and facilitate access; (ii) Improve the economy; (iii) The road is not dusty during the dry season and muddy during the rainy season; (iv) Land prices appreciate; (v) Better health; and (vi) Reduce the risk of accidents. Those who cite negative impacts provide the following: (i) Land to be reduced; (ii) Potential high crash (Potensi kecelakaan tinggi); and (iii) Exposure to air pollution.

40. On grievance redress. The survey carried out in July 2013 indicated that 7 of the AH heads surveyed recommended that a body be set-up to receive and handle complaints from the people. Eight AH heads suggested that at the first instance, grievances should be filed with the office of the Village Chief. Nine of the AH heads think that complaints can be filed verbally, while 3 AH heads said that complaints should be in writing. When not satisfied with the action taken the first time a complaint is filed, 10 of the AH heads said that it should be filed with the RRDP Project leader. Two of the AH heads suggested filing the complaints with the contractor as the second level in the grievance process. These suggestions have

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been incorporated in the grievance redress mechanism.

41. With regard to ensuring that residents benefit from the Project, 6 of the AH heads suggested that the local authorities should closely supervise the Project road.

IV. CONSULTATION, PARTICIPATION, AND DISCLOSURE

42. Meaningful consultations have been conducted prior to civil works. Table 10 provides the summaries.

Table 10. Summary of Consultations Held

Date Location Nature of

Consultation Participants

8-Jul 2013 Elementary School in Kubangga Village

Pre-IOL 65 local residents and representative of Sambas LG, PJN and PPTA Consultants 20 of them were women

9-Jul 2013 Elementary School in Sepadu Village

Pre-IOL 64 local residents and representatives of Sambas LG, PJN and PPTA Consultants 14 of them were women

4-Oct 2013 Bappeda of Sambas District Office

Post-IOL 15 persons from relevant institutions of Sambas LG, PJN, local journalists and PPTA consultants

5-Oct 2013 Elementary School in Kubangga Village

Post-IOL 172 AHs (24 of them were women), Village and Sub District Officials, PPTA Consultants.

2-3 Dec 2013

Ambhara Hotel Jakarta

Workshop on the proposed project resettlement policy

Representatives from relevant institutions from West Kalimantan Province, Sanggau LG, Sambas LG, East Java Province, Malang LG, Central Java Province, Cilacap LG, DGH and PPTA Consultants

2-4 Aug 2016

Affected area of CW 06 Packet, consultation at Dinas PU Kab. Sambas and Bappeda Kab. Sambas

DMS and Social economic survey

88 AHs is for current status in this time, with distribute of 12 AHs is Female Headed and 76 AHs, Male Headed and 4 of them as disabled. 2 representatives from Dinas PU Bina Marga Kab Sambas and 2 from Bappeda Kab. Sambas and 4 representatives from PT. Brantas Abipraya Contractor involved as part of survey team.

A. Pre-DMS Consultation and Participation

43. The views and suggestions of APs/AHs and local authorities have been incorporated in this RP. During the ocular inspection of the proposed road section during the ADB inception mission in 2013, the district planning offices, including the district office of DGH, were consulted about the proposed improvement of the road section. The sub-district and village officials, including local residents, were briefed about the proposed road improvement and their opinions and concerns were solicited. Table 11 provides the highlights of pre-IOL consultations in 2013.

Table 11. Highlights of Pre-IOL Consultations with APs/AHs

Concerns Issues, Opinions and Suggestions Project Residents expressed the wish that the road is improved soon.

The residents support the project. Project impacts On the Project’s potentially positive impacts, the residents shared these thoughts:

Will promote economic development for the households/communities; faster and more convenient travel for the people; and will provide greater access to basic facilities (health/hospitals, schools, and market)

Will provide employment to the local people/villages, and will minimize the need for people to seek employment in other countries

On the Project’s potentially negative impacts, the resident s mentioned the following:

Environmental problems, such as noise and pollution; some palm trees might be affected

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Concerns Issues, Opinions and Suggestions

Increased number of vehicular accidents

Increased incidence of human trafficking due to the district’s close proximity to the border with Malaysia

Compensation for affected asset

Residents want the process of acquisition of assets to be transparent; that the basis for calculating compensation for affected assets, including the classification and measurement of affected structures, should be clear; and that compensation should be paid directly to the AHs and not through intermediaries. The Head of Sub District voiced the opinion that if the project will not acquire land, local people have no objection to donate their land for road improvement, as long as their affected structures are compensated. The representative of Sambas LG said the standards used in RRDP 1 should be followed for RRDP 2, such as those that pertain to compensation for affected assets, and in ensuring that the living standards of the AHs should be the same as before the project. The TA resettlement specialist explained the ADB policy on involuntary resettlement; that the process of land and asset acquisition will be done in close cooperation with the AHs though a series of consultations. The unit rate for compensation asset will be determined by an Independent Appraisal and will be based at replacement cost. With the aforementioned process, it is hoped that the AHs will be compensated for their losses at replacement cost and that their livelihood will at least will be same as before the project

Corridor of resettlement impact

In response to the queries of residents on the width of the area that will be cleared in the improvement of the Project road, the TA consultants explained that the corridor of impact (COI) is the width that is needed for road improvement; and based on the initial design, the COI width is 15 m (from left side to right side). Inventory of losses will be done within the COI.

Resettlement Planning Document

Based on the August 2016 census, there are no affected lands on the existing ROW

Socialization Residents, especially local officials, said that several socialization regarding the improvement of the road plan have been held by the Sambas District long before. Residents requested for more intensive consultations in each village prior to the implementation of land acquisition be held

Grievance redress mechanism

The Head of the Sub District requested the residents that if they have any complaints or grievances, they should bring these up with the village head or village officials to avoid social unrest

Social/IPs/ Gender The TA consultants explained the socioeconomic, IP, and gender studies that they will undertake in connection with identifying measures to propose in mitigating the Project’s adverse social impacts.

44. Table 12 captures the issues and concerns raised by AHs post IOL in 2013.

Table 12. Post-IOL Consultation with AHs from Sambas and Teluk Keramat

Concerns Issues, Opinions, and Suggestions

Project impacts The AHs pointed out that the road improvement project shouldn’t make the living standards of the people become worse; so any kind of affected asset should be replaced properly

Project resettlement policy

The TA consultants explained that since the road improvement will be funded through an ADB loan, the process and standards for replacing affected assets will follow the Project Resettlement Policy. Specifically, the following core principles of the Project Resettlement Policy were explained to the AHs and local officials:

The need to ensure that APs/AHs are not worse off on account of the Project. Involuntary resettlement and impacts on land, structures and other fixed assets will be minimized where possible by exploring all alternative options. All AHs will be paid compensation for affected fixed assets, including sources of incomes, based on the principle of replacement cost. APs/AHs without title or any recognizable legal rights to land are eligible to resettlement assistance, in addition to compensation at replacement cost for non-land assets on affected land.

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Concerns Issues, Opinions, and Suggestions

Meaningful consultation will be carried out with APs/AHs and concerned groups to ensure their participation during Project planning and implementation. A grievance redress mechanism will be set-up to allow for the expeditious resolution of complaints of AHs.

Compensation for affected asset

AHs sought clarification regarding who will be shoulder the cost in amending land certificate (splitting in the local language) of plots of land that will be acquired. The TA consultants explained that the cost of amending land certificates is borne by the Government. However, there will be no land acquisition in the improvement of the Project road because construction works will be done within the existing 1 m ROW. AHs want the basis for calculating compensation for affected assets to be clear per type of affected asset. They cited bad experiences in the past where funds for land acquisition came from the national budget. In response, the TA consultants explained that compensation for affected assets will be replacement cost as explained earlier. In addition, the TA consultants explained that in line with the new Government regulation on land acquisition, unit rates to be used in calculating compensation for affected assets will be recommended by an independent appraiser. For relocating households, the AHs expressed hope that additional allowances, on top of compensation for affected assets, will be provided. The TA consultants explained that according to the proposed Project resettlement policy, transitional allowance and transport allowance will be provided to relocating households. The AHs further suggested that if the relocated structures are used for business, then loss of income allowance also should also be provided to the AH.

Inventory of losses

The AHs inquired if they will be provided a list of affected households. The TA consultants explained that a list of AHs identified by the PPTA consultants during the inventory of losses (DMS), in addition to a copy of the resettlement plan (RP), will be to the Head of the village for people to see and review The TA consultants emphasized that the DMS is just a preliminary study that will be used to estimate project impacts and suggest measures to mitigate Project impacts, including budget requirements. The results of this study are incorporated in a Resettlement Plan (RP) which is a requirement in Project loan negotiations. The TA consultants added that during Project loan implementation, the RP will be spearheaded by the Badan Pertanahan Nasional (BPN or National Land Agency) and the executing agency (EA). In line with the new Government regulation, a Land Acquisition Implementation Team will be established to implement acquisition of assets.

Budget for compensation and Institutional Arrangement

The AHs initially thought that the budget for compensation will come from the ADB loan. The TA consultants explained that funds from implementing resettlement will come from the Government of Indonesia, and that for this road project, these will be provided either or both by the Provincial and/or Regency Governments. The AHs suggested that a monitoring body, with members coming from residents in the affected areas, be set up in order to ensure that the implementation of land clearing follows the Project resettlement policy. The TA informed the AHs that construction work in a particular Section of the Project road cannot proceed until after compensation and allowances are paid completely; livelihood restoration measures, as needed, are in place; and that that Section of the road is free of obstructions and encumbrances.

Design of road Many questions were raised regarding the road design. The TA consultants explained at length that the typical road design provides for a 6 m pavement, 2.5 m shoulder on either side of the pavement, and a 2 m side drainage. These structures will all fit in the existing 15 m ROW.

45. During the review missions conducted from 2015 – 2016, consultations on the project plans were conducted with the local governments and some APs. In August 2016, the CTC Team discussed with local government (Bappeda and Dinas PU Kabupaten Sambas) on the preparation of the RP for CW 06 and to carry out the DMS and SES for APs and ensure compensation mechanisms for the potential losses. The Bappeda agreed that the CTC carry out the DMS for the 15 m of ROW and confirmed that the Local Government of Sambas District will provide the necessary budget for the compensation of the affected structures for fiscal year 2017 based on the calculation result by the CTC and the Dinas PU Cipta Karya of

16

Kabupaten Sambas.

46. For the compensation of 71 lost trees, the local government confirmed that it has included the road section in the green space Program management (Program Pengelolaan Ruang terbuka hijau/RTH) and the budget has been allocated in 2016.

B. Post-DMS Consultations

47. Consultations and discussions will continue during RP implementation. The table below lists the activities that will be conducted sequentially to ensure that APs/AHs are updated about the Project on a continuing basis and that their opinions and suggestions are heard and taken into consideration.

Table 13. Roles of Key Stakeholders in RP Implementation

Project Process Stage

Participatory Activities and Participants Responsible Institution

Preparation Continuing prior to civil works / Resettlement planning phase.

Meeting with the Sub-directorate on Environment and Road Safety of the DGH to discuss the proposed resettlement policy for RRDP CW 06 Missing link package Post- DMS consultation-meeting with Bappeda and DGH District Office to discuss (i) the results of the DMS and RCS, and (ii) to agree on the proposed Project resettlement policy and entitlements Post-DMS consultation-meeting with AHs, Sub-district and village Officials to discuss (i) the results of the DMS and RCS, and (ii) to agree on the proposed Project resettlement policy and entitlements Distribution of PIB to the AHs and posting of summary resettlement plan at District, Sub-district and village government offices. Posting of RP on ADB website

CTC in collaboration with the local government including the representatives from the village-level government TA Consultants and continued by CTC DGH (main office), and TA Consultants TA Consultants and continued by CTC. DB

RP Implementation

To continue the disclosure of the RP by making the agreed RP available to the Satker Office and District office. The PIB at the Dinas PU Cipta Karya Office, contractor office, and village offices. Implementation team finalize identification of affected assets and compensation payment Negotiation with APs/AHs on compensation for affected assets, income losses Consultation with the AHs/APs for compensation payment

Consultation with the AHs/APs for the implementation of the Income Restoration Program/Training

Notice to the AHs/APs prior to clearing of ROW

The Satker/PPK, Dinas PU Cipta Karya supported by the CTC Dinas PU Cipta Karya; PJN (National Road Implementation Office) Dinas PU Cipta Karya Dinas PU Cipta Karya, PMU (assisted by CTC) PMU (assisted by CTC)

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Project Process Stage

Participatory Activities and Participants Responsible Institution

Monitoring and evaluation

Participation of the AHs/APs in the internal monitoring by CTC team and DSC and external monitoring by external monitoring agency,

C. Disclosure

48. Copies of the draft RP endorsed by DGH and ADB will be made available in provincial, district offices. In addition, PIBs in Bahasa Indonesia, will be given to the APs/AHs and relevant stakeholders and made available in strategic places such as village offices. The RP will be uploaded on the ADBs website. Regional Office (Balai), Implementation Unit (Kasatker), Commitment Officer (PPK), Local Government / District and Sub-District Officials will ensure that the PIBs are distributed to the APs/AHs. The PIB will include the following information: (i) description of the road Project and its adverse social impacts, (ii) measures to avoid impacts, including entitlements of APs/AHs, (iii) consultation and grievance procedures, (iv) schedule of delivery of compensation and assistance, (v) schedule of clearing of assets from the ROW, and (vi) name officials to contact for any queries (see Appendix 3 for the PIB).

49. The Land Acquisition Implementation Team, PPK, and Sub District Official will discuss with the APs/AHs on the results of the DMS, resettlement policy, entitlements, and compensation payment. Social monitoring reports on RP implementation will also be publicly disclosed and uploaded on the ADB website.

