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CASE SUMMARY REPORT ON INVOLUNTARY RESETTLEMENT

DRAFT

This report is a work in progress, the purpose of which is to encourage an iterative process of feedback and update. The materials are prepared by consultants; hence, ADB does not guarantee the accuracy, reliability, or timeliness of these materials and therefore will not be liable in any capacity for any damages or losses that may result from the use of these materials. ADB, likewise, shall not be responsible for any errors, inadvertent omissions, or unauthorized alterations that may occur in the disclosure of content on this website.

Under its Safeguard Policy Statement (2009), ADB may approve a borrower’s request to use Country Safeguard Systems (CSS) in ADB-financed projects if (i) the CSS are equivalent to the objectives, scope, triggers, and principles of the Safeguard Policy Statement; and (ii) the borrower has the necessary capacity and experience to implement its own CSS. CSS can be applied at the national, subnational, sector, or agency level. The use of CSS does not relieve ADB of its due diligence and loan supervision responsibilities; it does not alter the role of ADB’s Accountability Mechanism. ADB must review safeguard plans and supervise their implementation for all projects implemented under CSS. The key difference between the use of CSS and ADB’s standard approach is that CSS and any agreed actions to fill any gaps between the CSS and ADB’s SPS will be the benchmark and the primary focus of ADB’s due diligence and supervision instead of the SPS requirements. In order for the ADB to determine if the borrower has the necessary capacity and experience to implement its own CSS, the SPS requires ADB to conduct an “acceptability assessment”. The assessment is designed to determine whether the concerned agency has acceptable implementation practice, track record, and capacity and commitment to implement the applicable laws, regulations, rules and procedures. As part of this assessment, Indonesia’s State Electricity Company/Perusahaan Listrik Negara (PLN) selected 18 representative cases each for environment and involuntary resettlement. This document provides a summary of these cases, covering the following key areas: (i) institutional capacity (institutional structure, human and financial resources, technical resources); (ii) implementation practice and delivery mechanism (process and procedures for implementing safeguards; and (iii) performance (output and outcome) which includes quality of planning documents (LARP, etc.). The case summary was one of the inputs to the comprehensive assessment carried out by ADB as part of the acceptability assessment, which also included: (i) desk review of PLN corporate documentation, (ii) interviews with PLN officials at headquarters and regional offices, (iii) interviews and consultations with other local agencies, project-affected people, interest groups and development partners, and (iv) site visits to selected projects. The detailed assessments and findings can be obtained below:

• Draft Acceptability Assessment of Involuntary Resettlement Safeguards [https://www.adb.org/projects/documents/ino-47287-001-dpta-9]

List of Selected Projects and Summary for Acceptability Assessment Review

(Desk Review and Case Studies)

No. Project name Project location (district & province)

Source of Funding (internal PLN, ADB, another donor)

Desk review (list documents reviewed)

Field visit (list locations visited)

Number of affected people consulted

Describe IR impacts (cat A or B)

Mode of Land Acquisition implementation

Type of Projects Status LA/IR

1 High Voltage Air Transmission (SUTT) 150 Kv Tanah Lot Incomer and Gas Insulated Switchgear (GIS) 150 kV Tanah Lot

Tabanan Bali

Internal – PLN Budget

Environmental documents, reports on land acquisition, organizational structure and resources

Tabanan, Bali 4 Cat B

Law 2/2012 Transmission On-going

2 PLN Distribution Bali Kuta Bali


N/A Denpasar, Bali

8 Cat B

Law 2/2012 Distribution Completed

3 SUTET (Hight Voltage TL – HVTL) 500 kV PLTU Jawa Tengah – GITET (Power Station HVTL) 500 kV Kesugihan, Cilacap

Cilacap Central Java


Land Acquisition Planning Document, ANDAL SUTET 2009, The Land Determination Location 2013

Cilacap, Central Java

15 Cat A Law 2/2012 Transmission Completed

4 PLTG/MG Minahasa Peaker (150 MW) and PLTG/MG Gorontalo Peaker (100 MW)

Minahasa and Gorontalo – North Sulawesi


Land Acquisition Planning Document

Minahasa and Gorontalo

10 Cat B Law 2/2012 Power Plant On-going

5 INO: Electricity Grid Strengthening- Sumatera Program

All provinces in Sumatera

Financed by ADB using RBL modality

PSSA – RBL Field notes Program report Monitoring report

North Sumatera South Sumatera/Palembang

12 Cat B

Law 2/2012 Distribution On-going









6 INO: Sustainable Energy Access in eastern Indonesia- Electricity Grid Development Program

West Nusa Tenggara, East Nusa Tenggara, All provinces in Sulawesi

Financed by ADB using RBL modality

PSSA – RBL Field notes Program Report

Mataram Kupang, Gorontalo Menado Makassar

N/A Cat B

Law2/2012 Distribution On-going

7 Kalimantan Peaker; Power Plant Samarinda East Kalimantan:

PLN Due Diligence Report Field notes

Samarinda 30 Cat B Prior to law 2/2012 Power Plant Completed

8 Java – Bali Crossing 500 KV TL Probolinggo; Situbondo; Banyuwangi – East Java Buleleng, Jembrana, Tabanan – Bali

Financed by ADB

RP BTOR MOU of Review Mission

Cat A

Law 2/2012 Transmission and Substation On-going

9 INO: West Kalimantan Power Grid Strengthening Project: Tayan – Sanggau – Sekadau

Sanggau Sekadau West Kalimantan:

Financed by ADB

RP BTOR MOU of Review Mission RCCP Monitoring Report

Cat B

Law 2/2012 Transmission and Substation On-going









10 INO: West Kalimantan Power Grid Strengthening Project: West Kalimantan 275 TL Project

Bengkayang West Kalimantan

Financed by ADB

RCCDP Monitoring report MOU BTOR Monitoring Report

Cat B

Prior to Law 2/2012 Transmission and Substation Completed

11 INO: West Kalimantan Power Grid Strengthening Project: West Kalimantan 150 KV TL Project

Landak Bengkayang West Kalimantan

ADB RCCDP Monitoring report MOU BTOR

Cat B

Law 2/2012 Transmission and Substations On going

12 PLTU Lontar Power Generation 3 x 315 MW Lontar Village, Kemiri sub District

Tangerang West Java

Bank of China, PLN

Project FS Monitoring report Permits

Lontar Village 8 Cat A

Prior to law 2/2012 Power Plant Completed

13 PLTU Lontar Extension 1x315 MW Lontar Village, Kemiri sub District

Tangerang West Java

JBIC, PLN Permits Monitoring report Project FS

Lontar Village 6 Cat B Law 2/2012 Extension Completed

14 PLTU Takalar 2 x 100 MW, Punagaya Village, Bangkala sub District

Jeneponto District, South Sulawesi

Bank of China, PLN

Land Acquisition Planning Document, Permits, BTOR, Court Files Record.

Punagaya Village

12 Cat A Law 2/2012 Power Plant Completed

15 Upper Cisokan Pumped Storage Hydro-Electrical Power (1040 MW) Project, Cipongkor and Rongga sub District

Cianjur District, West Java

World Bank PLN

Land Acquisition Planning Document, Permits, BTOR, Environmental documents

Pasir Raja Village

5 Cat A Law 2/2012 Power Plant On-going









16 PLN Distribution Makassar Makassar South Sulawesi


Proposal for Distribution Line Development, Minutes of Meeting, Minutes of Agreement.

Makassar, South Sulawesi

N/A Cat B

Law 2/2012 Distribution Completed

17 Development of SUTT (HVTL) 150 Kv Kadipaten Incomer and GI (Substation) 150 kV Kadipaten

Majalengka West Java


Land Acquisition Plan Document, Environmental Doc: UKL – UPL

Majalengka, West Java

7 Cat B

Law 2/2012 Transmission Completed

18 PLN Distribution Rayon Majalengka,

Majalengka West Java


N/A, less than 5 Ha Majalengka, West Java

5 Cat B

Law 2/2012 Distribution On-going

Case Study 1

Project name:

Location:

Type of Project:

Implementing Agency:

Tanah Lot 150 KV Gas Insulated Switchgear (GIS)

Belalang Village, Kedin Sub district, Tabanan District, Bali Province

Substation - GIS

UIP Eastern Java

No Component and Parameters

Assessment Result

A. Project Description

1 Project Objectives To strengthen the electricity supply in Badung District and surrounding area in support of tourism development

2 Project Component and Area Construction of the 150 KV GIS lowering the 150 KV transmission voltage to 20 KV voltage and 220/380-volt supply. The project is located in Belalang Village, Kedin Sub district, and Tabanan District, Bali Province

3 Consistency with regional spatial planning, Medium Development Plan, Strategic Planning, and Work Plan of PLN

The project is consistent with regional spatial planning. The environmental permit for the project was issued in October 2016.

4 Land requirements, scope of land acquisition impacts, and efforts to minimize impacts

The original project design was a conventional substation requiring 3 hectare of land. Given the project location in productive agricultural land (rice field with tertiary irrigation channel), PLN changed the substation engineering design to a GIS substation requiring only 1.9 hectares of land which covers 13 plots owned by 11 households (9 - male and 2 - female).

C Institutional Arrangement

1 Institutional Structure: Implementing Agency

The project planning and construction is managed by PLN UIP Eastern Java with the support of UPP Bali. PLN UIP has a safeguard unit under the Division of Land led by the Deputy Manager of Land Agency (DML). The number of staff in the unit is 9 persons i.e.staff for permit/license


Assessment Result

(1 person), staff for survey (3 persons), staff for inventory and administrative arrangement (4 persons), and staff for certification of acquired land (1 person). The staff are supervised by a Land Supervisor and handle land acquisition for all UIP projects with the support of PLN UPP. Each PLN UPP has 2 -5 staff handling land acquisition. For this project, the UIP team is supported by 3 UPP staff.