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V. GRIEVANCE REDRESS MECHANISM

50. Grievances related to any aspects of the Project will be handled through negotiation aimed at achieving consensus. The procedures to be followed in resolving complaints on the affected assets, the level of compensation offered by the government, and other aspects of the projects are outlined below. All administrative channels, such as the Office of the Camat and the Office of the Regent, will be exhausted in efforts to resolve any complaint before this is elevated to a court of law for adjudication. No cost will be borne by the APs in relation to the grievance redress mechanism.

51. The PMU shall therefore ensure that grievance redress mechanism will be conducted properly. PJN will be at the frontline to receive complaints, coordinate with local government authorities to discuss related concerns and to resolve complaints / disputes that may arise during project implementation.

Related to the Inventory of Affected Assets

(i) An aggrieved AP/AH may appeal the result of the DMS on affected assets found on the affected structures with the Resettlement Implementation Team

(ii) Resettlement Implementation Team within 14 days will verify the results of the DMS of the affected assets of the AH and will make necessary revisions/corrections, as needed. If the AH is still not satisfied with the findings of the Resettlement Implementation Team, the AH can bring the matter to the district court for resolution.

(iii) If the grievance/complaint concerns ownership/control of assets found on the affected structures, the Resettlement Implementation Team will seek a settlement with the contending parties through consultation.

(iv) If the consultation does not produce a settlement, the Resettlement Implementation Team will advise the APs to resolve the case through the court.

(v) The Resettlement Implementation Team keeps record of complaints and disputes handled.

Related to Compensation

(i) An AP/AH that is not satisfied with the amount of compensation initially offered by the Resettlement Implementation Team has within 30 days to come into agreement with the Resettlement Implementation Team on the level of compensation for affected assets.

(ii) If negotiation on compensation with the Resettlement Implementation Team fails, the AP/AH may file within 14 days with the district court a complaint on the compensation proffered by Resettlement Implementation Team. The court will judge on the case within 30 days.

(iii) If the AP/AH is not satisfied with the decision of the district court, the AP/AH within 14 days following judgment by the district court may bring the case to the Supreme Court and seek a reversal of the ruling of the district court. The Supreme Court will judge on the case within 30 days.

Related to other Aspects of the Project

(i) An aggrieved AP/AH may bring any complaint either to the village office, sub district office, contractor or project office, in the first instance to seek resolution. The project office or contractor has 14 working days to settle the issues.

(ii) If the grievance cannot be resolved, the AP/AH may convey the grievance to the district office for resolution.

(iii) If the aggrieved AP/AH is not satisfied with the action taken on the complaint, she/he may file the complaint to the court for final adjudication.

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VI. LEGAL AND POLICY FRAMEWORK

A. Relevant Laws and Regulations in Indonesia

52. The key law applicable for land acquisition/resettlement is Law 2 of 2012 on Land Acquisition for the Development in the Public Interest, promulgated in January 2012 and its implementing regulations. The regulations include the Presidential Decree 71 of 2012 on Implementation of Land Acquisition for Development in the Public Interest issued in August 2012. This regulation has been amended three times and the latest amendment is the Presidential Regulation 148 of 2015. In addition, there is “Guidelines of Land Acquisition”, No 6 of 2012 and its amendment issued by the Head of the National Land Agency. The land acquisition law provides the clear procedures process and time frame of land acquisition while giving due regard to protecting the interest of affected parties.

53. Under the land acquisition law and regulations, the land acquisition process is divided into four stages, i.e., planning, preparation, implementation, and transfer of acquired land. During the Planning Stage, the executing agency will prepare a feasibility study that includes a land acquisition plan for submission to get approval from Governor about project located. During the Preparation Stage, the Governor officer, with the participation of the executing agency and with assistance from relevant local government officer, will conduct preliminary data gathering on the location and impacts of the proposed project, conduct public meetings, Public hearing and resolve adverse opinions about the proposed project, and confirm the location of the project and areas that will be adversely affected. During the Implementation Stag, the land acquisition team will conduct of a detailed inventory of affected assets, calculation of compensation based on the valuation of the independent licensed property appraiser, negotiation with affected parties on compensation, and payment of compensation. The land acquisition team will hand over to the executing agency during the Delivery Stage the acquired properties after payment of compensation to entitled parties has been completed or after the proffered compensation money has been deposited with the district court, in the event of impasse in negotiation between the LAIT and the entitled parties.

54. The project will be constructed in the existing ROW encroached by the people. In such case, no land acquisition will be undertaken as the land to be used for the project has been owned by the project/the executing agency. Therefore, the procedure of land acquisition process set forth in the land acquisition law and its implementing regulations will not be followed but entitlements of compensation stipulated in the land acquisition law will be referred. The elucidation of Article 40 of the Law 2 of 2012 stipulates that in the case that the buildings, plants, or other objects related to land have not yet held or are owned without a Land Title, Compensation shall be given to the owners of the buildings, plants, or other objects related to land6. In addition, the Presidential Regulation 71 of 2012, Article 26, further provides that that non-title land holders are eligible for compensation for “other appraisable loses.7” This provision is clarified by Law 2 of 2012, which amends provisions of Law 51 of 1960 regarding Ban on Land Use Without Permission of the Entitled or their Proxies8 (Basic Agrarian Law), concerning prohibition of use land without permission of the owner or representative by stipulating that illegal occupiers are not entitled to compensation of assets or land.

55. The Indonesia Civil Code (KUH Perdata). Article 570 of the Civil Code defines ownership rights as the right to use goods freely, so long as such use does not violate laws

6 Law 2 of 2012 on Land Acquisition for the Development in the Public Interest, Elucidation of article 40.

7 Presidential Regulation 71 of 2012 on Implementation of Land Acquisition For Development For Public Interest,

Article 26. 8 Government of Indonesia. 1960. Law 51 of 1960 regarding Ban on Land Use Without Permission of the Entitled

or their Proxies. [Hereafter Law 51 of 1960]

20

and general regulations enacted by an authorized entity, and that it does not disturb other people’ rights. Ownership of land is subject to the government’s right to expropriate land and property for public use with suitable compensation as determined by laws and regulations. With respect to property rights belonging to the occupants, Article 570 provides that private property other than land (buildings, plants or any other objects) must be respected as provided under Law 39 of 1999 on Human Rights. Article 29 of Law 39 of 1999 says that every person is entitled to protection of their property right. Article 36 stipulates that property right cannot be taken without due process and against the law. Further, Article 37 provides clear guidance that any property right taken for public use must be compensated. Article 570 of the Civil Code also stipulates that every owner of material property has a right to sue anyone who mater it, to refund the material in such circumstances as before.

B. ADB Policies

56. The ADB Safeguard Policy Statement (SPS) of 2009 consolidates three existing safeguard policies: involuntary resettlement (IR), indigenous peoples (IP), and environment. The objectives of the IR policy are to (i) avoid involuntary resettlement, (ii) explore alternatives to avoid, (iii) restore livelihoods and (iv) improve living standards of poor and vulnerable households. The IP policy objectives are to (i) design and implement projects that fosters full respect for IP's identity, dignity, human rights, livelihoods systems, and cultural uniqueness as defined by the IP themselves and (ii) ensure that IPs receive culturally appropriate social and economic benefits, do not suffer adverse impacts as a result of projects, and can participate actively in projects that affect them. The policy on environment is discussed in a separate environment report.

57. The ADB Policy on Gender and Development (1998) adopts gender mainstreaming as a key strategy for promoting gender equity, and for ensuring that women participate in, and that their needs are explicitly addressed in the decision-making process for, development activities. The new safeguard policy also reiterates the importance of including gender issues in the preparation of safeguards documents at all stages to ensure that gender concerns are incorporated, including gender-specific consultation and information disclosure. This includes special attention to guarantee women’s assets, property, and land-use rights and restoration/improvement of their living standards; and to ensure that women will receive project benefits. Other policies of the ADB that have bearing on resettlement planning and implementation are the (i) Public Communications Policy (2011), and (ii) Accountability Mechanism (2012).

C. Gap Analysis and Project Principles

58. The new Land Acquisition Law and its implementing rules and regulations are close to becoming harmonious with ADB’s SPS. The new law grants that persons with no legal title over the they occupy or utilize (in peaceful way) are entitled to compensation for improvements (such as plants, trees, and buildings) found thereon, including job and business losses, moving cost, etc. A resettlement plan also needs to be prepared by the executing agency, and stakeholders, especially affected people, are consulted and their complaints heard and resolved in the most expeditious way during resettlement planning and implementation. However, there are some minor gaps that need to be addressed through gap filling measures.

59. Table 14 identifies and lists the gaps between existing Indonesian laws and regulations and the 2009 ADB Safeguard Policy Statement and how these gaps will be addressed by the project.

Table 14. Gap Analysis

Principle Indonesian Regulations; UU no 2/2012, and other

relevant land policies ADB SPS 2009 Project Resettlement Policy

Assistance The law and regulations Ensure that displaced There will be no physical relocation

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Principle Indonesian Regulations; UU no 2/2012, and other

relevant land policies ADB SPS 2009 Project Resettlement Policy

stipulate on compensation for affected asset, yet do not stipulate on the assistance (relocation assistance) to the non-land rights holders and other economic loss

persons without titles to land or any recognizable legal rights to land are eligible for resettlement assistance and compensation for loss of non-land assets.

of affected persons. So, no relocation assistance will be provided Assistance in the form of income restoration will be provided per below provisions. The project will provide compensation for temporary lost business income in the form of income restoration program.

Income Restoration

Law 2 of 2012 does not specifically address the restoration of living standards of displaced persons. However relevant provisions are made in Law 39 of 1999 on Human Rights

9. Law 16 of 2011

on Legal Aid provides legal service opportunities for person or groups of poor people if they need assistance pertaining to legal issues on land acquisition processes

10

Improve the standards of living of the displaced poor and other vulnerable groups, including women, to at least national minimum standards. In rural areas provide them with legal and affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing.

Income restoration program will be provided to vulnerable groups to ensure that the project will not make their living standards worse off because of the project.

The Regent of Sambas District Government committed to allocate budget and provide income restoration program to the AHs/APs considered vulnerable.

Income restoration will be provided in the form of distribution seeds of plants or building materials and livelihood trainings based on the community needs.

Monitoring of Project Implementation

The land acquisition law and Presidential Regulation 71 of 2012 stipulate on monitoring and evaluation on land ownership, land possession, use of land and land utilization as a result of land acquisition. However, these laws and regulations do not explicitly require monitoring of resettlement impacts and that the government disclose monitoring reports .

Monitor and assess resettlement outcomes, their impacts on the standards of living of displaced persons, and whether the objectives of the resettlement plan have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports (Principle 12) Project Classified as category A for involuntary Resettlement are subject to external monitoring as well as internal monitoring

The project is considered A for involuntary resettlement. Therefore, the project will conduct internal and external monitoring and will cover the Package (CW-06) / The monitoring reports will be disclosed to the public.

9 Article 5 states that (1) everyone is recognized as an individual with the right to demand and obtain equal

treatment and protection before the law as befits his or her human dignity; (2) everyone has the right to just support and protection from an objective, impartial judiciary; and (3) all members of vulnerable groups in society, such as children, the poor, and the disabled, are entitled to greater protection of human rights. Law 39 o 1999 on Human Rights 10

The law stipulates that such legal services are to be provided on a pro bono basis. Article 1, paragraph 2 states that eligible legal aid recipients includes any person or group of poor people. The legal aid provider is a legal aid institution or civil society group that provides legal aid services based on this law. Law 16 of 2011 on Legal Aid.

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D. Project Resettlement Policy

60. The core principle of the Project Resettlement Policy is anchored on the need to ensure that APs/AHs are not worse off on account of the Project. Also, the Project should provide the opportunity for the local population to derive benefits from it and to participate in its planning and implementation. Towards this end, the Project Executing Agency and local governments where the Project roads are located will endeavor to carry out the improvement of Project road sections based on the following principles:

(i) Compensation will be provided based on replacement cost and APs/AHs will be entitled to compensation based on prevailing market prices at the time of payment of compensation.

(ii) Meaningful consultation will be carried out with APs/AHs and concerned groups to ensure their participation during Project planning and implementation. The comments and suggestions of the APs/AHs and communities will be taken into account and special attention will be provided to the vulnerable groups.

(iii) Grievance mechanism will be implemented to address the concerns of APs/AHs.

(iv) Improve, if not restore, the standards of living of APs/AHs through an appropriate income restoration program and the prompt replacement of acquired assets.

(v) Provide special assistance to the poor and vulnerable APs/AHs, such as legal and affordable access to resources, appropriate income sources and affordable access to decent housing.

(vi) The RP will be disclosed to the APs/AH and indigenous households in a form understandable to them prior to submission to ADB.

(vii) Ensure that gender concerns are observed as stipulated in this RP. (viii) The project will be subject to internal and external monitoring and monitoring

reports will be disclosed to the public. (ix) Site clearing and civil works will not commence until the Bupati has officially

confirmed in writing that (i) payment has been fully disbursed to the APs/AHs and rehabilitation measures are in place as per the agreed RP between DGH and ADB, and (ii) the ROW is free of any encumbrances.

E. Unanticipated Impacts

61. If additional adverse social impacts are identified and/or additional AHs are found during RP implementation, these persons and households are entitled to receive Project entitlements as the others, provided they satisfy the rule on cut-off date for eligibility to Project entitlements. New AHs may emerge due to changes in Project design or alignment prior to or even during construction works.

62. With unanticipated involuntary resettlement impacts, the Dinas PU of Sambas District will ensure the conduct of a social impact assessment and may (i) update this RP, (ii) formulate a new RP covering all applicable requirements depending on the extent of the impact changes, or (iii) conduct due diligence and propose for corrective actions. Unanticipated impacts will be documented and mitigated based on the principles provided in the RP. DGH shall submit the updated RP and SIA or a Due Diligence Report to ADB for disclosure on ADB’s website and convey relevant information in them to the affected persons/community.