2 Human Resources: Number and qualification handling social safeguards in units and projects, capacity building conducted for the land acquisition in the project

The UIP and UPP staffs have quite rich experience in handling land acquisition including complicated land acquisitions e.g. transmission line projects traversing various land use areas and projects that involved the relocation of people. Staff are provided with the opportunity to join safeguard training course from PLN’s education and learning center or courses organized by external parties. Staff handling land acquisition both in UIP and UPP have extensive experience in undertaking land acquisition for project needs; staff turnover is rather low. Staff at UIP including staff handling social safeguards/land acquisition have better opportunities to access both internal and external training on safeguards, rather than the UPP staff. PLN management encourage entire staff to attend training sessions twice per year. However, the UPP staff dealing with land acquisition procedures have not attended trainings on land acquisition for a while.

3 Financial Resources: Availability and Sufficient Budget

The land acquisition budget is managed by the PLN UIP. In 2017, annual budget allocated by the PLN UIP Eastern Java equaled IDR 900 billion to cover land acquisition costs of Tanah Lot GIS project in line with other ongoing projects in the region.

C Process and Procedures – Implementation Practices

C.1 Planning Stage

1 Feasibility Study Carried out for LAP preparation: Comprehensiveness and quality

The project feasibility study carried out at the project planning stage covered Environmental and Social Impact Assessment as well. The socio-economic profile of communities within the project areas is included in the UKL/UPL study1. Therefore the document does not contain specific description of socio-economic profile of the affected persons/entitled parties and neither identifies any vulnerable groups in the project influence area.

1 The attempt was made to develop the document incompliance with the ADB SPS 2009 that will equal to the Project Initial Environmental Assessment.


Assessment Result

2 Preparation of Land Acquisition Plan Document and submission of LAP to Governor for project location determination

Though under the Law 2 of 2012 and Perpres 71 of 2012, no land acquisition plan document is required for determination of the project location determination, the PLN Decree on Land Acquisition requires preparation of a Land Acquisition Plan (LAP). Therefore, in compliance with the PLN Decree on Land Acquisition the simple LAP was prepared by PLN LAT and UIP to describe the procedures and activities of the PLN LAT in the process acquisition of less than 5 ha land for proposed project purposes. The simple LAP was not submitted to the Governor as there is no such legal requirement to proceed with the determination of the project location by the local Governor.

C.2 Preparation Stage

1 Establishment of Preparatory Team (10 days)

N/A

2 Notification of development plan (10 days)

Notification of the development plan was conducted by PLN LAT. The notification was submitted to the Tabanan District Government and the affected communities through village offices, customary village, and customary leaders.

3 Verification and preliminary identification on location of development plan, entitled parties, land acquisition object (30 days)

Survey of location was done by the PLN LAT. The survey covers name of affected persons, lost assets (land area, crops) and status of the affected land.

4 Public Consultations with entitled parties and affected communities (90 days)

Initial consultation with the APs/entitled parties (APs/EPs) was conducted in conjunction with the survey of location and prior to the to the identification of affected persons and assets. The initial consultation held in January 2016 was facilitated by village office and Head of Subak Organization at village level (Pekaseh Subak Nyitdah III). All entitled parties and village offices were invited.

5 Determination and announcement of Project Location (Penetapan Lokasi (14 days)

N/A


Assessment Result

6 Grievance handling for location determination (by governor/regent and state administrative lawsuit)—88 days

No grievance raised by people with regard to the project location

C.3 Implementation Stage

1 Detailed inventory and Identification of entitled parties and land acquisition objects (30 days)

Identification of entitled parties and affected assets was carried out from February to April 2016. The identification covered the name of APs/EPs, their addresses, description of project affected land and crops subject to acquisition for project purposes. A total of 11 households with 13 land plots owned by 9 landowners, were identified to be affected by the project land acquisition. Project impact was not extended over the structures and other immovable assets attached to affected land parcels inventoried for loss assessment. Land tenure status and land use types were determined as well.

2 Disclosure of the Inventory and Identification Result (14 days) for confirmation from the entitled parties

The result of surveys were developed in the form of the list identifying the APs/EPs and their affected assets and disclosed to the APs/EPs. All APs/EPs confirmed the accuracy of the measurements determines through land measurement and inventory results. The APs/EPs agreed to the inventory and identification results and confirmed their consents by affixing original signatures to the MoM documents recorded in PLN local office.

3 Appraisal of the Compensation by independent appraiser (30 days)

PLN UIP mobilized an independent appraiser from office of public appraisal services to determine the value of the land and crops subject to acquisition and cash compensation.

4 Deliberation/consultations and Agreement on the Compensation (30 days)

Consultation on appraiser valuation result, negotiation of compensation payment, and agreement was completed in October 2016. The appraiser result was used as the basis for negotiation and after several iteration of negotiations, all the entitled parties agreed with the land rate and compensation amount.

5 Grievance Handling (at LAIT level and State

No grievance raised by the APs/Eps


Assessment Result

Administrative Court lawsuit--88 days)

6 Compensation Payment and Deposit compensation to Court (if any)

Compensation payment were conducted through bank wire transfer to the individual bank accounts of the APs/EPs. PLN has established cooperation agreements with the national bank for proceed payment of compensation amounts, besides PLN is also equipped with an on-line system to conduct land acquisition payment. In December 2016 the APs/EPs were assisted to open individual bank accounts at no cost. In compliance with ADB SPS 2009 all APs/EPs received full compensation amount without any deduction of transaction cost or taxes. In case of one small size land parcel issuance of cash compensation was suspended due to lack of legally valid land title and the AP is being assisted to complete with the legal steps required for obtaining valid land title prior to processing land acquisition in lieu of relevant cash compensation.

7 Attention to vulnerable groups and Project benefit to Communities

All AHs have been provided similar rights, access to project benefits and on equal basis. Therefore, the project related documents describing land acquisition and compensation procedures hardly identify any need for additional measures to be exercised towards the vulnerable groups to ensure equal access to project benefits. According to the practice established in PLN, the agency was committed to request the construction contractor to provide capable members of AH with the opportunities for project related jobs. Besides, socio-economic survey confirmed that although APs/EPs used project affected land to grow rice, they still did not consider farming as their sole and main source of income, meaning that project related land acquisition would hardly carry the risk for deteriorating of their livelihoods; None of the project affected households/entitled parties were qualified as poor according to the SES results. PLN proved the commitment to meet the community request. PLN agreed with the community and the proposal of AHs to finance rehabilitation of the village access road, the


Assessment Result

structure-building used by village residents as village hall (Bali Gong), and also to contribute to the budget of the village office (peraren). The total amount of PLN UIP allocated from the Corporate Social Responsibility (CSR) budget to satisfy the request of local community equaled IDR 200,000,000.

8 Attention to gender Participation of women is not emphasized in the invitations to notify APs/EPs to attend pending consultations arranged by PLN in collaboration with the village office. Although women participants are not identified among the attendees of the consultations for project notification, disclosure of land acquisition plans, and negotiations on terms and conditions of compensations, women were present and participated in the compensation payment meetings.

9 Monitoring of LAP progress and impact

Monitoring of land acquisition progress is conducted by the PLN LAP. The progress is reflected included in semi-annual monitoring report.

C.4 Submission of the Result Stage and Monitoring

1 Handover of acquired land for construction commencement

PLN LAT, following the completion of land acquisition and issuance of compensation to APs/EPs, ensured the handover of acquired land to PLN project team awarded with the right to commence civil works and construction activities. However, civil works have been suspended on the territory of one land plots whose owner was not yet cash compensated by moment of the handover of acquired land.

D Performance

D.1 Outputs: Quality of LAP Document (as required by legal framework)

1 Quality of LAP Preparation The simple LAP document contains project description, map, and project location, initial identification of land acquisition objects, entitled parties and budget estimates.

E Project Outcomes: Achievement of Legal Framework Objectives

1 Better Living standard of the entitled parties/APs

PLN LAP issued cash compensation amounts determined based on the valuation report of independent appraiser and in negotiation with the APs/EPs; PLN LAP monitored the progress of land acquisition as well. However, no additional actions were undertaken to assess post project impacts to the APs/EPs, local and host communities.


Assessment Result

Some AHs used the money to buy land replacement located around the project area and some others are still trying to find the land with similar attributes. This transitional period to find the suitable land has resulted in additional expenditure for some households where the remaining land is not adequate to meet the household’s food or income requirements.

2 Grievance Raised by entitled parties

No complaint/grievance lodged by the APs/EPs on compensation and project plan. Moreover, the APs met during the acceptability assessment confirmed that the amount of compensation was acceptable to them and even to all the APs. As per the interviewed APs The AHs stated There is no complaint raised by the AHs as the compensation rate was based on the negotiation between the AHs and PLN. The rate offered has also been a bit higher than the land market rate at the time of compensation payment.

3 Timely land acquisition completion

Completion of land acquisition process took one year. By Spring 2017, one land plot was not yet acquired due to the administrative procedures required for title registration. PLN was actively coordinating with the local Land Agency to complete transaction registration and issuance of cash compensation by May 2017.

Case Study 2

Project name

Location

Type of Project

Implementing Agency

:

:

:

:

PLN Distribution Bali (PLN Bali)

Denpasar, Bali

Distribution

N/A


Assessment Result


1 Project Objectives To distribute electricity to customer in Bali operational area

2 Project Component and Area PLN Distribution Bali (PLN Bali) is covering the operational area of one Distribution Office; five Areas consists of three Areas by Region, Prime Service Area for Large Customer and Distribution Control Area and thirteen Rayon located in the province of Bali. The electricity distribution business for public interest is including the construction and installation, operation, maintenance of power distribution installations and other businesses directly related to the distribution and sale of electric power.

3 Consistency with Regional Spatial Planning, Medium Development Plan, Strategic Planning, and Work Plan of PLN

The office has been consistent with regional spatial planning. The establishment of PLN Bali was with the PLN Board of Director’s Decree No. 191.K/DIR/2014 re No. 256.K/DIR/2012 concerning the Organisational structure of PT PLN (Persero) Bali Distribution Office.


Land requirement for distribution lines would be for poles, cable stringing and transformer,2 thus the impacts is deemed not significant.

2 The potential resettlement impact of any distribution line projects is limited to i) use of no more than 0.2 m2 of land for installation of utility poles; (ii) possible removal of non–

land assets (primarily trees) located within 2.5 m of the conductors (within the 7 m wide ROW in the case of trees) during their stringing; and (iii) use of about 4.5 m2 of land for installation of pole-mounted transformers.