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VII. COMPENSATION, ASSISTANCE, AND VALUATION

A. Eligibilities

63. For this RP, entitled parties are those who stand to lose, as a consequence of the project, all or part of their physical and non-physical assets, including homes, commercial properties, and income-earning opportunities. Such impacts may be permanent or temporary.11 Entitled parties are eligible for compensation - in cash or in kind, and other assistance under this project.

64. The cut-off-date for eligibility to project entitlements refers to the date when the Resettlement Implementation Team led by Dinas PU Cipta Karya of Sambas District posts the results of the DMS in public places (e.g., village office board, public sport area).12 The cut-off date sets the time limits to determine eligibility of persons living and/or with assets or interests inside the project areas. Should they be adversely affected, they will be entitled to compensation for their affected assets, including rehabilitation measures as needed, sufficient to assist them to improve or at least maintain their pre-project living standards, income-earning capacity and production levels. Those who encroach into the project area, or any of its subprojects, after the cut-off date will not be entitled to compensation or any other assistance.

B. Entitlements

65. Project entitlements cover the scope of impacts for the CW-06 Tanjung Harapan stretch and the resettlement policies provided for in this RP. The entitlements are detailed in Table 15.

Table 15. Entitlement Matrix

Category of Impacts/Losses

Entitled Persons Project Entitlements

Non-land Assets

Loss of main structures (houses, offices, independent shops) and secondary structures (fences, driveways, extended eaves, sheds, etc.)

Owners of affected structures, regardless of structural type

Compensation for the affected structure will be provided at replacement cost. No depreciation of affected structure will be applied.

For partially affected structures, the cost of repairing the residual unaffected portion of the structure in addition to the compensation at replacement cost for the affected portion of the same.

The value of salvageable materials will not be deducted from the compensation.

If the impact on main structure is more than 50%, the entire structure will be acquired at full replacement cost.

If the impact on the main structure is less than 50% but will compromise the stability of the residual area of the main structure, i.e., structurally not stable, the Project will acquire the entire structure at full replacement cost.

1 month advance notice after receiving compensation on the date affected main structure is re-organized.

1-month advance notice after receiving compensation on the date they have to demolish their affected secondary structures.

Public infrastructure and facilities

Government/ State enterprise/

Cash compensation at replacement cost or rebuild the facilities

11

ADB. Involuntary Resettlement Safeguards: A Planning and Implementation Good Practice Sourcebook – Draft Working Document. November 2012.

12 Article 29 of Law No. 2 of 2012

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Category of Impacts/Losses

Entitled Persons Project Entitlements

communal asset

Timber trees within ROW owned by Local Government

Local Government Sambas District

Replanting by Local Government Sambas District through Green Open Parks Program in year 2016/2017 with Local Government of Sambas District budget

Access road to AP house/business

Home/business owners along the road

The new access road from concrete bridge to AP houses will be rebuilt by the project.

Assistance for Income Loss to APs/AHs due to Impact on Business and Employment Impact due to temporary or permanent disruption of business operation of shops and places of work

Business owners For businesses and employment that will be disrupted temporarily, financial assistance equivalent to the daily net income of each affected shop owner or paid employee multiplied by the duration in days or months of disruption of the business or employment as follows: Paid employee: pay slip, or in the absence of pay slip, the

legislated minimum wage in the locality multiplied by the number of days that workplace is closed.

Partially affected shops (all types of construction materials): daily net income multiplied by (3 days – 1 week).

Totally affected shop (move back): daily net income multiplied by 7days.

For businesses and places of employment that will cease operation by more than 7 days or even permanently, financial assistance equivalent to the daily net income of each affected shop owner or paid employee multiplied by 1 month. Entitled to participate in the livelihood restoration program

High Risk of Impoverishment Loss of resource/ income bases

APs/AHs that lose 10% or more of total productive assets or sources of income; poor and vulnerable AHs, regardless of severity of impacts

Entitled to participate in the livelihood restoration program

Preferential opportunity for employment of a household member in Project-related jobs.

Temporary Impacts during Construction Temporary restriction to land or structure due to Project construction activities

Owners of structure or land recognized with proof of ownership.

Rental fee for use of asset, rent based on market rate and agreed by the owner of land or structure

The Contractor shall restore land/structure to condition it was used at project start, to include public utilities and common property resources if at all.

C. Valuation and Replacement Costs

66. Structures. For structures, the RRDP II RCS was used as reference for valuating the losses for this RP. In principle, and based on the terms of reference of the independent appraiser contracted for RRDP II, the RCS derives the amount in cash or in kind needed to replace an asset in its existing condition, without deduction for transaction costs or depreciation, at prevailing market value, or its nearest equivalent, at the time of compensation payment.

67. The main RRDP-II RCS consideration in establishing the value for structures were:

(i) Compensation rates for structures and public utilities were classified into 4 types which form the building (1) main building (2) secondary building that blends with the main building and (3) secondary building that does not blend with the main building (4) roads, bridges and irrigation;

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(ii) Calculating the value of the building greatly considered materials used for the structures; and

(iii) Determination of transaction costs involved in building value or the cost of building permits and other costs over the building foundation.

68. Thus, based largely on materials and condition of the affected structures at the time of DMS for this RP, the rates from RRDP II were adopted specific to the asset description and condition of the structure that was further assessed in terms of combination of materials. Valuation guide is shown in Table 16. With the unit rate, compensation was computed using the total affected area, factoring in the official inflation rates referenced from the National Statistics Bureau for 2014-2016 (8.36%, 3.35%, and 4.7% respectively). A separate volume of this RP shows the documentation (with photos) of all AHs and corresponding structural condition per affected structure as correlated in this valuation. Depreciation was not factored in.

Table 16. Rates Applied Using RRDP-II RCS and Actual Structural Condition

Ref. No

Asset Description Class Principal Component Material Price Proposal

(Rp.) 14 Workshop, kiosk,

shop and garage Good The roof of corrugated iron 707,000

Column wooden stick Reinforced concrete foundation Floor cement rebates

15 Workshop, kiosk, terrace, shop

Fair 1 The roof of sago palm leaves 675,000 Column wooden stick

Reinforced concrete foundation Floor cement rebates

16 Workshop, kiosk, shop

Fair 2 The roof of corrugated iron 643,000 Column wooden stick The foundation of wooden sticks Floor boards

17 Workshop, kiosk, shop

Less The roof of sago palm leaves 600,000 Column wooden stick The foundation of wooden sticks Floor boards

18 Kiosk, shop Emergency The roof of sago palm leaves 530,250 Column wooden stick The foundation of wooden sticks Ground floor

69. Trees. The replacement cost of the 71 mature timber trees was based on prevailing market prices:

Table 17. Rates Applied on Timber Trees

Timber Tree Price per Affected Tree (Rp)

Sengon 1,500,000

Palm 1,000,000

Bunga berkayu 500,000

Acacia 600,000

D. Compensation and Allowances of APs/AHs

70. Compensation for Land. No land will be acquired in the improvement of the Sambas-Tanjung Harapan Road Section. However, there will be temporary use of land during civil works, when the Contractor shall require space for quarry and base camps for its workers. A rental agreement has been made with private landowners and the Contractor using prevailing market rates.

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71. Compensation for Structures. Table 18 shows the total compensation for structures, amounting to IDR 905,948,238.88. The table further shows that in Desa Tambatan, even if with less structures and AHs, the cost is much higher compared to the other 3 villages inasmuch as the structures are of better materials and condition. The cost already has inflation rates for 2014-2016 factored in. Not included in the computation is the security post owned by government, which has a total area 15 m2 - to be replaced by the project. Appendix 4 provides the details by AH and Appendix 5 the photo-documentation of each per location on the road section.

Table 18. Compensation for Affected Structures

Village AHs Structural Area (m2)

Cost for Structures (Rp) No. % Total Area Total Affected

Kartiyasa 22 25.0% 2,441.50 321.60 236,691,180.00 Kubangga 26 29.5% 2,845.00 345.80 269,780,147.00 Tambatan 9 10.2% 2,494.60 122.00 106,081,005.37.00 Sepadu 31 35.2% 1,010.00 373.00 293,395,907.00 TOTAL 88 100.0% 8,791.10 1,162.40 905,948,238.88

72. Compensation for Trees. The affected 71 timber trees are owned by the local government. Based on market price, the estimated cost is IDR 89,600,000.00. All affected tress within the ROW will be replanted through the Garden City. The budget has been allocated in the RAPBD 2016 of Sambas District.

73. Assistance for Income Loss due to Project Impact on Independent Shops. Nine AHs are owners of business structures to be partially affected and will experience temporary loss of income for about 3-7 days. Based on their daily income of about IDR 50,000.00 – 200,000.00 per day, the total amount of assistance for income loss is calculated by pro-rating daily income for 7 days with a computed amount of IDR 12,600,000.00 (See Appendix 6).

E. Income Restoration

74. An income restoration program (IRP) has been agreed as a collaborative effort of the PMU at the DGH, the DGH provincial PJN (National Implementation Road), and the Sambas District Government. The income restoration will be provided to the 52 vulnerable households and the 9 AHs who will temporarily lose business income (See Appendix 7 for Vulnerable HHs). The objectives of the IRP are to help vulnerable HHs and the AHs who temporarily lose business income to re-establish their affected business income and to improve their livelihood condition.

75. A survey was conducted with vulnerable HHs and their members from 8-9 December 2016 by CTC to determine the types of assistance preferred and prioritized by the AHs. Table 19 provides the results (Table shows multiple responses by those surveyed).

Table 19. Expected Types of Training by AHs by Village

No. Type of Training Village Sepadu

Village Kubangga

Village Kartiasa

Village Tambatan

Total

No %

1 Management for Financial Accounting 30 25 19 7 81 33.1%

2 Food Processing 30 25 20 5 80 32.7%

3 Animal Husbandry 10 1 8 6 25 10.2%

4 Management for Small Shop /Warung 9 1 7 7 24 9.8%

5 Workshop / Service Motor / Welding 1 0 4 8 13 5.3%

6 Electronic Service 1 0 3 7 11 4.5%

7 Entrepreneurship 1 0 2 7 10 4.1%

8 Others 0 0 0 1 1 0.4%

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No. Type of Training Village Sepadu

Village Kubangga

Village Kartiasa

Village Tambatan

Total

No %

Total Responses 82 52 63 48 245 100.0%

76. Table 20 shows that the types of training topics most deemed suitable to the needs of AHs are on management of household financial accounting for them to improve on their efforts to address household poverty and vulnerability (33.1%) closely followed by food processing (32.7%). Their preferred modes of training modalities are through direct application of skills learned. Other suggested trainings are on animal husbandry (10.2%), small shop/warung management (9.8%) and other entrepreneurial undertakings. Should the suggested training topics be extended to them, the AHs responded 100% training attendance and utilization and that these will be participated in by both male and female household members.

77. Aside from training, AHs likewise provided suggestions on direct assistance that may be extended them and these are shown in Table 20. There are four areas of livelihood restoration of great interest to the AHs and these are in order of preference: Planting materials (37.1%), working tools (28%), basic needs (24.9%), and livestock (10%). Details of each are identified in the table.

Table 20. Direct Assistance Preferred by AHs by Village

No. Type of Direct Assistance Village Sepadu

Village Kubangga

Village Kartiasa

Village Tambatan

Total

No %

Planting Materials

1 Palm Oil 31 25 20 7 83 22.0%

2 Coconut 29 25 20 8 82 21.8%

3 Pepper 23 23 17 9 72 19.1%

4 Lemon 24 23 16 7 70 18.6%

5 Mango/Guava 24 23 16 7 70 18.6%

Total Responses 131 119 89 38 377 37.1%

Working Tools

1 Tractor/ Ripper 31 25 21 9 86 30.2%

2 Portable Sprayer Tools/Fertilizers and Agricultural Medicine 31 25 20 8 84 29.5%

3 Hoe and sickle 31 25 20 7 83 29.1%

4 Lathe Machine 1 0 6 6 13 4.6%

5 Tools Set for Workshop 0 0 4 7 11 3.9%

6 Air Compressor 0 0 3 5 8 2.8%

Total Responses 94 75 74 42 285 28.0%

Basic Needs (Sembako)

1 Rice 31 25 21 9 86 34.0%

2 Cooking Oil 30 25 20 8 83 32.8%

3 Sugar 30 25 20 6 81 32.0%

4 Bath Room Tools/Cleaning/Closet 0 0 1 2 3 1.2%

Total Responses 91 75 62 25 253 24.9%

Livestock

1 Chicken / Duck 30 25 20 8 83 81.4%

2 Sheep 4 0 2 8 14 13.7%

3 Rabbit 0 0 2 2 4 3.9%

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No. Type of Direct Assistance Village Sepadu

Village Kubangga

Village Kartiasa

Village Tambatan

Total

No %

4 Cat fish/Gurame Fish/Eel/Prawn, etc 0 0 0 1 1 1.0%

Total Responses 34 25 24 19 102 10.0%

GRAND TOTAL 350 294 249 124 1017 100.0%

78. The IRP will be integrated with the local government’s programs for economic empowerment program to the communities to be delivered in 2017. The SES identified that most of the AHs have a small business (shops/stalls) and they have gardens for agriculture production. Based on SES findings the income restoration program will be provided in the form of;

(i) Distribution of livestock breeds such goat and sheep; or (ii) Income restoration trainings on technical training for servicing of motor

vehicles, small business, and livestock skills. These training that include training on the selection of good breeding stock, cultivation of correctly and healthy, and or

(iii) Accompaniment for livestock farming skills and small business of agriculture/ livestock product

79. The distribution of livestock breeds such goat and sheep will be provided by the department of agriculture and animal husbandry District Agency, while training on small business will be delivered by FeAs / Extension worker District Agency. The detailed activities and schedule for the income restoration program will be prepared in 2017 before the program implementation. The CTC resettlement/income restoration program team will closely coordinate with the district agency for the program preparation and implementation. The IRP training will be implemented immediately after the compensation payment is provided or in parallel with the compensation payment. Each the APs/AHs will be provided with twice training and mentoring.