Assessment Result

However PLN Bali, since land is one of crucial issues in Bali especially at the city area due to limited available land and high demand for electricity, the distribution team sometimes face difficulties for doing any distribution line activities like installation of utility poles or pole-mounted transformers, and cutting trees3. When facing any challenges related with land permission and community, the usual action would be doing approach the land owner and local leaders at the village that would get the distribution lines, negotiate for compensation with the land owner, usually by the contractor, or if there is no conclusion, they would move the location to another possible place.

B Institutional Arrangement


The responsible unit for the social safeguards as well as the Company Social Responsibility (CSR) in PLN Distribution Bali is the Division of Communication, Legal and Administration.


At the PLN Distribution Bali, there is no specific dedicated staff responsible for social safeguards. However, if any social issue appears, any staff working in the field can report the issue to the manager for solution or convey the issue to PLN Wilayah for solution. Since there is no land acquisition for distribution line projects managed by PLN Wilayah, there is no specific staff assigned for land acquisition issues in PLN Distribution Bali. To improve their knowledge on legal framework and social safeguards the staff should join regular qualified in-house and external training on the substances.

3 Financial Resources: Availability and sufficient budget

For budget, since there is no land acquisition for distribution line projects in PLN Bali, no budget for land acquisition plan is prepared.


C.1 Planning Stage

3 Some reasons for rejection of the distribution lines development were: esthetic and/or religious reason (doesn’t want the line crossing their house or religious area, concern from the land owners about the value of the land, or privacy. Interview with PLN Bali Distribution staff, April 2017


Assessment Result

1 Feasibility Study carried out for Land Acquisition Plan (LAP) preparation: Comprehensiveness and quality

There is no project feasibility study prepared for distribution line activities.

2 Preparation of LAP document and submission of LAP to Governor for project location determination

There is no land acquisition plan document prepared for distribution lines activities.



N/A


When the office starts the distribution lines installation, the PLN Distribution team would consult with the village heads since the planning stage about the project plan, land use, and cable stringing that may require the teeming or removal of trees.


The team would do the verification and usually the particular survey would be assisted by community figures that understand the specific condition in the community.

4 Public consultations with entitled parties and affected communities (90 days)

Consultation is conducted primarily through the village heads, and not all the affected persons are involved in the decision making for the distribution line alignment and design.4 Contractors handle some coordination for use of land and affected trees/crops.

5 Determination and announcement of Project Location (Penetapan Lokasi) (14 days)

N/A

4 The community members along the Sanur distribution area interviewed in April 2017 were generally aware about the need of PLN to place transformers and other electricity

distribution equipment. However, from the interviews it was found out that they could not distinguish the difference between the distribution and transmission lines, for them, both were having no difference, and they were more concern about high voltage transmission lines although it was not on their area.


Assessment Result


If there is any grievance by the community, usually it was about the light off, trouble with the cable, street light wasn’t functioning, or complain about the service by the PLN officer The issues were through the PLN123 call centre.



N/A


N/A

3 Appraisal of the compensation by independent appraiser (30 days)

The distribution line is installed either upon PLN distribution line working plan, or the request of a community. For both types of work, there would not be compensation paid provided to the affected people. However, the contractor handles the work sometimes has to pay compensation for tree cutting.


N/A

5 Grievance handling (at LAIT level and State Administrative Court lawsuit--88 days)

The grievance is handled through PLN123 Call Centre.

6 Compensation payment and deposit compensation to Court (if any)

N/A


Assessment Result

7 Attention to vulnerable groups and gender

There is no special attention given to the vulnerable group nor any gender sensibility for development of distribution lines in Bali. Invitation for public consultation and/or socialisation were aimed for all household in the respective area.


N/A



N/A Based on these practices, the process and procedure is considered “moderate”

D Performance


1 Quality of LAP preparation Since there is no land acquisition plan document prepared for distribution line activities, therefore the assessment of output is “not applicable”.


1 Better living standard of the entitled parties/APs

Since distribution line projects are unlikely to affect the income and livelihood status of the affected persons, the assessment of outcomes is “not applicable”.

2 Grievance raised by entitled parties


Case Study 3

Project name

Location

Type of Project

Implementing Agency

:

:

:

:

Development of EHVTL 500kV PLTU Central Jawa – Power Station HVTL 500kV Kesugihan

Cilacap, Central Java

Power station and transmission line

UIP Central Java (UIP JBT II)


Assessment Result


1 Project Objectives To improve the distribution of power from the Steam Power Plant Central Java to enter the distribution system for the Regions of Central Java and Jogjakarta area.

2 Project Component and Area Construction of the 14 km Extra High Voltage Transmission Line 500 kV, 35 towers and the High Voltage TL Power Station 500 kV. The project is located in Sub Districts of Adipala and Kesugihan, Cilacap District, Central Java Province.


The project is consistent with regional spatial planning, under Cilacap District Regulation, Perda No. 9 of 2011 about Cilacap Spatial Planning 2011 – 2013, supported by Cilacap Land Office Technical Land Review and the PLN Work Plan for Energy Development Acceleration, following the Presidential Decision No. 71 of 2006. The feasibility study covering the entire project including social, economic and environmental impacts of the project was developed under the ESMP SUTET in 2009, and approved by the Head of Cilacap District described in Letter No. 660.1/99/29/ 2010 dated 25 February 2010.


The length of the transmission line (TL) is approximately 14 km with 35 towers to be constructed. The 35 towers are situated in affected areas of sub district Adipala (3 villages) and Kesugihan (4 villages). A total of 135 APs (24 females and 111 male) owned the land, while the number of affected people (AP) along the Right of Way (ROW) is approximately 800.


Assessment Result

Total land area required for construction of 35 towers of Extra High Voltage Transmission Line 500 kV is 23,660.00 m2. The land area required to development of the power station (substation) is 12,306.90 m2. PLN was to acquire total land area of 35,966.90 m2 for construction and development of 35 towers of Extra High Voltage Transmission Line 500 kV and one substation. UIP JBT II made efforts to minimize impact by exploring alternative route and type of towers through frequent consultation with community starting from planning stage through the entire project cycle including project implementation. Of the selected route and tower locations UIP JBT II conducted onsite surveys to obtain detailed data on APs land ownership status and project affected assets subject to compensation.



The development of the EHVTL 500kV PLTU Central Jawa– Power Station HVTL 500kV Kesugihan was carried out under responsibility of PT PLN (Persero) Development Unit–UIP JBT II, based in Yogyakarta. The land acquisition process for project was under responsibility of the Legal, Communication and Land Manager at the UIP level and the Assistant Manager of Land at the project implementation unit – UPP level. At the UIP JBT II, two staff were responsible for the land acquisition, supported by four UPPs5 and each UPP has 3 – 4 staff responsible for the issue. The Kesugihan Project was managed under the UPP JBT III Semarang which has two staff working full time to support the project.


The personnel responsible for land acquisition both in UIP JBT II and UPPs levels have various educational backgrounds including engineering, social science, and law. They regularly join compulsory and voluntary PLN internal and external training at the PLN Learning Center or other venues, covering land acquisition process in accordance with Law #2 of 2012 and other social safeguards themes. Because of heavy workloads, staff is frequently unavailable for training activities.

3 Financial Resources: The project’s land acquisition budget was sourced from the Budget Division at the PLN HQ, which was then managed by PLN UIP JBT II. For this project, the budget allocation was

5 Four UPPs under UIP JBT II are: UPP JBT1 Bandung, JBT2 Cirebon, JBT3 Semarang, and JBT4 Cawang


Assessment Result

Availability and sufficient budget

approximately 34 billion, covering all activities during planning including, preparation, implementation, and the result submission stages.


C.1 Planning Stage


The project feasibility study carried out included the Environmental and Social Impact Assessment under the ANDAL SUTET in 2009, which was approved by the Head of Cilacap District with Letter No. 660.1/99/29/ 2010 dated 25 February 2010. A section of the social economic survey was mentioned in this document6, which included information from respondents in the affected subdistricts, but without discrimination between the affected and non-affected households. The document also provides detailed information of the land to be acquired and the owners of the sections of land, but the document does not include socio-economic profiles of the APs.


a LAP document was prepared by the UIP in accordance with the Law #2 of 2012 and Perpres #71 of 2012 and submitted for the project location determination to the Governor of Central Java on 22 May 2013. The LAP document was divided into five sections i.e. i) the objective of the development, ii) the priority of development and consistency with the regional spatial planning, iii) the general land status and location, iv) the timeline of the land acquisition and project development, and v) the land acquisition value and budget including the source of the budget.



The Central Java Provincial Government established a general land acquisition preparation team in accordance with Law #2 of 2012 under a Governor Letter No. 590/24 of 2013. The task of the team was to prepare the land acquisition preparation process for this project as well as for many other projects in the province. Thus, for the Kesugihan project, the same team was assigned as the Preparatory Team. The Central Java Provincial Government issued Governor Regulation No. 18 of 2013 on implementing guidance of land acquisition for public use, which was then amended by

6 The ANDAL doc was prepared by a qualified and certified ANDAL consultants, PT Prima Layanan Nasional Engineering and PPLH. Sudirman University, under a contract

with PLN


Assessment Result

Governor Regulation No. 60 of 2013. The regulations were intended to be the operational guidelines for the Government in acquiring land for public use in Central Java.


The PLN UIP members of the LA Preparatory Team, and other members, carried out public consultations to inform and get feedback from the affected people. During June 2013, these activities were held in the Desa Kesugihan Kidul and Adipala subdistrict community centres respectively.


The verification and preliminary identification on location of development plan, entitled parties, and land acquisition object were completed by the end of June 2013.


In July 2013, public consultations were held with the communities and landowners along the transmission lines. Initial consultations with the APs/entitled parties (APs/EPs) were conducted in conjunction with a survey of the location and prior to the identification of affected persons and assets.


In the acquired data, there was a Determination and Announcement of Project Location that listed: 1. SK Bupati Cilacap No. 590/326/03/2007 for substation 2. SK Bupati Cilacap No. 590/216/03/2009 for towers, and 3. Determination and Announcement of Project Location made by Governor Decree No.

590/23/2013.

6 Grievance handling for location determination (by governor/ regent and state administrative lawsuit)—88 days

No grievance was raised by people regarding project location.