80. In addition, project related jobs will be provided to the vulnerable groups. The CTC will collaborate with the contractor to identify the type of jobs that may be accessible to the vulnerable households. The CTC will provide with the detailed list of vulnerable AHs to the contractors and the contractor then will offer the jobs to these vulnerable AHs. Both man and woman will get the same chance to involve.

81. Table 21 provides the anticipated manpower requirements at construction phase. The table shows that items 17-19 may be open for AHs and amounts to about 276 job items, enough to accommodate the 88 AH heads and their spouses and other household members.

Table 21. Estimated Subproject Manpower Requirement: Construction Phase

No. Position Manpower Requirement 1 General Superintendent 1 2 Site Manager 1 3 Highway Engineer 1 4 Quality Engineer 1 5 Quantity Engineer 1 6 Road Safety Manager 1 7 Surveyor 3 8 Quality Control Manager 1 9 Chief Laboratory 1 10 Foreman 4 11 Lab. Technician 6 12 Drafter 2 13 Technical Administration 2 14 General Administration 3 15 Financial 3

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No. Position Manpower Requirement 16 Logistic 2 17 Warehouse 5 18 Operator /Driver 98 19 Helper 173

TOTAL 309 Source: CTC 2016 - Based on minimum number of equipment and manpower requirement as stipulated in project bidding documents.

82. The planning and implementation of the IRP will be monitored by the DGH (PMU) and, if needed, adjustments in the program will be made to ensure that the participating AHs are able to benefit from the program and improve themselves. The CTC will actively support the PMU in implementing and monitoring the IRP planning and implementation.

F. Special Assistance to Vulnerable Sector

83. The vulnerable sector is a distinct group of people who might suffer more or face the risk of being further marginalized due to the project. Per Law No. 39/1999 on Human Rights (Art 5 elucidation), it specifically includes i) households headed by women, ii) household heads with disabilities, iii) households falling under the regional poverty line, and iv) elderly household heads.

84. Vulnerable AHs are entitled to participate in the income restoration that match their needs. They will also be given preferential opportunity for employment in Project-related jobs. The CTC with the contractor will identify the project related jobs and offer the vulnerable groups with jobs. The district government will give particular assistance during restoration of their affected properties. The project staff and external monitor will ensure that all of the vulnerable households will get all information easily and secure all their compensation and assistance prior to land clearance.

85. Gender Strategy. The August SES identified 11 AHs headed by women (12.5%) living in the 4 villages traversed by the Project. In general, the role of women in Tanjung Harapan - Sambas revolve basically around traditional household reproductive roles, i.e., reproduction or giving birth, taking care of children, food preparation, doing laundry, fetching water, cleaning the house, attending to the needs of the spouse.

86. Information gathered from village leaders and women residents reveal that women are usually not protected in the event they get divorced from their husbands. Land titles are in the husband’s name alone. Thus, married women have difficulties securing loans from banks because land titles, which could be used as collateral, are in the name of the husbands. When divorced, the former husband may opt to bequeath properties as inheritance to the children but not to the wife. Although the National Land Agency has a regulation that allows women of legal age to have properties in their own names, this may be difficult to find in the area. During focus group discussions held in the Project area, married women with 1 hectare or less mentioned that land titles were usually issued in the name of the husband. Land titles could be issued in the name of the wife if the husband agrees to such an arrangement.

87. When women participants in the focus group discussions were asked if they were willing to work during the improvement of the road section, majority said “yes”. They voiced doubts, however, that the contractors would be willing to hire women, especially since they are not skilled. They are willing to be trained, though.

88. The following specific actions seek to address gender issues in the Project:

(i) Both husband or wife will be invited to be present to receive the compensation and other allowances due to the household for affected assets.

(ii) Women will be given equal chance in getting hired for unskilled work and receive equal remuneration for the same work by the men.

(iii) Women will participate in the income restoration program.

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(iv) Special measures will be taken in helping the elderly, disabled and women-headed households reconstruct their affected shops and houses.

(v) Disaggregated monitoring indicators by gender will be developed for monitoring social benefits, economic opportunities, livelihood, and resettlement activities.

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VIII. RP BUDGET

89. Funds for the implementation of the RP are part of the Project budget. Costs have been estimated based on the results of the DMS done by CTC on August 2016. The cost is intended to principally provide DGH and Local Government a basis for calculating the cost of resettlement, particularly compensation for affected assets. Therefore, during the Implementation Stage of land clearing per Land Acquisition Law of 2012, the Dinas PU Cipta Karya in West Kalimantan Province or Sambas District will appoint a licensed property appraiser to do a detailed property appraisal of all affected assets. The results of the work of the property appraiser will be used by the Resettlement Implementation Team in negotiating with AHs the levels of compensation for their affected assets.

90. The cost of resettlement (i.e., compensation and allowances) is borne solely by the Local Government of Sambas District.

91. The Resettlement Implementation Team will ensure that adjustments are made to compensation rates and to other cash entitlements to reflect current market rates when payment of compensation is not done within the year of the conduct of the property appraisal commissioned by the Dinas PU Cipta Karya.

A. Implementation, Administration and Contingency Costs

92. Implementation costs cover payment of allowances and per diem of concerned provincial and district government personnel involved in the preparing and implementation of the RP. Administrative costs and contingencies amounting to 15% each have been added on top of the cost of resettlement. The District Government of Sambas and DGH will ensure that adequate funds are made available as and when necessary for the efficient and timely implementation of this RP.

B. Estimated Costs of Resettlement

93. The estimated cost of resettlement for the Sambas -Tanjung Harapan Road Section is estimated at IDR 2,636,373,329 or USD 197,762.61. The table below provides a breakdown of the resettlement costs distribution of fund sourcing. Appendix 8 provides the breakdown of cost for external monitoring and evaluation.

Table 22. Summary of Estimated Resettlement Costs

Budget Items Total Cost (Rp)

Fund Source IDR USD

I. COMPENSATION 1,325,021,89 99,394.04

A. Structures 1,222,821,894 91,727.69 a. Workshops, kiosks, terraces 905,948,239 67,958.01 Local Government

b. Access/home-road concrete bridge 316,873,655 23,769.68 Project

B. Trees 89,600,000 6,721.18 Local Government C. For temporary loss of business income 12,600,000 945.17 Local Government

II INCOME RESTORATION PROGRAM 104,000,000 7,801.37 Local Government

Income restoration program for vulnerable HHs (52 AHs X 2,000,000)

III EXTERNAL MONITORING & EVALUATION 598,957,590 44,929.68 DGH

SubTotal 2,027,979,484 152,125.08

RP Administrative costs (15% of direct costs) 304,196,923 22,818.76

OVERALL TOTAL 2,332,176,407 174,943.85

Cost contingencies (15% of direct costs) 304,196,923 22,818.76

GRAND TOTAL 2,636,373,329 197,762.61

Note: 1 USD = Rp. 13,331.00

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IX. INSTITUTIONAL ARRANGEMENTS

A. Directorate General of Highways

94. The Directorate General of Highways (DGH) of the Ministry of Public Works and Public Housing is the Executing Agency (EA) of this Project, while the project implementation unit (PIU) is the Satker (Pelaksanaan Jalan Nasional) under Regional Office (Balai) in Province. DGH established a Project Management Unit (PMU)-RRDP headed by Director of Road Network Development (successor Director of Planning). For daily activities, the PMU-RRDP is administered by an Officer in Charge. The PMU will be responsible for the day-to-day management of loan implementation. DGH has an office responsible for social and environment called Sub-directorate on Environment and Road Safety under the Directorate of Road Network Development. The Sub-Directorate of Environment and Road Safety will closely work with the PMU and PIU on matters and activities pertaining to safeguards requirements.

B. District Government

95. As per the Land Acquisition Law of 2012, the Provincial Office of the National Land Agency will constitute the Land Acquisition Implementation Team (LAIT) led by the Head of the Dinas PU Cipta Karya Province or District. Members of the LAIT or Resettlement Implementation Team are: Chief of Section of Right and Inventory Structure of the District PU Cipta Karya; staff, with a minimum rank of Level IV, in the Land Affairs of the Regional Working Units District/City; Camat (head of affected sub-district); Lurah/Kepala Desa (head of affected villages); and head of the local government Sub-section on Land Regulation. The latter also serves as Secretary of LAIT. LAIT will be assisted by a secretariat which will be composed of at least 4 persons who will be appointed by the head of LAIT. PJN, through the Satker, will work closely with the LAIT. The LAIT in Sambas District is headed by the Secretary of the District in lieu of the Bupati of Sambas District. The LAIT will oversee the Implementation Stage of land clearing.

96. The PU Cipta Karya will hand over the documentation of compensation payments of entitled parties to DGH during the Delivery Stage of the land clearing process.

C. Core Team Consultants (CTC)

97. The CTC Safeguards shall assist the DGH/PMU and local authorities in the implementation of the RP specifically in the conduct of internal monitoring, and any other RP-related concerns requiring immediate action.

D. Implementation Schedule of the RP

98. Table 23 summarizes the indicative schedules of the various interrelated activities in relation with the preparation and implementation of the RP

Table 23. Resettlement Schedule

Activities Schedule RP Preparation July 2013- January 2017 Submission to and ADB concurrence of RP January 2017 Distribution of Project information Booklet January 2017 Compensation payment for the affected structures to the AHs February-March 2017 Rebuilding of concrete bridge to the houses and February – May 2017 implementation of the city public garden program June - December 2017 Implementation of Income Restoration Program /Economic Improvement Program

March – August 2017

Internal monitoring (submission of quarterly reports) Ongoing External Monitoring and Evaluation June - December 2017 Post-resettlement implementation evaluation January 2018

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X. MONITORING AND EVALUATION

A. Internal Monitoring

99. The PMU will serve as the Project internal monitoring body. Quarterly reports will be prepared by CTC. The Quarterly RP Monitoring will report the process and progress implementation of RP. The PMU will submit this report to ADB. These progress reports will be submitted to ADB for web posting.

100. Internal monitoring and supervision will look into the following concerns:

(i) Payment of compensation should be completed prior to land clearing activities and civil works.

(ii) Provision of income restoration assistance. (iii) Entitlements of project benefits. (iv) Public consultation and awareness of compensation policy. (v) Restoration of AP productive activities. (vi) Level of satisfaction of APs with various aspects of the RP that includes the

operation of the mechanisms for grievance redress, and the responsiveness of grievance redress.

B. External Monitoring and Evaluation

101. The DGH will hire a qualified external monitoring organization to carry out external monitoring on a semi-annual basis and conduct post-implementation evaluation. The DGH will prepare the terms of reference (TOR) for this purpose; a sample TOR is provided in Appendix 9. Both the TOR of the External Monitoring Organization (EMO) and the selection of the monitor will be referred to ADB for review. The EMO will provide DGH and ADB a copy of its semi-annual monitoring reports. The EMO will likewise conduct a post-RP implementation evaluation study 3 months following the completion of resettlement activities.

102. Major activities of the EMO during each monitoring period include:

(i) Verifying the results of internal monitoring reports prepared by the PMU; (ii) Looking into whether provision of compensation and other agreed forms of

assistance complies with the approved RPs; (iii) Assessing whether supplemental assistance measures have been provided to

severely affected and vulnerable HHs, and the extent to which they have been effective in restoring incomes and living standards for severely affected households;

(iv) Evaluating the effectiveness, impact and sustainable level of resettlement management agencies and procedures;

(v) Proposing, as needed, adjustments in the implementation of the RPs and income restoration measures to improve implementation effectiveness.

(vi) Advise on safeguard compliance issues, and if any significant involuntary resettlement issues are identified, a corrective action plan will be prepared to address the issues.

C. Schedule of Monitoring and Reporting

103. Semi-annual monitoring reports will be prepared for submission to ADB that will include the progress of all activities. The reports should document: (i) the process and the extent of RP implementation, (ii) status updates on the RP monitoring indicators, and (iii) any unforeseen changes or impacts on AHs from the project. It is anticipated that impacts may occur even after the subproject is completed, particularly the indirect impacts. Monitoring will therefore continue for two years after loan closure or until any major concerns have been reasonably addressed.

1

Resettlement Plan

Document: RP

Document stage: For approval by the Government of Indonesia and Asian Development Bank

January 2017

Project number: 2817-INO

INO: Regional Roads Development Project (RRDP)

Section: Sambas – Tanjung Harapan Road (Missing Link 12.3 KM), West Kalimantan Volume 2, Appendices

Prepared by the Ministry of Public Works and Housing through the Directorate General of Highways for the Asian Development Bank.

The Resettlement Plan is a document prepared by the Government of Indonesia as a borrower. Policies in this document are formulated after receiving input from various parties associated with land acquisition policy and resettlement in Indonesia and do not reflect the views of the Board of Directors, Management, or staff of Asian Development Bank. This document can be viewed in full on the website of the Asian Development Bank in the "Terms of Use".

In preparing the program, strategy, project funding, or by using the name or reference to a particular territory or geographic area in this document, Asian Development Bank will not make any judgment on the legal or other status of any territory or area.

2

Appendix List

Appendix 1: DMS and SES Instruments .............................................................................................. 3

Appendix 2: SES Results ......................................................................................................................... 10

Appendix 3: Project Information Booklet.......................................................................................... 16

Appendix 4: Affected Structures by AH, Village and Costs ...................................................... 20

Appendix 5: Photo-documentation of Structural Losses By Location ................................ 23

Appendix 6: List of Vulnerable HHS .................................................................................................... 24

Appendix 7: List of 9 AHs Due to Temporary Loss of Business ............................................ 26

Appendix 8: Estimates for Cost of External Monitoring and Evaluation ............................ 27

Appendix 9: Sample TOR for External Monitoring and Evaluation ....................................... 28

Appendix 10: Local Government Programme Fiscal Year 2017 ............................................ 31

3

APPENDIX 1: DMS AND SES INSTRUMENTS

Regional Roads Development Project (RRDP)

SURVEYOR :.......................................

Implementation ofLand Acquisition and Resettlement

Action Plan (LARAP) S t u d y

KUESIONER SOSIAL EKONOMI

Tanggal Pengisian : …….. / …….. / ........... Jam Mulai : ……….. Jam Berakhir : ………..

KodeKuesioner

Propinsi:

Kab./Kota :

Kecamatan : .................................................

Kelurahan/Desa: ..........................................

Nomor Responden ........................................

Lokasi bangunan yang akan terkena Dampak pada ROW Plan STA: ....................................... (sesuaikan dengan Peta ROW jika ada)

Posisi Tanah Pada ROW Plan

� ....Kiri � ...Kanan

(lihat Peta ROW, Patokan KIRI atau KANAN dilihat dari STA 0+000.)

A. PROFIL RESPONDEN

A.1. NamaKepalaKeluarga ................................................................................................................... A.1

A.2. Nama Responden ................................................................................................................... A.2

A.3. JenisKelamin �Laki-Laki A3

�Perempuan

A.4. Alamat Tempat Tinggal Jl. ............................................................................................................... ...................................................................................................................RT ……. / RW ……. Dusun. …………..

A. 4

A.5. Alamat Tempat Kerja Jl. ............................................................................................................... ...................................................................................................................RT ……. / RW ……. Dusun. …………..

A.5

A.6. Usia �< 20 tahun A.6

� 20 – 30 tahun

� 31 – 40 tahun

� 41 – 50 tahun � 51 – 55 tahun

�> 55 tahun

A.7. Kondisi Fisik � Cacat � Normal A.7

A.8. Suku Bangsa/Ethnic �Jawa � Dayak � Bugis � Makasar � Sunda �Melayu � Batak

A.9. Agama �Islam � Kristen � Katolik � Budha � Hindu � Kong Hu tju

4

A.10. Status Perkawinan �Kawin� Belum Kawin � Duda � Janda � Tidak Kawin

A.11. Jumlah anggota Keluarga �< 3 orang A.8

� 3 – 5 orang

� 6 -10 orang �> 10 orang

A.12. Pendidikan

Terakhir �Tidak Sekolah �Akademi (D1, D2, D3) A.9

� SD / MI / Sederajat �Sarjana (S1)

� SLTP / MTs / Sederajat �PascaSarjana (S2, S3) � SLTA / MA / Sederajat

A.13. Lama tinggal di

kelurahan/Desa ini …………………………..Tahun. A.10

�< 2 tahun

� 2 – 5 tahun � 6 – 10 tahun

�> 10 tahun

A.14. Status Kependudukan

�PendudukAsli A.11

�PendudukPendatang

B. DATA EKONOMI RUMAH TANGGA

B.1. Pekerjaan Utama Responden (Kepala Rumah Tangga)

........................................................... B.1

� Pegawai Negeri / ABRI �Pedagang

� Pegawai Swasta �Pengemudi/Sopir

� Petani/Peternak Ibu Rumah Tangga

�Nelayan Bapak Rumah Tangga

�Wiraswasta Tidak Bekerja

�Buruh Lainnya (Salon, Bengkel, dll)

B.2. Jarak Ke tempat Kerja ……….. Km. B.2

�0,5 Km � 2 – 5 km

�0,5 Km – 1 km � 5 – 10 km

� 1 – 2 km �> 10 km

B.3. Alat transportasi Ke dan dari tempat Kerja

……….. ............................................ B.3

�Tidak ada/jalan kaki �Angkutan umum

�Sepeda � Motor kantor

�Sepeda motor pribadi � Mobil kantor

� Mobil pribadi �Lainnya……..

B.4. Berapa orang yang bekerja dan bertindak sebagai sumber nafkah bagi anggota keluarga lainnya?

� 1 orang � 4 orang B.4

� 2 orang �> 4 orang

� 3 orang

B.5. Berapakah rata-rata pendapatan rumah tangga per bulan.

Rp. ………………………………………… B.5

�<Rp 350.000,00 � Rp 2.001.000–3.000.000

�Rp 350.000–900.000, �Rp 3.001.000–5.000.000

�Rp 901.000–1.500.000, �>Rp 5.000.000

� Rp 1.501.000–2.000.000

B.6. Berapakah rata-rata pengeluaran rumah tangga

Rp. ………………………………………….. B.6

�< Rp 350.000 � Rp 1.001.000–1.500.000

11

12

5

untuk kebutuhan makanan dan Non Makanan per-bulan?

�Rp 350.000–500.000 � Rp 1.501.000– 2.000.000

� Rp 501.000– 750.000 �> Rp 2.000.000

� Rp 751.000–1.000.000

C. DATA KONDISI TANAH

C.1. Luas Tanah keseluruhan yang berada di kawasan yang akan terkena rencana pembangunan/peningkatan jalan?

…………………………………….., M2

(kalau bias dicamtumkan Panjang dan Lebar Tanah) Panjang: …………….m, Lebar: …………………………m

C.1

C.2. Luas tanah yang akan terkena rencana proyek pembangunan/peningkatan jalan?

………………………………………, M2

(kalau bias dicamtumkan Panjang & Lebar Tanah yg akan terkena proyek) Panjang: …………….m, Lebar: …………………………m

C.2

C.3. Apa status tanah (tanda bukti kepemilikan atau penggunaan tanah)?

�Sertifikat Hak Milik � Tanah ulayat / adat C.3

� Girik/Letter C � Tidak ada surat-surat

� Hak Guna Bangunan � Lainnya : …………………

C.4. Untuk apakah pemanfaatan tanah Bapak/Ibu yang berada di Kawasan terkena rencana Pembangunan/peningkatan jalan?

…………………………………………………………………………………..

�Sawah C.4

�Kebun

�Hunian

�Hunian dan Bangunan Usaha

�Bangunan untuk usaha (Warung, Toko, Pabrik, Gudang, dll)

�Belum dimanfaatkan/Tanah kosong.

�Lainnya………………………………….

C.5. Selain di tempat ini, apakah bapak/ibu memiliki tanah di tempat lain?

�Ya, luasnya: …………………………………. M2 C.5

�Tidak..........(Lanjut ke D.1)

C.6. Jika Ya, dimanakah lokasi tanah tersebut?

� Di kelurahan/desa yang sama. C.6

� Di kelurahan/desa lain tetapi dalam kecamatan yang sama

� Di kecamatan lain tetapi dalam kab./kota yang sama

� Di kab./kota lain tetapi dalam propinsi yang sama

� Di propinsi lain

D. DATA KONDISI BANGUNAN DAN KETERSEDIAAN PRASARANA DAN SARANA DASAR

Pertanyaan-pertanyaan tentang DATA KONDISI BANGUNAN ini diajukan JIKA tanah responden yang berada di kawasan terkena rencana pembangunan jalan dimanfaatkan untuk bangunan (rumah, ruko, gudang, dll)

D.1. Apakah Ada Bangunan di atas tanah yang akan terkena rencana pembangunan jalan?

� Ada. D.1

� Tidak Ada (Lanjut ke E.1)

D.2. Pemanfaatan Bangunan? �Hanya untuk tempat tinggal D.2

� Tempat tinggal dan tempat usaha

6

�Hanya untuk tempat usaha

�Lainnya. ………………………..

D.3. Luas bangunan yang berada di kawasan terkena rencana pembangunan/peningkatan jalan?

D.3

……………………………….M2

(kalau bias dicamtumkan Panjang dan Lebar Bangunan)

Panjang: …………….m, Lebar: …………………………m

D.4. Berapakah luas bangunan bapak/ibu yang akan terkena rencana pembangunan jalan?

D.4

……………………………….M2

(kalau bias dicamtumkan Panjang & Lebar Bangunan yg akan terkena Proyek) Panjang: …………….m, Lebar: …………………………m

D.5. Kepemilikan Izin Mendirikan Bangunan?

� Ada Izin Mendirikan Bangunan (IMB) D.5

� Tidak ada IMB.

D.6. Kondisi bangunan ? �Permanen � Semi Permanen D.6

�Darurat/Sementara

D.7. Berapakah harga Bangunan bapak/ibu tersebut per meter-nya?

�Harga Menurut NJOP: Rp …………………………………. M2 D.7

(harap dilengkapi dengan fotokopi PBB)

�Harga Pasar: Rp. ..................................................M2

(Harga menurut perkiraan responden)

D.8. Sumber Penerangan? �Sambungan listrik PLN langsung D.8

� Sambungan listrik PLN dari tetangga

�Sambungan listrik non PLN

�Petromak/Pelita/Lilin

D.9. Jenis sumber air untuk keperluan minum/ Memasak ?

�Saluran PDAM sendiri �Sumur dalam D.9

�Kran/Hidranumum � Sungai / Kali / Danau

� Terminal Air � Mata air

�Membeli air galon / pikulan PAH (Penampung Air Hujan)

�Sumur dangkal Lainnya . …………………

D.10. Bentuk Kompensasi yang diharapkan untuk Bangunan?

...................................................................................

E. DATA ASSET LAIN YANG AKAN TERKENA PEMBEBASAN

Pertanyaan ini ditujukan untuk mengetahui jenis dan jumlah asset lain yang dimiliki oleh calon WTP yang akan terkena pembebasan.

E.1. Apakah Ada PAGAR yang akan terkena Pembebasan?

� Ada. E.1

� Tidak Ada (Lanjut ke E.2)

E.1.1. Jenis Pagar yang Akan terkena (contoh: Pagar Kayu, Pagar Tembok, Pagar Besi, dll) ...................................................... E.1.2. Panjang Pagar keseluruhan ............................. M2 E.1.3. Panjang Pagar yang akan terkena ............................. M2 E.1.4. Panjang Pagar yang tersisa ............................. M2 E.1.5. Biaya Modal Per Meter (Biaya

pembangunan pagar) Rp. ……………………………….

E.1.6. Bentuk Kompensasi yang .....................................................................

7

diharapkan untuk Pagar?

E.2. Apakah Ada TANAMAN yang akan terkena Pembebasan?

� Ada. (sebutkan jenis tanaman yang terkena pada poin E.2.1 – E.2.5)

E.2

� Tidak Ada (Lanjut ke E.3)

Jenis Tanaman Jumlah Ukuran (diameter) Perkiraan Harga

per tanaman (Rp)

E.2.1. ....................................................

E.2.2. ....................................................

E.2.3. ....................................................

E.2.4. ....................................................

E.2.5. ....................................................

E.2.6. ....................................................

E.2.7. ....................................................

E.2.8. Kompensasi yang diharapkan untuk tanaman? .....................................................................

E.3. Apakah Ada ASSET LAIN (Selain tanah, bangunan, pagar, atau tanaman) yang akan terkena Pembebasan?

� Ada. E.3

� Tidak Ada (Lanjut ke F.1)

Jenis Asset Jumlah Ukuran Perkiraan Harga

(Rp) E.3.1. Air Bersih (jaringan air bersih,

sumur, Pipa air bersih, dll)

E.3.2. Listrik (Instalasi) E.3.3. Telpon (instalasi) E.3.4. ................................................. E.3.5. .................................................. E.3.6. Bentuk Kompensasi yang

diharapkan untuk Asset Lain? ....................................................................

F. AKSES TERHADAP FASILITAS UMUM DAN FASILITAS SOSIAL

F.1. Akses terhadap fasilitas pendidikan

JenisFasilitasPendidikan JarakdariTempatTinggal (Km) F.1

Taman Kanak-Kanak (TK)

Sekolah Dasar (SD)

SMP

SMU

Perguruan Tinggi

F.2. Akses terhadap Fasilitas Kesehatan

Jenis Fasilitas Kesehatan Jarak dari TempatTinggal F.2

PUSKESMAS

POLIKLINIK

RUMAH SAKIT

F.3. Akses terhadap Fasilitas Ibadah

Jenis Fasilitas Ibadah Jarak dari Tempat Tinggal F.3

Mushalla

Mesjid

Gereja

8

................................................

................................................

F.4. Akses terhadap Fasilitas Olahraga

Jenis Fasilitas Olah Raga Jarak dari Tempat Tinggal F.4

Lapangan Sepakbola

LapanganVoli

................................................

F.5. Akses terhadap Fasilitas Lainnya

Jenis Fasilitas Lainnya Jarak dari Tempat Tinggal F.5

Terminal

Jalan Aspal

Pasar Terdekat

................................................

G. PERSEPSI DAN ASPIRASI MASYARAKAT

Pertanyaan-pertanyaan tentang Persepsi dan Aspirasi ini berkaitan erat dengan tingkat pengetahuan masyarakat tentang adanya rencana pembangunan/peningkatan jalan dan harapan-harapan terkait dengan proses pembangunan jalan.

G.1. Apakah Bapak/Ibu sudah mengetahui tentang adanya rencana pembangunan jalan ini?

�Sudah G.1

�Belum (Lanjut ke G-5)

G.2. Jika SUDAH MENGETAHUI, dari mana sumber informasinya?

�Dari pihak Pemerintah Daerah G.2

� Dari Kantor Kepala Desa/Lurah

� Dari Media massa (koran, majalah, televisi, radio)

�Dari forum pertemuan warga

� Dari tetangga

�Lainnya. ………………………

G.3. Sejauh yang Bapak/ibu ketahui, apakah Pemerintah sudah Pernah melakukan sosialisasi tentang rencana pembangunan/peningkatan Jalan ini?

G.3

�Sudah pernah

�Belum Pernah (Lanjut ke G-5)

� Tidak Tahu (Lanjut ke G-5)

G.4. Apakah pemerintah sudah pernah melakukan musyawarah terkait dengan pembebasan lahan untuk pembangunan/peningkatan jalan ini?

G.4

�Sudah pernah

� Belum Pernah � Tidak Tahu

G.5. Menurut Bapak/Ibu, Apa saja KEUNTUNGAN YANG AKAN DIRASAKAN DENGAN ADANYA PEMBANGUNAN JALAN?