Following the Determination of Location by the governor, the Central Java Land Office that was assigned the responsible agency for the implementation stage, sent a letter dated 15 July 2013 to the Land Office Cilacap District as their delegation to continue the activities in this stage.


Assessment Result

In the designated land office, Implementation Teams were formed with separate task forces; task force A team was responsible for measurement, mapping, and all physical identification, while task force B team was responsible for valuation of the buildings, plants and crops, in accordance with legal information from the Agriculture Office. Collected data was combined to make a list of Nominative Data and Physical Data.


In November 2013, BPN Cilacap disclosed the results Inventory and Identification results through a public consultation to gain confirmation from the entitled parties.


An independent appraiser was hired to undertake the valuation for the towers under approval of the Head of the Land Office Cilacap dated 20 January 2014 requesting completion of the task within 30 days. On 14 March 2014, the appraiser submitted the result to BPN. For the easement fee, the process to identify and verify the list of APs and provide payment was longer than the process required for the verification of APs relating to the towers. On 1 April 2014, the same KJPP was assigned to undertake the ROW compensation valuation and the payment process which continued until end November 2015.


Consultations on compensation were completed with agreements (on compensation) achieved, and the form of compensation for land acquisition usually chosen by APs is cash transferred to their accounts.


No grievances were raised by the APs/EPs or community.


The form of compensation for land acquisition chosen by the APs was cash (funds) that were transferred to the APs account.

7 Attention to vulnerable groups All AHs were treated equally; there wass no special attention given to the vulnerable groups in the land acquisition process. All project affected households/entitled parties were not


Assessment Result

considered poor and although farming wass their main occupation, there were no APs severely affected by the project.

8 Attention to gender Despite that landownership data information contained the number of male and female owners, no special attention was paid to gender sensitivity. The attendance list attached in the report and invitation documents provided no gender disaggregated data; the participation of women was not emphasized in the invitation of consultations arranged by PLN in collaboration with the village office.


Based on the Law #2 of 2012, the monitoring of the land acquisition process (LA) was under coordination and responsibility of the Land Agency, and it was applied in this project. The monitoring covers the implementation and the submission of LA result to the agency requiring the land, in this case, PLN. As the Land Office was authorized for the implementation and result delivery stages monitoring by the Land Office was confined to the process of the LAP and does not cover the impact to APs. Since the LAP for this project was developed in the frame of the ANDAL document, the monitoring and evaluation would be in accordance with the UKL/UPL reports that were produced every six months from the time the Environmental Permit was released.



The submission from the Land Office to PLN for compensation of the 35 towers was completed on 29 December 2014 and submitted after all compensation was paid. In December 2015, there were three parcels for ROW and two land ownership transferring still in process, however, all these cases have since been satisfactorily completed.

D Performance


1 Quality of LAP preparation The LAP document was developed in accordance with the approved ANDAL document and has a general explanation about the land acquisition for the public interest. It includes the purpose and objective of the development of the High VTL 500 kV PLTU Central Java – Power Station HVTL 500 kV Kesugihan Central Java, which aims to improve the capacity and energy distribution in Central Java. The LAP has documented a social economic survey, with respondents from the affected sub districts, with no breakdown between affected and non-affected households. The document also includes detailed information of the land to be acquired and the owners of


Assessment Result

the parcels of land. However, there was no separate social economic profiles of the APs, and there was no assistance offered for livelihood restoration and or corporate/social responsibility mentioned in the document.



The previous land use of affected land of the project was mostly for farming and gardening, and there were no severely affected persons in the project. There was no monitoring plan of the living standards of the entitled parties in the land acquisition document for this project. No reports on monitoring and assessment of resettlement impacts are available. However, the interviews undertaken during the field visit in December 2015 confirmed that compensation payments were undertaken based on valuation of report of the independent appraiser. Besides, the respondents –former landowners and the Head of village Pesanggrahan of Kesugihan Subdistrict - expressed satisfaction with regard to the received compensations being nearly three times higher than estimated market price by that time.


No complaint/grievance was lodged by the APs/EPs on compensation and/or project plan.


Acquisition of land required for the given project was timely completed, with the exception of three land parcels located within the ROW being acquired with by the end of 2015.

Case Study 4

Project name

Location

Type of Project

Implementing Agency

:

:

:

:

Development of Gas Power Plant/Gas Engine (PLTG/MG) Minahasa Peaker,

Planned to be financed by ADB

Minahasa, North Sulawesi

Gas Power Plant/Gas Engine and Port

UIP North Sulawesi (UIP Sulbagut)


Assessment Result


1 Project Objectives To provide expanded access to modern and cleaner energy services in Eastern Indonesia

2 Project Component and Area Construction of three 50 MW Gas - fired generation, jetty, and road access/transmission line. The project is in Wineru Village, East Likupang Sub District, North Minahasa District, North Sulawesi Province.


The project is consistent with the Spatial Planning Map North Sulawesi 2010 – 2030. The Spatial Planning Office has issued Letter No.025/DPRP/III/2014 confirming the feasibility of the location for the specific intended development, and the PLN General Plan of Electricity Development (RUPTL) of 2015 – 2024.


There will be two parcels to be acquired by PLN UIP for Minahasa Peaker for a total of 15.49 ha. For the power plant facility, about 14.29 ha was acquired using the land acquisition law procedure (facilitated by the government). The parcel for the road/transmission line is about 1.2 ha to be acquired using PLN procedure for land acquisition of 5 hectares and below. A total of 19 households (56 persons) will be affected by the project in terms of loss of land, structures, trees and crops.



Assessment Result


The PLTG/MG Minahasa Peaker (150 MW) project is prepared under PT PLN (Persero) UIP North Sulawesi (Sulbagut), based in Manado. The land acquisition process for project is under accountability of the Legal, Communication and Land Manager at the UIP level and the Assistant Manager of Land at the project implementation unit – UPP level. At the UIP Sulbagut four staff are responsible for the land acquisition, supporting three UPPs, and each UPP has 2 – 4 staff dealing with the issue.


The personnel responsible for land acquisition both in UIP Sulbagut and UPPs levels have various educational backgrounds including engineering, social science and law. They regularly join PLN internal and external mandatory and voluntary training in PLN Learning Center, usually in Makassar, covering the land acquisition process (in accordance with Law 2 of 2012) and other social safeguards themes.


There are no budget issues in respect of land acquisition. The source of budget for the project’s land acquisition is from the Budget Division at the PLN HQ, which is then managed by PLN UIP. For this project, per the LAP document prepared in 2016, the budget allocated was approximately 19.4 billion (US$ 1,4million) covering activities during planning, preparation, implementation and the result submission stages. This budget does not include budget for livelihood restoration program taken from CSR for sharecroppers.


C.1 Planning Stage


The feasibility study for the land acquisition includes project location feasibility, initial environmental impact assessment, and identification of entitled parties Feasibility study for preparing LARP for ADB is more comprehensive including socio and economic profile of sharecroppers and identification of vulnerable groups.


Since the land required was more than five hectares, a LAP document was prepared by the UIP in accordance with the Law 2 of 2012 and Perpres 71 of 2012, and submitted for the project location determination to the Governor of North Sulawesi, 21 January 2016. This submission was the second submission following a previous project location determination in 2015.


Assessment Result

The LAP document was divided to six chapters: i) the background and objective of the development, ii) the general condition of the location, iii) the timeline of the land acquisition and project, iv) the land acquisition value, v) the land acquisition budget including the source of the budget, and vi) the closure. As the project is planned to be included in the ADB financed project, a resettlement plan (RP) has been prepared for ADB’s requirements. The contents of the draft RP are more comprehensive, as it include detailed identification and inventory of affected persons (include land owners and sharecroppers) as well as land acquisition objects, such as land parcels, plants, and buildings on the coastal area that might be affected by the proposed project.



The North Sulawesi Provincial Government established the LA Preparatory Team in accordance with Law 2 of 2012, with the task to prepare the land acquisition process for the project. The LA Preparatory Team is experienced in handling land acquisition preparation.


The PLN UIP and other members of the LA Preparatory Team, carried out the initial public consultation on 18 February 2016 to inform the community about the development plan, provide general information about the project and obtain feedback from participants.


The verification and preliminary identification on location of development plan, entitled parties, land acquisition object were carried out during March and April 2016.


Public consultations were held at the end of April 2016 with the landowners. The consultation with the affected community was held in the Likupang Village during the same time.


The Determination of Project Location was issued under the Letter of North Sulawesi Governor No. 145 of 2016; this Letter supersedes the previous Determination of Project Location issued in 2015, since there was a relocation of some facilities under the recent 2016 Project Location


Assessment Result


No grievance was raised by affected people regarding the project location



After the Determination of Location has been issued by the governor, the North Sulawesi Land Office was assigned as the responsible agency for the implementation stage. In the designated land office, the Implementation Team was formed, the team has two task forces, the A task force responsible for measurement, mapping, and all physical identification, and the B team responsible for the valuation of the buildings, plants and crops, in accordance with information obtained from official sources on prices of crops and plants released by Agriculture Office, as well as the prices of construction to determine the replacement cost of project affected structures. The data was combined to make a list of Nominative Data and Physical Data.


During the disclosure of the Inventory and Identification Result for confirmation from the entitled parties, the affected community and landowners agreed with the presented results and documented their confirmed consent.


An appraiser team was hired from Makassar, and the result of the appraisal was submitted to the PLN in June 2016.


The APs confirmed their preference to receive land cash compensation through wire transfer of compensation amounts to their personal bank accounts.


During the agreement on compensation period, which was at the end of June 2016 and just before the compensation was about to be paid to the APs, an individual third party claimed land ownership of the entire area (approximately 500 hectares), based on a legal paper from the Dutch era. The person went to the court and made an appeal. Because of the claim, PLN deposited the compensation at the court until the decision about the owners of the land



Assessment Result

was made by the court. The two owners that were in the list of the LAP agreed that they would follow the court decision about the ownership of the land. Compensation for land acquisition objects for transmission line is not delivered yet.

7 Attention to vulnerable groups

All affected households are treated equally, there is no special attention given to vulnerable groups in the land acquisition process. All the affected households/entitled parties are not considered poor and while farming is their main occupation, no households would be severely affected by the project

8 Attention to gender There was no special attention for gender sensitivity; women’s participation was not emphasized in the invitation of consultations arranged by PLN in collaboration with the village office.