(Jawaban boleh lebih dari satu)

G.5

� Mempercepat dan mempermudah akses

� Meningkatkan perekonomian

�Mengurangi resiko terjadinya kecelakaan

�Jalan tidak berdebu di musim panas dan berlumpur di musim hujan

� …………………………………………………………............

� …………………………………………………………………….

�…………………………………………………………………………………

G.6. Menurut Bapak/Ibu, Apa saja

G.6

9

KERUGIAN YANG AKAN DIRASAKAN DENGAN ADANYA PEMBANGUNAN JALAN?

�Tidak ada kerugiannya

�Karena terkena pembebasan, lahan menjadi berkurang

�Potensi kecelakaan menjadi tinggi

� ………………………………………………………………………….

� ……………………………………………………………..

� ………………………………………………………………..

� ………………………………………………………………………………

G.7. Usulan yang ingin disampaikan terkait dengan pembangunan/peningkatan jalan

No TENTANG USULAN 1 CARA PERHITUNGAN

KOMPENSASI/ PENGGANTIAN

2 CARA PEMBERIAN KOMPENSASI/ PENGGANTIAN

3 JIKA JALAN AKAN DIBANGUN/DITINGKATKAN

4 JIKA JALAN SUDAH DIBANGUN/ DITINGKATKAN

Catatan : Mengenai harga NJOP, dan Harga Pasar Tanah tidak dimasukkan dalam kuesioner ini karna mengacu atas kesepakatan, bahwa tanah/lahan tidak mendapat penggantian berupauang. Dan kompensasi yang akan diterima oleh Warga Terkena Proyek (WTP) adalah berupa Program yang ada dimasing-masing Kabupaten/Kota.

--- TerimaKasih ----

10

APPENDIX 2: SES RESULTS

Marital Status, Age, and Physical Condition of AH Heads

Village/Gender of AH Head

Marital Status Age Physical Condition Totals

Married Single Widow Sub-total < 55 55 &

above Sub-total Normal Disabled Subtotal N %

Kubangga 25 1 0 26 24 2 26 25 1 26 26 29.5%

Male 22 1 0 23 21 2 23 22 1 23 23 88.5%

Female 3 0 0 3 3 0 3 3 0 3 3 11.5%

Sepadu 29 2 0 31 22 9 31 29 2 31 31 35.2%

Male 27 1 0 28 19 9 28 26 2 28 28 90.3%

Female 2 1 0 3 3 0 3 3 0 3 3 9.7%

Tambatan 6 1 2 9 6 4 10 10 0 10 10 11.4%

Male 5 1 0 6 6 1 7 7 0 7 7 70.0%

Female 1 0 2 3 0 3 3 3 0 3 3 30.0%

Kartiasa 22 0 0 22 15 7 22 21 1 22 22 25.0%

Male 19 0 0 19 12 7 19 19 0 19 19 86.4%

Female 3 0 0 3 3 0 3 2 1 3 3 13.6%

Grand Total 82 4 2 88 67 21 88 84 4 88 88 100.0%

Percentage 93.2% 4.5% 2.3% 100.0% 76.1% 23.9% 100.0% 95.5% 4.5% 100.0% 100.0%

Educational Attainment of AH Heads

Village/Gender of AH Head

No School

Elementary Junior High

School Senior High

School Diploma Degree

University Masteral Degree

Total

N %

Kubangga 0 11 8 7 2 3 0 31 35.2%

Male 0 11 6 7 2 2 0 28

Female 0 0 2 0 0 1 0 3

Sepadu 2 10 4 8 0 2 0 26 29.5%

Male 1 10 3 8 0 1 0 23

Female 1 0 1 0 0 1 0 3

Tambatan 1 2 5 1 0 0 0 9 10.2%

Male 0 1 4 1 0 0 0 6

Female 1 1 1 0 0 0 0 3

Kartiasa 0 9 8 4 0 0 1 22 25.0%

Male 0 9 8 1 0 0 1 19

Female 0 0 0 3 0 0 0 3

Grand Total 3 32 25 20 2 5 1 88 100.0%

Percentage 3.4% 36.4% 28.4% 22.7% 2.3% 5.7% 1.1% 100.0%

11

Persons Living with the AHs and Number of Gainfully Employed

Village/ Gender of AH Head

Number of Persons Living with AH Number of Gainfully Employed Members of AH

<3 3-5 6-10 >10 Total % 1 2 3 4 Total %

Kubangga 2 15 8 1 26 27.7% 8 18 0 0 26 29.5%

Male 2 14 6 1 23 8 15 0 0 23

Female 0 1 2 0 3 0 3 0 0 3

Sepadu 12 12 12 1 37 39.4% 11 17 2 1 31 35.2%

Male 11 11 11 1 34 10 15 2 1 28

Female 1 1 1 0 3 1 2 0 0 3

Tambatan 2 4 3 0 9 9.6% 6 3 0 0 9 10.2%

Male 0 3 3 0 6 4 2 0 0 6

Female 2 1 0 0 3 2 1 0 0 3

Kartiasa 2 14 5 1 22 23.4% 9 10 3 0 22 25.0%

Male 2 12 4 1 19 7 8 3 0 18

Female 0 2 1 0 3 2 2 0 0 4

Total 18 45 28 3 94 100.0% 34 48 5 1 88 100.0%

% 19.1% 47.9% 29.8% 3.2% 100.0% 38.6% 54.5% 5.7% 1.1% 100.0%

Primary Occupation of AH Heads Gender of AH

Head Govt

Emp/Army Private

Employment Farming

Entrepreneur/ Self-employed

Housewife Total

N %

Kubangga 0 3 4 16 2 25 28.7%

Male 0 2 4 15 0 21

Female 0 1 0 1 2 4

Sepadu 4 2 8 17 0 31 35.6%

Male 3 2 8 15 0 28

Female 1 0 0 2 0 3

Tambatan 0 0 4 5 0 9 10.3%

Male 0 0 3 3 0 6

Female 0 0 1 2 0 3

Kartiasa 3 1 1 17 0 22 25.3%

Male 3 1 1 14 0 19

Female 0 0 0 3 0 3

Grand Total 7 6 17 55 2 87 100.0%

Percentage 8.0% 6.9% 19.5% 63.2% 2.3% 100.0%

Combined Monthly Income of AHs

Village/ Gender of AH Head ≤IDR UMR =UMR ≥ UMR Totals

N %

Kubangga 10 1 15 26 29.2%

Male-headed 9 1 13 23

Female-headed 1 0 2 3

12

Village/ Gender of AH Head ≤IDR UMR =UMR ≥ UMR Totals

N %

Sepadu 13 8 11 32 36.0%

Male-headed 11 8 10 29

Female-headed 2 0 1 3

Tambatan 6 3 0 9 10.1%

Male-headed 4 2 0 6

Female-headed 2 1 0 3

Kartiasa 7 1 14 22 24.7%

Male-headed 7 0 12 19

Female-headed 0 1 2 3

Grand Total 36 13 40 89 100.0%

Percentage 40.4% 14.6% 44.9% 100.0%

Location of Medical Facilities vis-à-vis Location of AHs Village/ Gender of AH

Head Same village

of AH Another village,

same sub-district

Totals

N %

Kubangga 0 26 26 29.5%

Male-headed 0 23 23

Female-headed 0 3 3

Sepadu 0 31 31 35.2%

Male-headed 0 28 28

Female-headed 0 3 3

Tambatan 0 9 9 10.2%

Male-headed 0 6 6

Female-headed 0 3 3

Kartiasa 22 0 22 25.0%

Male-headed 19 0 19

Female-headed 3 0 3

Total 22 66 88 100.0%

Percent 25.0% 75.0% 100.0%

Main Source of Potable Water of AHs Village / Gender

of AH Head Pumpwell Well Indept River/lake Rain water

Total

N %

Kubangga 3 0 0 26 29 30.5%

Male-headed 3 0 0 23 26

Female-headed 0 0 0 3 3

Sepadu 1 1 0 31 33 34.7%

Male-headed 0 1 0 28 29

Female-headed 1 0 0 3 4

Tambatan 1 0 1 9 11 11.6%

13

Village / Gender of AH Head

Pumpwell Well Indept River/lake Rain water Total

N %

Male-headed 1 0 1 6 8

Female-headed 0 0 0 3 3

Kartiasa 0 0 0 22 22 23.2%

Male-headed 0 0 0 19 19

Female-headed 0 0 0 3 3

Total 5 1 1 88 95 100.0%

Percent 5.3% 1.1% 1.1% 92.6% 100.0%

Note: Multiple sources of water for some households.

Awareness of AHs about the Project

Response Male-

headed AH Female-

headed AH

Total

N %

Kubangga 64 8 72 27.2%

1. Positive 56 7 63 87.5%

a. Accelerate and facilitate access 23 3 26 41.3%

b. Improve the economy 15 2 17 27.0%

c. The road is not dusty during the dry season and muddy during the rainy season

17 2 19 30.2%

d. Land prices appreciate 1 0 1 1.6%

2. Negative 8 1 9 12.5%

a. Land to be reduced 2 1 3 33.3%

b. Potential high crash (Potensi kecelakaan tinggi) 6 0 6 66.7%

Sepadu 90 8 98 37.0%

1. Positive 79 5 84 85.7%

a. Accelerate and facilitate access 27 2 29 34.5%

b. Improve the economy 23 3 26 31.0%

c. The road is not dusty during the dry season and muddy during the rainy season

27 0 27 32.1%

d. Land prices appreciate 1 0 1 1.2%

e. Better health 1 0 1 1.2%

2. Negative 11 3 14 14.3%

a. Land to be reduced 6 2 8 57.1%

b. Potential high crash 5 1 6 42.9%

Tambatan 24 10 34 12.8%

1. Positive 17 7 24 70.6%

a. Accelerate and facilitate access 6 3 9 37.5%

b. Improve the economy 5 1 6 25.0%

c. The road is not dusty during the dry season and muddy during the rainy season

6 3 9 37.5%

2. Negative 7 3 10 29.4%

a. Land to be reduced 3 3 6 60.0%

b. Potential high crash 4 0 4 40.0%

Kartiasa 53 8 61 23.0%

1. Positive 41 6 47 77.0%

a. Accelerate and facilitate access 18 2 20 42.6%

b. Improve the economy 10 2 12 25.5%

c. Reduce the risk of accidents 1 0 1 2.1%

14

Response Male- Female- Total

d. The road is not dusty during the dry season and muddy during the rainy season

11 2 13 27.7%

e. Better health 1 0 1 2.1%

2. Negative 12 2 14 23.0%

a. Land to be reduced 3 0 3 21.4%

b. Potential high crash 7 0 7 50.0%

c. Exposed to air pollution 2 2 4 28.6%

Total 231 34 265 100.0%

Percent 87.2% 12.8% 100.0%

Suggestions on Ensuring AHs are Informed and their Opinions Considered

Suggestions Male-

headed AH Female-

headed AH Total

Kubangga 3 1 4

1. Set-up a body to receive inputs and complaints 2 1 3

2. Hold consultations with AHs 1 0 1

Sepadu 4 0 4

1. Set-up a body to receive inputs and complaints 3 0 3

2. No answer 1 0 1

Tambatan 1 1 2

1. No answer 1 1 2

Kartiasa 2 0 2

1. Set-up a body to receive inputs and complaints 1 0 1

2. No answer 1 0 1

Total 10 2 12

Suggested Procedures for Addressing Grievances Response Male-headed AH Female-headed AH Total

Kubangga

1. Suggested channel:

a. Local government 0 1 1

b. Village chief 1 0 1

c. Establish a body for complaints 2 0 2

2. Suggested means:

a. Verbal 2 0 2

b. Written 1 1 2

3. Suggested next level:

a. Project Leader 1 1 2

b. Contractor 2 0 2

Sepadu

1. Suggested channel:

a. Village chief 3 0 3

b. Establish a body for complaints 1 0 1

2. Suggested means:

a. Verbal 4 0 4

b. Written 0 0 0

3. Suggested next level:

a. Project Leader 4 0 4

Tambatan

1. Suggested channel:

a. Village chief 1 1 2

2. Suggested means:

15

Response Male-headed AH Female-headed AH Total

a. Verbal 0 1 1

b. Written 1 0 1

3. Suggested next level:

a. Project Leader 1 1 2

Kartiasa

1. Suggested channel:

a. Village chief 2 0 2

2. Suggested means:

a. Verbal 2 0 2

b. Written 0

3. Suggested next level:

a. Project Leader 2 0 2

16

APPENDIX 3: PROJECT INFORMATION BOOKLET

(Bahasa version also available)

APPENDIX 11

PROJECT INFORMATION BOOKLET

ADB 2817- INO : Regional Roads Devel-

opment Project ( Sambas – Tanjung

Harapan Road Section

(West Kalimantan)

Sambas-Tanjung Harapan Road Section

length is 12.3 km located in the Sambas

District, West Kalimantan Province. The

point will be start at Tebas-Sambas By-

pass Road leading to Singkawang ema-

nates from the Sambas-Tanjung Harapan

Road Section covered 4 villages, there

are Kartiasa village, Sambas Sub-district

and another three village at Teluk

keramat Sub-district called Kubangga

village, Tambatan village and Sepadu

village. The Project road section follows

a northwestern direction and ends at

the point where the Simpang 3 - Aruk

Road Section emanates from the Sam-

bas - Tanjung Harapan Road Section. The

end of the road section Project is about

80 km from the Malaysia border.

The Project road section crosses the vil-

lage of Kartiasa in Sambas Sub-district;

and the villages of Kubangga, Tambatan,

and Sepadu in Teluk Keramat Sub-

district. These villages are rural farming

communities and part of them as small

business enterpreneur. The topography

of the areas traversed by the road sec-

tio

n

is flat. An open earth canal is found

on each side of the road. The existing

carriageway is 4.5 m with 1 - 2.5 m

shoulder on each side, while the existing

ROW is about 15 m wide .