Based on the Law 2 of 2012, the monitoring of the LA process is under coordination and responsibility of the Land Office. The monitoring covers the implementation and submission of the LA result to the agency or office requiring the land, in this case, PLN. Since the Land Office is responsible for the implementation and result delivery stages, monitoring is confined to the process of the LA, and does not cover the impact to the APs.



The submission from the Land Office to PLN has not yet been competed as the land ownership dispute was still in the court when the assessment was carried out in July 2017.

D Performance


1 Quality of LAP preparation The land acquisition documents were developed thoroughly in accordance with the government regulations and included a social economic survey, with respondents from the affected sub districts, although the survey does not have a breakdown of data between affected and non-affected households. The documents include detailed information of the land to be acquired and the owners of the pieces of land. However, there was no separate social economic profiles of the APs, no assistance offered for livelihood restoration and/or corporate/social responsibility mentioned. There was no monitoring plan regarding the living standards of the entitled parties.



Assessment Result


The previous use of affected land for the project was mostly for farming and gardening, and there was no severely affected person in the project. Since there is a dispute on the land ownership, there is no response so far regarding compensation from APs owning the land.


Apart from the claim from the thirdparty regarding land ownership, there was no complaint/grievance lodged by the APs/EPs on the compensation and project plan. In interviews with residents of Wineru Village, including the head of the village, during a field visit in July 2017, the community voiced their support for development of the project. They compared this project with other major projects in their area i.e. a gas project by PLN and a solar project by a private company pointing out that these also were welcome and supported7.


Because of the land ownership dispute, the completion of the land acquisition in this project was on hold, pending the court decision.

7 With the exception of gold mining project nearby the Wineru Village that was rejected due to its potential environmental impacts.

Case Study 5

Project name

Location

Type of Project

Implementing Agency

:

:

:

:

RBL - Electricity Grid Strengthening—Sumatra Program

Sumatera

Transmission Lines, Sub-station, Distribution Lines

PT. PLN (Persero);


Assessment Result


1 Project Objectives The program’s impact will be enhanced quality of life in Indonesian society with the sustainable use of electricity as a key driver of increased economic activity. The expected outcome is the achievement of an adequate and reliable power supply for Sumatra.

2 Project Component and Area PLN has a preliminary list of output 1 activities, which could be revised or expanded. While the general areas of output 2 are known, the specific sites will be determined during program implementation. Output 3 is related to improved performance management and implementation, and does not involve physical activities. Output 1. Existing transmission system in Sumatera strengthened and expanded: (a) existing 150 kilovolt (kV) transmission lines reconductored; (b) 150 kV and 275 kV substations extended; (c) 150 kV and 275 kV reactors and capacitors installed, and (d) outgoing 20 kV switchgears at existing 150 kV substations expanded. (ii) Output 2. Existing distribution system in Sumatera strengthened and expanded: (a) medium-voltage (20 kV) and low-voltage distribution network expanded and reinforced; (b) distribution transformers installed; (c) service connections and feeders installed, and (d) customer meter boxes and circuit breakers installed. Output 3. Performance management and implementation improved: (a) PLN staff training and certification programs accelerated, and


Assessment Result

(b) obstacles in contract implementation processes analyzed and resolved.


The proposed development project is consistent with the National Medium Term Development Plan (RPJMN), 2015‒2019 and PLN’s Electricity Power Supply Business Plan (RUPTL), 2016–2025.


The PSSA also confirmed the categorization for involuntary resettlement as B, because the program’s impacts are not deemed significant. The program’s activities related to extension of substations, installation of reactors and capacitors, and expansion of switchgears will take place in the existing substations’ premises owned and managed by PLN, and will not require any involuntary resettlement. These activities which require land acquisition, if any, will be excluded from the program. The expansion of the distribution network (including installation of distribution transformers) will require (i) use of no more than 0.2 m2 of land for installation of concrete poles; and (ii) possible removal of non-land assets (primarily trees) for stringing of conductors.



PLN’s UIPs in Sumatera are responsible for the development of substations and transmission lines and Sumatra load dispatch center (P3BS), which is responsible for the operation and maintenance of substations and transmission lines. Sumatra has two development units: (i) in Medan, covering North Sumatra (Medan), Aceh, Riau, and West Sumatra provinces; and (ii) in Palembang, covering South Sumatra, Jambi, and Lampung provinces.


Each PLN UIPs has a safeguard team, comprising about 10 staff members. It handles environment and land acquisition issues. In some cases, to accelerate the implementation of safeguard measures, PLN establishes a project implementation unit for specific projects. Each PLN regional office has a safeguard unit with two or three staff depending on the number and scale of projects allocated. It oversees the compliance of safeguard-related laws and regulations and PLN guidance.


Assessment Result


If a distribution line is installed upon the request of a community, the head of a village submits a statement letter on behalf of the community group (including affected persons) signed by the community representatives with a written commitment to bear any costs, damages, or any other impacts incurred due to the project without any compensation whatsoever. Thus no compensation is provided to the affected persons. For other cases, if utility poles need to be located on private land except for those with distribution transformers, then only a verbal agreement from the landowner is obtained. If non-land assets need to be removed, the affected persons will be provided with a “cutting cost” for the affected trees (in lieu of compensation) or compensation for other non-land assets, if any, only if requested by the affected persons. The “cutting cost” or compensation, if any, is handled by contractors based on negotiated settlement referring to the local market rates of the assets. Contractors bear the cost of compensation as part of the mobilization cost needed for the clearance of the project site. The budget for such compensation is covered by their overheads, contingency, and profit.


C.1 Planning Stage


There is project feasibility study prepared for this RBL.


There is no land acquisition plan document required because there is no land acquisition.



N/A


Assessment Result


N/A


N/A.


PLN conducts meaningful consultation with potential affected persons in conjunction with the contractors prior to civil works. Possible damage is unknown during consultation, because it is mainly accidental in nature during civil works. Potential damage of non-land assets and compensation for the damage are well explained to the potential affected persons prior to the commencement of civil works to avoid problems after the occurrence of damage. For any damage to non-land assets (primarily trees and crops), the affected persons are provided with compensation by contractors based on negotiated settlement referring to the local market rate of the assets. The cost of compensation is borne by the contractors as part of overheads, contingency, and profit. For the installation of distribution lines, PLN starts meaningful consultation from the planning stage. The agenda of the consultations includes the project plan, cable stringing that may require removal of non-land assets (mainly trees), and agreement with landowners for the use of land if poles need to be located on private land.


N/A


N/A



Assessment Result


N/A


N/A


N/A


N/A


PLN has a very effective complaints management system through (i) call center 123, which can be accessed by anyone anywhere in Indonesia through the website, email, telephone, and social media; (ii) online by using integrated complaint solving application (APKT); and (iii) frontline, i.e., customer services. PLN regional offices and units immediately act on community complaints including those related to construction impacts, environment, community health and safety, and resettlement issues, by deploying PLN technical service responders.


N/A


Although expanding and strengthening the electricity grid has no gender-specific actions, women will be able to draw specific benefits from the program. Having a reliable and affordable supply of electricity in the household will reduce the time and energy women spend in gathering wood for cooking. It will also enable women to run income generating activities such as sewing and food processing from their own homes.


Assessment Result


N/A



N/A

D Performance








Case Study 6

Project name

Location

Type of Project

Implementing Agency

:

:

:

:

RBL – Sustainable Energy Access in Eastern Indonesia—Electricity Grid Development Program

Nusa Tenggara Barat (West) (NTB), Nusa Tenggara Timur (East) (NTT), and Sulawesi

Distribution Lines

PT. PLN (Persero);


Assessment Result


1 Project Objectives The expected outcome is expanded access to more reliable electricity services for residential, commercial, and industrial customers in the Eastern Indonesian provinces of Nusa Tenggara Barat (West) (NTB), Nusa Tenggara Timur (East) (NTT), and Sulawesi.

2 Project Component and Area Output 1. Distribution system strengthened and expanded. Output 1 will help address the financing needs for the expansion and strengthening of the distribution system and consequently improve electrification rates, reduce overloading and address reliability issues for the local population and businesses. Output 2. Operational management and implementation capacity strengthened. This output will contribute to PLN’s overall efforts to: (a) address operational challenges, such as by reducing non-technical losses, payment defaults, and technical staff servicing costs in remote areas through expanding the use of digital pre-paid meters; and/or (ii) support innovation through pilot-scale smart grid projects, which will reduce non-technical losses, integrate the expanded use of intermittent renewable energy sources, and better manage demand fluctuation; and/or (iii) improve waste treatment practices and enhance consultations with land owners on location of distribution transformers; and/or (iv) track the timely implementation of contracts. Distribution transformers are classified into two categories based on mounting location; pad-mounted transformer and pole-mounted transformer.5 Pad-mounted transformers will be


Assessment Result

installed on (i) the premises of customers who require power at the primary distribution level, which are generally large commercial centers or industrial complexes; or (ii) public land.


The proposed development project is consistent with the National Medium Term Development Plan (RPJMN), 2015‒2019 and PLN’s Electricity Power Supply Business Plan (RUPTL), 2016–2025.


The PSSA also confirmed the categorization for involuntary resettlement as B, because the program’s impacts are not deemed significant. It will not require any land acquisition and involuntary resettlement. The expansion of the distribution network (including installation of distribution transformers) will require (i) use of no more than 0.2 m2 of land for installation of concrete poles; and (ii) possible removal of non-land assets (primarily trees) for stringing of conductors.



PLN regional offices (wilayahs) are responsible for the construction, operation of power plants, substations, transmission lines and distribution lines. Each wilayah has some units called Area which is in charge of construction of distribution lines and operation of substations, transmission lines and distribution lines. Each Area has some units called Rayon which is in charge of customer services including maintenance of distribution lines within sub districts. There are one wilayah each in NTB (headquartered in Lombok) and NTT (headquartered in Kupang), and two wilayahs in Sulawesi; (i) Sulselrabar (headquartered in Makassar) covering the provinces of South Sulawesi, West Sulawesi and South East Sulawesi; (ii) Suluttenggo (headquartered in Manado) covering the provinces of North Sulawesi, Central Sulawesi and Gorontalo.

2 Human Resources: Number and qualification handling social safeguards in units and projects, capacity

Each PLN wilayah has one to two staff assigned to oversee implementation of health, safety and environmental policies. Some Areas have one to three safety officers who monitor the health and safety aspects


Assessment Result

building conducted for the land acquisition in the project


If a distribution line is installed upon the request of a community, the head of a village submits a statement letter on behalf of the community group (including affected persons) signed by the community representatives with a written commitment to bear any costs, damages, or any other impacts incurred due to the project without any compensation whatsoever. Thus no compensation is provided to the affected persons. If non-land assets need to be removed, the affected persons will be provided with a “cutting cost” for the affected trees (in lieu of compensation) or compensation for other non-land assets, if any, only if requested by the affected persons. The “cutting cost” or compensation, if any, is handled by contractors based on negotiated settlement referring to the local market rates of the assets. Contractors bear the cost of compensation as part of the mobilization cost needed for the clearance of the project site. The budget for such compensation is covered by their overheads, contingency, and profit.


C.1 Planning Stage


There is project feasibility study prepared for this RBL.


There is no land acquisition plan document required because there is no land acquisition.



Assessment Result


N/A


N/A


N/A.


Consultation (socialization) and coordination with the village heads are conducted by PLN and contractors prior to civil works in close coordination with relevant local government agencies because the distribution line are generally constructed along the public roads. For the installation of distribution lines in the area of Indigenous Peoples, PLN starts consultation with village heads from the planning stage, and respects and takes into consideration the options the affected Indigenous Peoples prefer in relation to the provision of project benefits and the design of mitigation measures.


N/A


N/A



Assessment Result


N/A


N/A


N/A


N/A


PLN has a very effective complaints management system through (i) call center 123, which can be accessed by anyone anywhere in Indonesia through the website, email, telephone, and social media; (ii) online by using integrated complaint solving application (APKT); and (iii) frontline, i.e., customer services. PLN regional offices and units immediately act on community complaints including those related to construction impacts, environment, community health and safety, and resettlement issues, by deploying PLN technical service responders.


N/A


Although expanding and strengthening the electricity grid has no gender-specific actions, women will be able to draw specific benefits from the program. Having a reliable and affordable supply of electricity in the household will reduce the time and energy women spend in gathering wood for cooking. It will also enable women to run income generating activities such as sewing and food processing from their own homes.


Assessment Result


N/A



N/A

D Performance








Case Study 7

Project name

Location

Type of Project

Implementing Agency

:

:

:

:

PLN Kaltimantan Timur (Kaltim) Peaker 2 (100 MW)

Kutai Kartanegara District, East Kalimantan Province

Power Plant

PT. PLN (Persero) UIP Kalimantan Timur (UIP X); Financing is supported by ADB.


Assessment Result


1 Project Objectives The project objectives are: (i) Increasing electricity supply in the region of East Kalimantan, especially in the Kutai regency; (ii) Implement Accelerated Development of Power Generation ; (iii) Increasing the availability and reliability of electricity supply from gasfired power plant in East Kalimantan province; (iv) Providing sufficient energy to fulfill the load demand especially during peak hours;

2 Project Component and Area The proposed gas-fired gas turbine power plant, 100 MW Kaltim 2 Peaker, will be constructed within an existing facility, the Tanjung Batu Facility located along the bank of the Mahakam River at Tanjung Batu Village, Tenggarong Sebrang district, Kutai Kartanegara District, East Kalimantan Province, about 25 km from the province capital Samarinda. The project site for Kaltim Peaker 2 is directly bordering the existing Kaltim 1 Peaker site and the Tanjung Batu Power Station Complex area in the North. PLN plans to build a new power plant using dual fuel type (fueled by gas or HSD fuel) to serve peak load (peaking) with Net Power Output capacity of 100 MW + 10 % Kaltim-2 Peaker. The following project-related infrastructure have already been completed: (i) Access road, (ii) Jetty (for diesel), (iii) Diesel storage, (iv) Power evacuation lines to the transmission system, (v) Cooling water supply, and (vi) Waste water discharge.


Assessment Result


Spatial Regional Planning is defined in Chapter V of the Regulation Kutai Kartanegara District No. 9, Year 2013, Article 53, paragraph (1) and (2) explains that the village of Tanjung Batu is one of the areas designated as an Industrial Zone. As the planned Kaltim Peaker 2 site is located within an Industrial Zone, the chosen location is appropriate. The proposed Kaltim Peaker 2 is consistent with the National Medium Development Plan, Strategic Planning, and Work Plan of PLN.


The Kaltim Peaker 2 will be within the Tanjung Batu Power plant complex also known as the PLTGU (Combined Cycle PP) Tanjung Batu Facility located at the bank of the Mahakam river. The existing 171 ha facility is enclosed by fences and used for the existing power plants and related facilities such as substation, control room, storage facilities and office buildings. Security personnel guard the complex around the clock. Of the total area, 5 ha will be used for the Kaltim Peaker 2, hence there is no need to acquire additional land. PLN started acquiring land in 1998 on to 2006 for a total of 1,709,190 m2 (171 ha). While there is no land acquisition involved, displacement will still occur on lands where agreements were made prior to current use and construction and operation of Peaker 2 per result of the noise assessment under the EIA. It was determined that 1 sharecropper and the SMP/Junior High School will be affected and will thus have to relocate.



The Kaltim Peaker 2 (100 MW) project is prepared under PT PLN (Persero) UIP Kalimantan Timur (UIP X) in Samarinda.


The UIP team in Samarinda in charge of land acquisition is supported by one (1) Manager (Legal, Communication and Land Affairs), one (1) Assistant Manager for Land Acquisition, and eight (8) staff in charge for social safeguards for the power plant in Kalimantan Timur region. The UIP team is also supported by the Project Management Unit team located within the power plant site.


Assessment Result

PLN UIP Kalimantan Timur staff attended trainings (including training on environmental and resettlement safeguards) provided by the academies (Education and Training Center) of PLN Corporate University. All staff are entitled to select and attend trainings twice a year.


For budget, since there is no land acquisition, however, displacement will still occur on lands where agreements were made prior to current use and construction and operation of Peaker 2. The Due Diligence Report confirmed that there is an action plan on the potential displacement, which describes PLN unit involved, timeframes and budget allocation.


C.1 Planning Stage


A Due Diligence Report on Social Safeguards has been prepared for this subproject.


There is no land acquisition plan document prepared for this project, however, there is RCCD Framework prepared by PLN. This due diligence confirms that PLN had been compliant with existing policies and principles related to involuntary resettlement and indigenous peoples at the time land acquisition for the PLTGU Tanjung Batu Facility was implemented in the early 1990s.



Not applicable for Kalimantan Timur Peaker 2 as the land required has been acquired by PLN.


Assessment Result




Verification and preliminary identification survey was done by PLN UIP Kalimantan Timur team together with ADB PPTA Consultant.


Together with PLN safeguards officials, the PPTA safeguards team conducted three site visits for this public consultations:

(i) The first field visit was on 09-11 August 2016; (ii) The second field mission was on 18-21 October 2016; and (iii) The third field mission conducted on 20-23 September 20176 as prompted by the

completion of the air and noise modeling conducted from March-April 2017. Key interviews and focus group discussions – After courtesy calls, key interviews of persons with institutional memories about the 1994-land acquisition process were conducted with PLN Sektor Mahakam, staff of UIP Kalimantan Timur, BPN Tenggarong, and affected households (AH) in 1994. ( Groups numbering 5-12 persons were consulted regarding activities pertinent to land acquisition. PLN local staff involved in community relations were interviewed as well as AHs. See Appendix 2 for list of attendees and Appendix 3 for photo documentation of all consultations.




Assessment Result





N/A


N/A


Not applicable for Kalimantan Timur Peaker 2 as the land required has been acquired by PLN. However, PLN safeguards officials, together with the PPTA safeguards team have conducted survey for potential of displacement. The team developed also action plan for relocation of sharecropper and school.


Several consultations were conducted by PLN safeguards official and PPTA team during 2016 – 2017.


Grievance redress will be set up as adapted from the project RCCDF. GRM provided and disseminated in PIB distributed in 2nd Quarter 2017.


N/A


Assessment Result


Assistance provided by PLN in the form of CSR - continuously through time --- to vulnerable members of the affected households and the rest of the immediate community.


Monitoring for the action plan will be coordinated with the environmental monitoring plan as committed by PLN. Semi-annual monitoring for social safeguards will be prepared, a guide is provided.



Since there is no land acquisition plan document prepared for distribution line activities, therefore the assessment of output is “not applicable”.

D Performance





Provided replacement land, same size and better conditions in May/June 2017; continued farm production in the 2 farmlands while waiting for exact time PLN needs land for Peaker 2. School relocate within PLN land. PLN continued support to school operations. Favor relocation because potential site much closer to homes New school ready before old one demolished; not disrupt schooling. PLN hired local community during construction and operations of the power plant.


Most of the grievance raised could be addressed by PLN.


Since there is no land acquisition plan document prepared for distribution line activities, therefore the assessment of output is “not applicable”.

Case Study No. 8

Project name : Location : Type of Project : Implementing Agency :

Indonesia: Java-Bali 500 kV Power Transmission Crossing Project East Java (Probolinggo, Situbondo, and Banyuwangi) and Bali Provinces (Buleleng, Jembrana, and Tabanan) Transmission Line/Substation UIP Eastern Java – Bali I


Assessment Result


1 Project Objectives To prepare a power interconnection project for supplying power to the Bali power grid and enhance the reliability of power supply in the famous tourist island, where new electrical connections are being presently denied due to non-availability of power.