Category of Im-

pacts/Losses Project Entitlements

Non-land Assets

Loss of main

structures

(houses, offic-

es, independ-

ent shops) and

secondary

structures

(fences, drive-

ways, extended

eaves, sheds,

etc.)

Compensation at full reorganize cost will be determined

based technical prices of survey result by DInas PU Cipta

Karya Sambas District.

For partial ly affected structures, the cost of repairing the

residual unaffected portion of the structure in addition

to the compensation at replacement cost for the affect-

ed portio

n

of the same.

Consistent with the principle of compensation at full re-

placement cost, no depreciation should be applied in the

compensation for affected structures .

The value of salvageable materials will not be deducted

from the compensation at full reorganize cost that will

be paid to the AP/AH for affected structures.

If the impact on main the structure is more than 50%,

the entire structure will be acquired at full replacement

cost.

If the impact on the main structure is less than 50% but

will compromise the stability of the residual area of the

main structure, i.e., structurally not stable, then the Pro-

ject will acquire the entire structure at full replacement

cost.

1 month advance notice after receiving compensation on

the date they have to demolish their affected secondary

structures.

1 monts advance notice after receiving compensation on

the date they have to re-organize their affected main

structures

17

18

19

20

APPENDIX 4: AFFECTED STRUCTURES BY AH, VILLAGE AND COSTS

NO STA NAMA

PEMILIK Luas (M2)

Harga Studi RCS

(Rp.)

Total Kompensasi

(Rp.)

With 2014 inflation rate

(8.36%)

With 2015 inflation rate

(3.35%)

With 2016 inflation rate

(4.70%)

GRAND TOTAL KOMPENSASI

DESA KARTIYASA

1 1+625 SMN 4.50 675,000 3,037,500 3,291,435 3,401,698 3,561,578 3,561,578

2 1+625 SMN 9.00 643,000 5,787,000 6,270,793 6,480,865 6,785,465 6,785,465

3 1+630 ERN 17.50 643,000 11,252,500 12,193,209 12,601,682 13,193,961 13,193,961

4 1+640 HNN 24.00 643,000 15,432,000 16,722,115 17,282,306 18,094,574 18,094,574

5 1+665 BSR 27.00 643,000 17,361,000 18,812,380 19,442,594 20,356,396 20,356,396

6 2+250 LL 10.50 675,000 7,087,500 7,680,015 7,937,296 8,310,348 8,310,348

7 2+925 BSM 7.00 675,000 4,725,000 5,120,010 5,291,530 5,540,232 5,540,232

8 3+150 JR 30.00 675,000 20,250,000 21,942,900 22,677,987 23,743,853 23,743,853

9 3+200 BRH 9.00 643,000 5,787,000 6,270,793 6,480,865 6,785,465 6,785,465

10 3+397 DST 9.00 643,000 5,787,000 6,270,793 6,480,865 6,785,465 6,785,465

11 3+452 MYT 12.00 530,250 6,363,000 6,894,947 7,125,928 7,460,846 7,460,846

12 3+842 TWM 4.00 643,000 2,572,000 2,787,019 2,880,384 3,015,762 3,015,762

13 3+875 H. AN 16.00 530,250 8,484,000 9,193,262 9,501,237 9,947,795 9,947,795

14 3+897 MLN 14.00 530,250 7,423,500 8,044,105 8,313,582 8,704,320 8,704,320

15 4+000 RML / AW 10.50 530,250 5,567,625 6,033,078 6,235,187 6,528,240 6,528,240

16 4+025 AMD (Rt) 6.00 643,000 3,858,000 4,180,529 4,320,577 4,523,644 4,523,644

17 4+115 H SMR 9.00 530,250 4,772,250 5,171,210 5,344,446 5,595,635 5,595,635

18 4+186 BHR 35.10 675,000 23,692,500 25,673,193 26,533,245 27,780,307 27,780,307

19 4+190 SBR 12.00 643,000 7,716,000 8,361,058 8,641,153 9,047,287 9,047,287

20 4+190 NHT 12.00 643,000 7,716,000 8,361,058 8,641,153 9,047,287 9,047,287

21 4+200 NZF/ EY 28.50 675,000 19,237,500 20,845,755 21,544,088 22,556,660 22,556,660

22 4+365 KSN 15.00 530,250 7,953,750 8,618,684 8,907,409 9,326,058 9,326,058

TOTALS 321.60

201,862,625 218,738,340 226,066,075 236,691,180 236,691,180

DESA KUBANGGA

1 4+468 HMT 13.50 643,000 8,680,500 9,406,190 10,192,547 11,044,644 11,044,644

2 4+473 Kades AMD 5.00 643,000 3,215,000 3,483,774 3,775,018 4,090,609 4,090,609

3 4+650 JND 12.00 643,000 7,716,000 8,361,058 9,060,042 9,817,462 9,817,462

4 4+700 HJK 9.00 643,000 5,787,000 6,270,793 6,795,032 7,363,096 7,363,096

5 4+700 YYN 8.00 643,000 5,144,000 5,574,038 6,040,028 6,544,974 6,544,974

6 4+800 GFR 6.00 643,000 3,858,000 4,180,529 4,530,021 4,908,731 4,908,731

7 4+885 RSD 12.00 643,000 7,716,000 8,361,058 9,060,042 9,817,462 9,817,462

8 4+897 ABN 12.00 530,250 6,363,000 6,894,947 7,471,364 8,095,970 8,095,970

9 4+902 HRS 12.00 643,000 7,716,000 8,361,058 9,060,042 9,817,462 9,817,462

10 4+925 HKM 16.80 643,000 10,802,400 11,705,481 12,684,059 13,744,446 13,744,446

11 5+415 ARY 22.50 530,250 11,930,625 12,928,025 14,008,808 15,179,945 15,179,945

12 5+142 APLD 18.00 643,000 11,574,000 12,541,586 13,590,063 14,726,192 14,726,192

13 5+200 SPN 15.00 643,000 9,645,000 10,451,322 11,325,053 12,271,827 12,271,827

14 5+400 YTM 9.00 643,000 5,787,000 6,270,793 6,795,032 7,363,096 7,363,096

15 5+585 MLN 12.00 530,250 6,363,000 6,894,947 7,471,364 8,095,970 8,095,970

21

NO STA NAMA

PEMILIK Luas (M2)

Harga Studi RCS

(Rp.)

Total Kompensasi

(Rp.)

With 2014 inflation rate

(8.36%)

With 2015 inflation rate

(3.35%)

With 2016 inflation rate

(4.70%)

GRAND TOTAL KOMPENSASI

16 5+603 RB 12.00 643,000 7,716,000 8,361,058 9,060,042 9,817,462 9,817,462

17 5+800 AO 24.00 530,250 12,726,000 13,789,894 14,942,729 16,191,941 16,191,941

18 5+467 AO 21.00 643,000 13,503,000 14,631,851 15,855,074 17,180,558 17,180,558

19 5+850 JMD 16.00 643,000 10,288,000 11,148,077 12,080,056 13,089,949 13,089,949

20 6+000 HW 21.00 643,000 13,503,000 14,631,851 15,855,074 17,180,558 17,180,558

21 6+250 JKR 5.00 643,000 3,215,000 3,483,774 3,775,018 4,090,609 4,090,609

22 6+200 MHMD 12.00 643,000 7,716,000 8,361,058 9,060,042 9,817,462 9,817,462

23 6+270 JLA 10.00 643,000 6,430,000 6,967,548 7,550,035 8,181,218 8,181,218

24 6+340 JK 21.00 530,250 11,135,250 12,066,157 13,074,888 14,167,948 14,167,948

25 6+415 SRD 9.00 643,000 5,787,000 6,270,793 6,795,032 7,363,096 7,363,096

26 6+800 RMT 12.00 643,000 7,716,000 8,361,058 9,060,042 9,817,462 9,817,462

TOTALS 345.80

212,032,775 229,758,715 248,966,544 269,780,147 269,780,147

DESA TAMBATAN

1 6+995 FDL 18.00 707,000 12,726,000 13,789,894 14,942,729 16,191,941 16,191,941

2 7+030 MSD 7.00 707,000 4,949,000 5,362,736 5,811,061 6,296,866 6,296,866

3 7+075 NP HSN/ HNF

7.00 707,000 4,949,000 5,362,736 5,811,061 6,296,866 6,296,866

4 7+195 RNH 21.00 675,000 14,175,000 15,360,030 16,644,129 18,035,578 18,035,578

5 7+350 SMSD 12.00 675,000 8,100,000 8,777,160 9,510,931 10,306,044 10,306,044

6 8+455 MTHD 15.00 675,000 10,125,000 10,971,450 11,888,663 12,882,555 12,882,555

7 8+475 RBD 21.00 675,000 14,175,000 15,360,030 16,644,129 18,035,578 18,035,578

8 9+510 RST 9.00 675,000 6,075,000 6,582,870 7,133,198 7,729,533 7,729,533

9 9+600 DLM/TJL 12.00 675,000 8,100,000 8,777,160 9,510,931 10,306,044 10,306,044

TOTALS 122.00

83,374,000 90,344,066 97,896,830 106,081,005 106,081,005

DESA SEPADU

1 9+825 HR YTM 10.00 643,000 6,430,000 6,967,548 7,550,035 8,181,218 8,181,218

2 9+935 HLN 16.00 530,250 8,484,000 9,193,262 9,961,819 10,794,627 10,794,627

3 10+125 H MHD 12.00 530,250 6,363,000 6,894,947 7,471,364 8,095,970 8,095,970

4 10+178 BMB 9.00 530,250 4,772,250 5,171,210 5,603,523 6,071,978 6,071,978

5 10+210 JRD 20.00 643,000 12,860,000 13,935,096 15,100,070 16,362,436 16,362,436

6 10+290 NN 10.00 643,000 6,430,000 6,967,548 7,550,035 8,181,218 8,181,218

7 10+325 SRT 18.00 643,000 11,574,000 12,541,586 13,590,063 14,726,192 14,726,192

8 10+390 DWN 15.00 643,000 9,645,000 10,451,322 11,325,053 12,271,827 12,271,827

9 10+425 JYD 9.00 530,250 4,772,250 5,171,210 5,603,523 6,071,978 6,071,978

10 10+556 FLT 9.00 530,250 4,772,250 5,171,210 5,603,523 6,071,978 6,071,978

11 10+657 MMN 9.00 530,250 4,772,250 5,171,210 5,603,523 6,071,978 6,071,978

12 10+705 KNN 9.00 643,000 5,787,000 6,270,793 6,795,032 7,363,096 7,363,096

13 10+778 MTD 4.00 643,000 2,572,000 2,787,019 3,020,014 3,272,487 3,272,487

14 10+800 SHD (ILT) 5.00 643,000 3,215,000 3,483,774 3,775,018 4,090,609 4,090,609

15 10+852 MWD 6.00 643,000 3,858,000 4,180,529 4,530,021 4,908,731 4,908,731

16 10+925 MTR 15.00 643,000 9,645,000 10,451,322 11,325,053 12,271,827 12,271,827

17 10+950 AMN 8.00 643,000 5,144,000 5,574,038 6,040,028 6,544,974 6,544,974

18 10+975 WJD 10.50 643,000 6,751,500 7,315,925 7,927,537 8,590,279 8,590,279

22

NO STA NAMA

PEMILIK Luas (M2)

Harga Studi RCS

(Rp.)

Total Kompensasi

(Rp.)

With 2014 inflation rate

(8.36%)

With 2015 inflation rate

(3.35%)

With 2016 inflation rate

(4.70%)