2 Project Component and Area Project will consist of construction of 500kV power transmission line (TL) from Paiton in East Java Province to New Kapal in Bali Province and associated sub-stations at New Kapal ( Antosari) as well as extension of Paiton sub-station. The project along 219.16 km with 512 towers will traverse East Java and Bali Provinces covering three regencies (Probolinggo, Situbondo and Banyu Wangi) in East Java Province and two regencies (Buleleng, Jembrana and Tabanan) in Bali Province

Component Project Financing Resettlement Impacts

Component 1

Extension of Paiton 500kV substation ADB and PLN

No Component 2

HVTL 500 kV Paiton-Watudodol Transmission Line (130.60 km),

ADB and PLN

Yes

Component 3

HVTL 500 kV Watudodol - Segara Rupek Overhead Sea Crossing (2.68 km),

KfW, PLN

Yes

Component 4

HVTL 500 kV Segara Rupek – Gilimanuk Transmission Line (10.44 km),

PLN yes

Component 5

HVTL 500 kV Gilimanuk – New Kapal Transmission Line (75.44km),

ADB and PLN

Yes Component 6

New Kapal (Antosari) 500 kV and 150 kV substations.

ADB, AIF, PLN

Yes


Assessment Result

Component 7

Extension of 150 kV Substations in Negara, uprating in Payangan- Bali

ADB and PLN

No

Extension of 150 kV Substation in Lumajang, Wonokromo, Banaran, Manyar, Cerme, and uprating in Sampang, Souter Surabayam Altaprima, and Babat – East Java


The project has been consistent with regional spatial planning, Medium Development Plan, Strategic Planning, and Work Plan of PLN. To ensure that the project is in line with regional spatial planning, PLN UIP has several times of coordination meetings with the LGs where the projects are located. The land acquisition has been planned since 2013, yet this just could be started in 2015 because of delays if final project alignment.



UIP Eastern Java – Bali I


Staff under the Land acquisition sub division supported by communication and law staff under the Division of Law, Communication, and Land in UIP are handling the project. Staff handling alignment survey also support the safeguards The UIP team is also supported by social safeguard staff and manager of UPP in Banyuwangi. For LARP/LAP preparation, the UIP’s team was supported by the PPTA safeguards team. And for the update, the UIP mobilized surveyor to carry out the detailed measurement survey and socio economic survey.


Assessment Result


The budget estimates for land acquisition and IR safeguards is IDR 840,000,000,000 (US$ 62,000,000, -) The budget of land acquisition and IR safeguards is part of project budget. The budget is managed by UIP Eastern java – Bali I. Budget is available and no budget constraint.


C.1 Planning Stage


Feasibility study was prepared that included; i) inventory of loss and socio economic survey, environmental and social impact assessment (AMDAL), financial analysis, study on Bali customary. Review of socio economic and consultations were carried out for the AMDAL preparation


As the project is financed by ADB, there are two land acquisition and IR safeguard prepared. LARP submitted to ADB and LAP is submitted to Governors of Bali and East Java for project location determination. However, the data of the losses for both documents are similar. The project will affect to require a total of 752.25 hectares (ha) of land comprising forestryland (186.49 ha), PLN-owned land (2 ha for component 1), and private or company land(563.76 ha). Of the 752.25 ha, only about 439.1 ha will be permanently acquired for tower footing and substation, while the 701.82 ha for ROW will only be restricted in land use. atotal of 473 HHs with 1,483 APs in the two provinces (East Java and Bali) will be affectedby the project. There are 210 HHs from East Java and 254 HHs from Bali. The inventory of loss and socio economic survey were carried out for the preparation of the LARP/LAP with close consultations with the APs and stakeholders. Land acquisition for this project uses procedure set in the land acquisition law (Law 2/2012) The LAP was submitted to Governors of Bali and east Java in Q4 2015.



The establishment of the preparatory team by the Governor in Bali experiences delays, while in east Java was done timely.


Assessment Result


The notification of development plan, its impacts, and location was done by land acquisition preparatory team at provincial government that involve District Government and sub District Government.


PLN’s land acquisition team (UIP and UPP) under the Land Sub division of UIP proactively supported the land acquisition preparatory team in verification and identification carried out by the land acquisition preparatory team. UIP General Manager is the member of the land acquisition preparatory team and the GM is supported by the staff.


PLN’s land acquisition team from UIP and UPP has been proactively support the land acquisition preparatory team both in East Java and Bali conduced public consultations. There have been quite long delays of public consultation in Bali because of the reluctant from the Buleleng District Government on the project. The Local governments and parliaments that originally supported the project wanted the regional government of Bali to be independent in building the power plant, rather than depending on the electricity supply from Paiton, East Java. The public consultation was conducted at sub district level with attention to gender and ensure all APs/entitled parties participated including vulnerable groups.

5 Determination and announcement of Project Location (Penetapan Lokasi? (14 days)

Project location determination was announced district by district. The announcement and issuance of project location determination in Banyuwangi experienced delays because of complaints raised by a company and an affected household. Project location determination in Bali has not been issued as the LG was reluctant to proceed with the project and public consultations.


Complaints were raised by a company and a HH. They objected that the transmission line (4 towers) will traverse their areas. After several times of dialogues between land acquisition preparation team including UIP as a team member-- and the complainants, the complainants finally agreed their areas are traversed by the TL. The reroute of the TL alignment will have more risk as this will traverse the residential areas and many peoples will be affected. It took around 6 months to settle the issue. No complaints raised by the APs in other areas.



Assessment Result


Detailed inventory and identification of entitled parties and land acquisition objects have been conducted for East Java.


It has been done in Situbodo District.


UIP Eastern Java – Bali has been hiring the independent appraiser to value the land acquisition object for compensation in East Java. The valuation for Sistubondo has been done, while for Banyuwangi is ongoing.


Deliberation of compensation for Situbondo has been done, while other areas in East java will be early 2018. All entitled parties were invited.

5 Grievance Handling (at LAIT level and State Administrative Court lawsuit--88 days)

No complaint brought to the court. Complaint raised by entitled parties has been settled at the level of land acquisition implementation team.


Compensation payment is planned to be delivered starting in December 2017.


All entitled parties including vulnerable groups should be invited in the public consultations and ensure all entitled parties and affected communities agreed with the project plan and location.

8 Attention to gender Attention to gender is paid attention during consultations, payment, and inventory of losses. In Bali. Consultations considered days in which the women should be at home to prepare for customary ceremonies and could not participate in meetings.


Assessment Result


Internal monitoring I has been prepared and submitted to ADB



D Performance


1 Quality of LAP Preparation The quality of LARP and LAP are good.



Compensation will be provided based on valuation of independent appraisers and the standard of valuation method issued by association of appraiser has been at replacement cost.


Grievance raised for project location determination is only from 2 parties (a company and a HH).


There has been delays of land acquisition process, especially in Bali because of “non-safeguards issue”. The project component of 1,2,5, and 6 were cancelled because of safeguards issues.

Case Study 9

Project name:

Location :

Type of Project :


INO: West Kalimantan Power Grid Strengthening Project: Tayan – Sanggau – Sekadau Financed by ADB and ADF Sanggau and Sekadau Districts

Transmission Line & substations

PLN UIP X Balikpapan and since 2017 is managed by PLN UIP Western Kalimantan.


Assessment Result


1 Project Objectives The project will improve electric power supply as well as reliability of the power service in Sanggau and Sekadau regencies, West Kalimantan. It is expected that these transmission lines will create multiplier effect in economic development at various scales in Sanggau and Sekadau regencies and surrounding regions in West Kalimantan

The project is under INO: West Kalimantan Power Grid Strengthening Project financed by ADB with co- financing with ADF. The project is an additional component agreed by ADB in 2016. The previous component is West Kalimantan Power Grid Strengthening Project, 275 TL and West Kalimantan Power Grid Strengthening Project, 150 KV TL.

2 Project Component and Area The project comprises; • Construction of approximately 148.42 km of 150 kV double-circuit transmission line

between Tayan-Sanggau-Sekadau to be completed by 2018. The 150 kV transmission line RoW requires 20 m wide (10 m +10 m) along 71.13 km of the transmission line route from Tayan-Sanggau and along 77.29 km route from Sanggau to Sekadau.;

• 150/20 kV substations in Sanggau and Sekadau and extension of 150 kV Tayan substation to be completed by 2018.


Assessment Result

The transmission line project is in Sanggau and Sekadau Districts. In Sanggau, the project travers 16 villages located in 5 sub districts, while in Sekadau it travers in 10 villages located in 2 sub districts.


For the construction of a new substation in Sanggau and Sekadau, PLN acquire 2.9050 ha of land which belong to 2 AHs and 450 trees of rubber. For construction of tower base construction :(i) a total of 76,275 m2 of farmland and 50 m2 of residential land belong to 297 private households, including 2 customary land and 4 institutions, will be acquired by PLN. (ii). There is part of a house to be acquired and an entire farm shed to be acquired, but according to PLN this tower will be rerouted to avoid affected structure, (iii). Four thousands one hundreds fifteen of perennials of various species with commercial value were counted during IOL, whose owners have been identified.


The project has been consistent with regional spatial planning, Medium Development Plan, Strategic Planning, and Work Plan of PLN. Project location determination for substation and transmission line was issued in April 2014 for Sanggau – Sekadau (126 T) and March 2016 for Tayan – Sanggau (235 T)



The executing agency of the project is PLN HQ, while the implementing agency is PLN UIP X Balikpapan. Since 2017, this project is managed by PLN UIP Western Kalimantan.


Land acquisition is handled by sub-division of land acquisition under the Division of Law, Communication, and Land at UIP with the support of staff handling land acquisition from UPP. To carry out the identification of entitled parties/affected persons and land acquisition objects (losses), PLN land acquisition team was supported by the consultants. A total of 20 surveyors working for the identification.


Assessment Result


The budget for implementation of land acquisition with attention to customary community’s plan is from PLN managed by PLN UIP X Balikpapan (the project currently is under the UIP Western Kalimantan). Total budget estimate is IDR 40 billion (US$ 3 billion). No budget issue for land acquisition.


C.1 Planning Stage


The feasibility study for the land acquisition include project location feasibility, initial environmental impact assessment, and identification of entitled parties, potentially affected assets and possible social risks. Initial consultations to plan the transmission line routes as well as to obtain consent from affected land owners were also done by the team who prepared project feasibility and Land Acqusition Plan / Resettlement and Customary Community Plan (LAP/RCCP) study to produce LAP and RCCP documents.