GRAND TOTAL KOMPENSASI

19 10+977 RHM 9.00 643,000 5,787,000 6,270,793 6,795,032 7,363,096 7,363,096

20 11+048 YND 21.00 643,000 13,503,000 14,631,851 15,855,074 17,180,558 17,180,558

21 11+100 GTN 20.00 643,000 12,860,000 13,935,096 15,100,070 16,362,436 16,362,436

22 11+105 MSD 13.50 643,000 8,680,500 9,406,190 10,192,547 11,044,644 11,044,644

23 11+244 RN 9.00 643,000 5,787,000 6,270,793 6,795,032 7,363,096 7,363,096

24 11+425 HDH/ AD 19.50 643,000 12,538,500 13,586,719 14,722,568 15,953,375 15,953,375

25 11+600 MN 12.00 643,000 7,716,000 8,361,058 9,060,042 9,817,462 9,817,462

26 11+970 RZN TMN 18.00 530,250 9,544,500 10,342,420 11,207,047 12,143,956 12,143,956

27 11+980 LT 12.00 643,000 7,716,000 8,361,058 9,060,042 9,817,462 9,817,462

28 12+005 SLMN 16.00 643,000 10,288,000 11,148,077 12,080,056 13,089,949 13,089,949

29 12+105 DMR WLN 10.00 643,000 6,430,000 6,967,548 7,550,035 8,181,218 8,181,218

30 12+190 MTR 6.50 643,000 4,179,500 4,528,906 4,907,523 5,317,792 5,317,792

31 12+325 SMD P.As 12.00 643,000 7,716,000 8,361,058 9,060,042 9,817,462 9,817,462

88 TOTALS 373.00

230,593,500 249,871,117 270,760,342 293,395,907 293,395,907

GRAND TOTAL 905,948,238.88

23

APPENDIX 5: PHOTO-DOCUMENTATION OF STRUCTURAL LOSSES BY LOCATION

24

APPENDIX 6: LIST OF VULNERABLE HHS

No Name/Village FHH Elderly Disabled Poor Total

Kartiasa 2 6 1 8 12

1 AMD 1 1 1

2 AWR 1 1

3 BSR 1 1 1

4 BSRM 1 1

5 B MYT 1 1

6 ERN 1 1

7 h. AMD NJR

1 1

8 H. SMN 1 1

9 H. SMY 1 1

10 HNN 1 1 1 1

11 KSN DJFR 1 1 1

12 PWN MJN 1 1

Kubangga 2 2 1 10 12

1 ABN 1 1

2 AO 1 1

3 APLD 1 1

4 GFR 1 1

5 GST 1 1

6 HJK 1 1 1

7 HRS 1 1

8 JK 1 1

9 JLA 1 1 1

10 MMD 1 1

11 SFN 1 1 1

12 SML 1 1

Tambatan 3 3 0 5 7

1 FDLH 1 1 1 1

2 HNF 1 1

3 MTH HD 1 1

4 MSD 1 1 1

5 RST 1 1

6 RNH 1 1 1

7 SSD 1 1

Sepadu 4 9 2 13 21

1 AMN 1 1

2 FLWT 1 1 1

3 GSTN 1 1

4 HRD/DMR WLN 1 1

5 HYT 1 1

6 HLN 1 1

7 JYD 1 1

25

No Name/Village FHH Elderly Disabled Poor Total

8 KNN 1 1

9 MS/RN 1 1 1

10 MSD 1 1 1

11 MST 1 1 1

12 MST 1 1

13 MN 1 1

14 MWD 1 1

15 MTD 1 1

16 RHM 1 1

17 SHD 1 1 1

18 SLMN 1 1

19 SRTK 1 1 1

20 SMDN, DS 1 1

21 WJD 1 1 1

TOTAL 11 20 4 36 52

26

APPENDIX 7: LIST OF 9 AHS DUE TO TEMPORARY LOSS OF BUSINESS

NO STA NAME VILLAGE

1 2 + 250 LLI KARTIASA

2 3 + 201 BRHN KARTIASA

3 3 + 897 AWR KARTIASA

4 4 + 4025 RML KARTIASA

5 4 + 186 SBN KARTIASA

6 4 + 700 RSD KUBANGGA

7 10 + 852 MSTR SEPADU

8 11 + 242 JWD SEPADU

9 11 + 980 M. MHD SEPADU

27

APPENDIX 8: ESTIMATES FOR COST OF EXTERNAL MONITORING AND

EVALUATION

No Description UnitEstimate

QuantityUnit Price Total (IDR)

I

1.1

a Team Leader Man month 3 38,000,000 114,000,000

b Social Economic Specialist Man month 3 24,600,000 73,800,000

c Gender Specialist Man month 3 24,600,000 73,800,000

1.2

a Surveyor Man month 8 8,700,000 69,600,000

b Bil ingual Secretary/ Operator Comp Man month 3 9,450,000 28,350,000

359,550,000

II

2.1 Office expenditure -

Office equipment , photocopy, supplies

and consumablesMonth 3 4,000,000 12,000,000

III

a.1

Team Leader Days 6 350,000 2,100,000

Social Economic Specialist Days 6 350,000 2,100,000

Gender Specialist Days 6 350,000 2,100,000

Surveyor (4) Days 24 350,000 8,400,000

a.2

Team Leader Days 5 538,000 2,690,000

Social Economic Specialist Days 5 538,000 2,690,000

Gender Specialist Days 5 538,000 2,690,000

Surveyor (4) Days 20 538,000 10,760,000

b

Airfare ticket Round Trip 6 2,781,000 16,686,000

Taxi from to Airport Round Trip 6 688,000 4,128,000

Car Rental Days 6 798,000 4,788,000

c Stakeholder Meeting LS 1 2,600,000 2,600,000

73,732,000

IV

a

Inception Report 30 150,000 4,500,000

Interim Report 30 150,000 4,500,000

Final Report 30 250,000 7,500,000

b Presentation (Jakarta) LS 1 68,796,000 68,796,000

85,296,000

518,578,000

25,928,900

544,506,900

54,450,690

598,957,590

OSA

Accommodation ( at cost)

Transportation

Total (I+II+III)

Contingencies 5%

Total (I+II+III) + Contingences

PPN 10 %

Grand Total

Personnel Remuneration

Reimbursable

OSA and Accommodation

Report Production and Dissemination

Sub Total II

Sub Total III

Sub Total I

Report production

Expert

Supporting

28

APPENDIX 9: SAMPLE TOR FOR EXTERNAL MONITORING AND EVALUATION

1. The Directorate General for Highways (DGH) of the Ministry of Public Works and Housings (MPWH) is developing a project - called the Regional Roads Development Project (RRDP). The Project is to (i) develop national and strategic roads including the rehabilitation, improvement or new construction of approximately 476 km of roads in four provinces of Indonesia; and (ii) and to design and implement a road sector development program to improve road safety, road investment planning, overloading control; and capacity development of road sector agencies. The Project is financed by ADB and IDB. ADB finances approximately 400 km of roads in East Java, West and North (formerly East) Kalimantan, and consulting services, whilst IDB finances approximately 76 km of roads in Central Java and its associated supervision consultants.

2. As part of the RRDP, there are three (3) road contract packages are being developed in West Kalimantan, i.e. CW-05: Sosok-Tayan – Tanjung Sanggau Road Construction (79 km), CW-06: Singkawang-Tebas-Sambas Bypass-Tanjung Harapan - Galing Road Construction (56 km), and CW-07: Galing – Tanjung; Tanjung – Aruk (Border) Road Construction (52 km).

3. A road section connecting Sambas - Tanjung Harapan in West Kalimantan, which is located between packages CW-06 and CW-07 was not included under the current Project as this was planned to be implemented under the next RRDP II. To ensure the connectivity of the roads Sections in West Kalimantan, this section was subsequently proposed to be included under RRDP. This additional scope was initiated during the Midterm Review Mission of the Asian Development Bank in 2014, and was further discussed with DGH during the project review mission in November 2015. The length of this road section is about 12.30 km. ADB confirmed the inclusion of this additional road section on 20 November 2015.

4. ADB approved the inclusion of this section under a contract variation of package CW-06 on 15 June 2016, subjected to the completion of the resettlement plan (RP) of the Sambas-Tanjung Harapan Road Section. This RP is prepared to ensure that all affected persons (APs) along the road section Sambas – Tanjung Harapan is fully compensated in line with the ADB safeguard policy statement (ADB SPS 2009). The completion of the RP is a precondition for signing of the contract addendum under Package CW-06. The Memorandum of Understanding (MOU) of the project review mission in July 2016, emphasized that the RP is to be completed in August 2016.

A. OBJECTIVES

5. The objective of this consulting service is to verify the ongoing monitoring information of the implementation of the Sambas – Tanjung Harapan Resettlement Plan and advise the DGH on safeguard compliance issues for the project, which is considered to have significant involuntary resettlement impacts. An experienced external monitoring expert or a qualified NGO will be engaged to undertake the external monitoring exercise.

B. SCOPE OF WORK—GENERAL

6. This scope of work will require the expert to undertake the following general tasks, among others:

(i) Review and verify the progress in implementing the resettlement plan through

the monitoring information internally generated.

(ii) Monitor the effectiveness and efficiency of DGH in the RP implementation. (iii) Assess whether the involuntary resettlement objectives, particularly the

restoration or enhancement of the livelihoods of all displaced persons and the

living standards of the displaced poor, have been met. (iv) Assess significant involuntary resettlement issues and, if required, draw on policy

29

and practices to advise on a corrective action plan.

C. SCOPE OF WORK—SPECIFIC

7. The expert’s work will include several specific tasks:

(i) Visit each road section when payment of compensation, resettlement, and social programs have been completed and review the results of internal monitoring for the purpose of preparing a monitoring report. Verification will be assessed through random checking of 10% of affected households at field level to assess whether land clearing and/or social program objectives have generally been met. The external monitor will involve the affected persons and community groups in assessing the impact of resettlement for monitoring and assessment purposes

through participatory community meetings. (ii) Identify the strengths and weaknesses of the involuntary resettlement objectives

and approaches, as well as of the implementation strategies. (iii) Review and verify progress in resettlement plan implementation in the road

subproject on a sample basis and prepare a semiannual report for DGH after the implementation of the plan begins.

(iv) Make two further monitoring visits to each road section to assess ongoing progress and produce a monitoring report for each assessment. These visits will coordinate with the internal monitoring. activities with the displaced persons and

involve special attention to monitoring impacts on the women and other

vulnerable groups among the displaced persons. (v) Assess the effectiveness and results achieved by the livelihood restoration

program.

D. OUTPUTS

8. The outputs expected will involve the following responsibilities:

(i) The external expert will visit each road section as completion of the resettlement plan implementation nears to verify internal reports, check the delivery as per the entitlement matrix of the resettlement plan, and compile a monitoring report and

submit XX copies to DGH after each monitoring visit. (ii) The external expert’s monitoring report will describe whether the involuntary

resettlement program has been successfully implemented in accordance with the

resettlement plan. (iii) The external expert is required to describe any outstanding actions that are

required to bring the resettlement activities in line with the resettlement plan and the Safeguard Requirements 2 of the Safeguard Policy Statement (2009) of ADB and describe further mitigation measures needed to meet the needs of any displaced person or families judged and/or perceiving themselves to be worse off

as a result of the project. (iv) The expert’s monitoring report must also provide a timetable and define budget

requirements for any supplementary mitigation measures for the resettlement plan and detail the process of compliance monitoring and the final signing off for these displaced persons. It should also describe any lessons learned that might

be useful for future activities.

E. QUALIFICATIONS

9. The external expert or NGO will have significant experience in monitoring and evaluation. Work experience in and familiarity with all aspects of involuntary resettlement operations would be desirable. Persons with a social science background will be preferred.

10. Interested agencies or consultants should submit proposals for the work with a brief statement of the approach, methodology, and relevant information concerning experience on

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monitoring and evaluation of resettlement plan implementation. The CV of the expert or the profile of the NGO along with full CV of key personnel proposed to be engaged must be submitted along with the proposal.

F. ESTIMATED PERSON-MONTHS

11. [Indicate number] [domestic/international] external monitor(s) will be recruited, a total estimated of 3 person-months.

G. BUDGET AND LOGISTICS

12. The proposal—both technical and financial—should be submitted and the budget should include all cost and any other logistics necessary for the assignment.

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Volume Satuan Harga Satuan

(Rp)

1.03. PEKERJAAN UMUM DAN PENATAAN RUANG

1.03.01. Dinas Pekerjaan Umum dan Penataan Ruang

5.2.2.18. Belanja Pemeliharaan

Belanja Pemeliharaan Jalan, Irigasi dan Jaringan

- Penggantian Tanam Tumbuh dan Bangunan 1 Paket 1,000,000,000 1,000,000,000

3.01. KELAUTAN DAN PERIKANAN

3.01.01. Dinas Perikanan, Peternakan dan Kesehatan Hewan

5.2.2.21. Belanja Barang Untuk Diserahkan Kepada Masyarakat/

Pihak Ketiga

Belanja Barang Untuk Diserahkan Kepada Masyarakat

- Sapi Betina Produktif 5 Ekor 10,000,000 50,000,000

Belanja Barang Untuk Diserahkan Kepada Masyarakat 48,000,000

- Bak Terpal di Desa Kubangga 2 Unit 8,000,000 16,000,000

- Bak Terpal di Desa Tanjung Harapan 2 Unit 8,000,000 16,000,000

- Bak Terpal di Desa Kartiasa 2 Unit 8,000,000 16,000,000

3.03. PERTANIAN

3.03.01. Dinas Pertanian dan Ketahanan Pangan

Belanja Barang Untuk Diserahkan Kepada Masyarakat/

Pihak Ketiga

- Fasi l itas Bantuan Benih dan Saprodi Tanaman

Sayuran (Kecamatan Teluk Keramat) - - - 35,000,000

1.06. SOSIAL

1.06.01. Dinas Sosial, Pemberdayaan Masyarakat dan Desa

5.2.2.21. Belanja Barang Untuk Diserahkan Kepada Masyarakat/

Pihak Ketiga

Belanja Barang Untuk Diserahkan Kepada Masyarakat 52,000,000

- Grobak Mandiri Usaha Goreng-Gorengan 2 Paket 10,000,000 20,000,000

- Grobak Mandiri Usaha Es Tebu 1 Paket 12,000,000 12,000,000

- Bahan Baku dan Peralatan UBK Tri jaya 1 Paket 10,000,000 10,000,000

- Sealer Kemasan Beras dan Karung Plastik Sablon

BUMDesa Jirak 1 Paket 10,000,000 10,000,000

Belanja Barang Untuk Diserahkan Kepada Masyarakat 15,000,000

- Belanja Barang Untuk Pengadaan Melalui Kelompok

Usaha Bersama (KUBe) (KubeGas)1 Paket 15,000,000 15,000,000

5.2.2.21.01.

5.2.2.18.04.

Kode

Rekening

Rincian Penghitungan

Jumlah (Rp) Uraian

5.2.2.21.01

5.2.2.21.

Volume Satuan Harga Satuan

(Rp)

2.11. KOPERASI, USAHA KECIL DAN MENENGAH

2.11.01. Dinas Koperasi, Usaha Kecil, Menengah Perindustrian

dan Perdagangan

5.2.2.21. Belanja Barang Untuk Diserahkan Kepada Masyarakat/

Pihak Ketiga

5.2.2.21.01 Belanja Barang Untuk Diserahkan Kepada Masyarakat 42,000,000

- Peralatan Olahan Hasil Pertanian 1 Ls 16,000,000 16,000,000

- Peralatan Sablon 1 Ls 10,000,000 10,000,000

- Peralatan Rumah Tangga 1 Ls 6,000,000 6,000,000

- Peralatan Menjahit 1 Ls 10,000,000 10,000,000

Kode

Rekening Uraian

Rincian Penghitungan

Jumlah (Rp)

APPENDIX 10: LOCAL GOVERNMENT PROGRAMME FISCAL YEAR 2017

Rincian Anggaran Bekerja Langsung Menurut Program dan Per Kegiatan

Satuan Kerja Perangkat Daerah Kabupaten Sambas

Tahun Anggaran 2017

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