Since the project is financed by ADB, two planning document were prepared; i) LAP document for processing project location determination; ii) Resettlement and Customary Community Plan (RCCP) prepared for ADB’s requirement. The LAP prepared for the issuance of project location determination was a simple document that include; the project background and objective of the development, ii) the general condition of the location, iii) the timeline of the land acquisition and project, iv) the land acquisition value, v) the land acquisition budget including the source of the budget. Document of RCCP contains more complete information including detailed identification of the APs/entitled parties, affected assets, socio-economic survey, consultation plan, disclosure, institutional arrangement, schedule of implementation, and monitoring. A majority of the AHs (61%) are Dayak ethnic considered customary communities (indigenous people), followed by Malay, Chinese, Javanese and other ethnics. The inventory of losses identified that among 269 AH except in Mungguk and Ambara Villages, 136 are vulnerable households and 5 AH are severelly affected. Those vulnerable households, 17 AHs are considered as


Assessment Result

vulnerable (women headed or elderly headed). There are no other AHs who are categorized as vulnerable such as (i) households headed by disabled, (ii) households falling under the generally accepted indicator for poverty, or (iii) landless households.This number might change during implementation. The vulnerable and severelly affected groups will be provided with the culturally appropriate LRP which might be given in the form of distribution of perennial crops seeds to the AHs and capacity building for farming and opportunities of project related jobs to ensure that at least, their standard of living will not be worse off due to the loss of their assets and livelihood by the project.



Responsible agency in the Preparation Stage is Provincial Government or District Government. A land acquisition preparatory team (Preparatory Team), led by District Government under the Sekretaris Daerah (Sekda), was established at the preparation stage of land acquisition. This Land Acquisition Preparatory Team conducted the following activities: notification/initial public disclosure of the development plan; verification and identification of entitled parties and land acquisition objects; public consultation and agreement on location of planned development with entitled and affected communities; announcement of location of the development; handling grievances for project location determination.


It was done by the land acquisition preparatory team. PLN team supported the activity.


PLN UIP and UPP handling land acquisition was actively in supporting the local government for preliminary identified location of development plan, entitled parties, land acquisition object.


Assessment Result


Public consultation was done with the entitled parties or land owners whose land to be used for substation and tower construction. The owners of land to be restricted by the transmission line towers right of way (RoW) are mostly the same owners of towers. The difficulties faced for public consultation were that some owners live far away from project area. Other barriers are transmission line mostly travers in remote areas and quite far from residence and knowledge of local government on requirements for public consultations and project location determination is still weak. Therefore, project location determination, especially which was issued in 2014 was not done through proper consultations. Public consultation for 2016 location determination was conducted better.


Project location determination for substation and transmission line was issued in April 2014 for Sanggau – Sekadau (126 T) and March 2016 for Tayan – Sanggau (235 T)


No complaints raised by people for project location determination



As the land is considered less than 5 hectares, land acquisition implementation for TL towers and substations was conducted by PLN Land Acquisition Team (PLN LAT) of UIP with strong support from PLN UPP. To accelerate the identification, PLN LAT mobilized an associate surveyor team which has been experienced conducting the same work in the previous transmission line projects. The identification indicated that the project only affected to the loss of land and plants. No loss of buildings or business income identified as most of the TL and substations are in rural and remote areas. At the planning stages PLN LAT was worried that the project will traverse the forest areas and based on consultations with forest agency and forestry map, no forest areas to be traversed. PLN will avoid as much possible forestry areas as it takes quite long time to obtain forestry permits. PLN avoided residential areas.


Assessment Result

As most of the potentially affected persons are indigenous people, PLN LAT obtained the permits from the customary leaders prior to the identification. The identification for assets in the ROW and land use restriction has not been started. It will start once the tower foundations has been constructed.


The list of entitled parties and losses (land acquisition objects) for towers was disclosed to the entitled parties through showing the list to the entitled parties or made it available at the village office. Some entitled parties requested clarification related to the identification of the affected assets. PLN LAT supported by the village office staff revised identification results, clarified and made relevant corrections to the identification data in close coordination with APs and entitled parties.


Compensation rate for affected land and non-land assets subject to acquisition for substations and towers as well as assets in the ROW is based on the valuation of independent appraisers. The appraiser used valuation standards adopted by the Indonesia Appraiser Profession Association (MAPPI).


Consultation on deliberation was conducted by PLN land acquisition team in cooperation with village office. Deliberation was conducted at village or district offices. Written invitation was circulated 3 – 7 days prior to the date of consultation on deliberation. PLN LAT actively worked to contact entitled parties who could not attend the consultation of deliberation to negotiate with them on compensation rate. If any disagreement, PLN LAT conducted re-deliberation until agreement was reached.


No complaints brought to the court by the entitled parties.


Compensation payment for substation and tower footprints was provided in cash as per request by the entitled parties. Several towers have not been compensated as there is still disagreement on the compensation. PLN LAT will continue the deliberation. Compensation for lost trees/crops was provided based on valuation of appraiser.


Assessment Result

7 Attention to vulnerable groups and livelihood restoration program

PLN LAT considered cultures and organization structure of indigenous peoples in the land acquisition process. Customary leaders were involved in consultations and identification of entitled parties and land acquisition objects. Permits from customary communities need to be obtained for any activity for land acquisition and construction. Customary community ceremony needs to be done prior to the construction and contractor will close coordination with the leaders on it. As indicated above the vulnerable and severely affected groups will be provided with the culturally appropriate Livelihood Restoration Plan (LRP) which might be given in the form of distribution of perennial crops seeds to the AHs and capacity building for farming and opportunities of project related jobs to ensure that at least, their standard of living will not be worse off due to the loss of their assets and livelihood by the project.

8 Attention to gender Gender strategy is included in the RCCDP. However, many women participated in the consultations and meetings for compensation payment delivery.


Internal and external monitoring is required by the project as this project is financed by ADB. However, the internal monitoring experienced delays because the social safeguard specialist of the project implementation consultant is still new and takes time for the consultant to prepare monitoring report.



PLN LAT has handed over the acquired land for project construction. Handover of acquired land is done when compensation payment has been provided to the affected persons/entitled parties. However, land ownership update or certificate has not been done. As a normal practice PLN confirmed to do it in a collective mode of land certification once all land transaction for the tower base have been completed.

D Performance


1 Quality of LAP Preparation Quality of RCCDP is good and met ADB’s requirements. LAP for project location determination has enough information to meet the purpose. LAP has used selected information from RCCP as explained such as IOL, consultation plan and project schedule. Yet disclosure for LRP is only clearly described in RCCP while in the LAP is very limited. In terms identification and inventory of the entitled parties and land acquisition objects (IOL)


Assessment Result

for transmission line RoW it was carried out by PLA LAT. The results have been comprehensive and reflected the real losses.



External monitoring has not been conducted, so impact of land acquisition and IR to the living standard of the entitled parties has not been known.


Grievance raised by entitled parties is only few. Those grievance properly documented and responded by PLN LAT. Mostly related to compensation value on trees which were not listed in the government standard. Yet it was solved by using the reference of the trees from another sub-districts.


Land acquisition for towers and substations were carried out timely, however compensation payment for ROW might experience delays and it will take time to measure the land to be restricted in use.

Case Study 10

Project name: Location : Type of Project: Implementing Agency:

INO Power Grid Strengthening Project: Transmission Line of SUTET 275 kV, Bengkayang-Jagoibabang

Lumar, Ledo, Sanggau ledo, Seluas and Jagoibabang, Bengkayang District (West Kalimantan Province) Transmission Line and Substations PLN (UIP Western Kalimantan)


Assessment Result


1 Project Objectives (i) improve the reliability of power supply through trans-border electricity transmission of 275 kV TL Bengkayang-Malaysia, and Indonesia; (ii) increase the ratio electrification of West Kalimantan.

2 Project Component and Area This project consists of planning, procurement, installation, testing, and work commission. Transmission Line 150 kV from the new Bengkayang substation to the substation Ngabang 150/20 kV (93.3 km), and to the existing substation in Tayan (46.6 km). 150/20 kV substation at Ngabang and extension of the substation at Tayan.


The project has been consistent with regional spatial planning, Medium Development Plan, Strategic Planning, and Work Plan of PLN, Medium Development Plan, PLN’s Strategic Planning and Work Plan. To ensure that the project complies with regional spatial planning, UIP Western Kalimantan established coordination meetings with respective local government and relevant agencies.



The project was managed by PT PLN (Persero) UIP Western Kalimantan.


Assessment Result


The UIP team in Pontianak is also supported by social safeguard staff and manager of UPK 5 in Bengkayang. A this is a loan from ADB, a project implementation consultant (PIC) office in Bangkayang supports PLN in dealing with safeguards issues of the project. Capacity building/training was conducted from January to June 2016 which included capacity building and awareness to the four contractors on the project compensation policy, social issues identification, mitigation strategy, as well as a general orientation on local wisdom and customary institutions relevant to project implementation


The budget of land acquisition and IR safeguards is part of project budget. The budget is managed by UIP Western Kalimantan. No detail information available on the total IR Safeguard budget only a total budget of compensation made in 2011 for the remaining 87 towers, which was 3,310,768,925 IDR (or arround 400,000 USD) as reported in the external monitoring report.


C.1 Planning Stage


The feasibility study for the land acquisition include project location feasibility, initial environmental impact assessment, and identification of entitled parties, potentially affected assets and possible social risks. Initial consultations to plan the transmission line routes as well as to obtain consent from affected land owners were also done by the team who prepared project feasibility and Land Acqusition Plan / Resettlement and Customary Community Plan (LAP/RCCP) study to produce LAP and RCCP documents.


As for the transmission lines of 275 kV high-voltage wires Bengkayang - Jagoibabang entirely covers 201 towers consisting a total of 39 angle towers and 162 usual towers or straight towers. The land required for the tower footprint 201 of 163.650 m2 (62.400 m2 for 39 angle towers and101.250 m2for 162 straight tower).



Assessment Result


PLN has carried further action by forming an internal team of land acquisition under UPK 5 (as the Executor of Unit Construction team) in Bengkayang. This committee is responsible for land acquisition for footprint Towers and RoW line. UPK 5, formed a team composed by representatives of local government, BPN and Sub-District government to coordinate during land acquisition process.


The notification of development plan, reflecting project impacts and location was prepared by Land Acquisition Preparatory Team formed at the provincial government and involved District and sub District Government representatives.


PLN’s land acquisition team (UIP and UPP) under the Land Sub division of UIP proactively supported the land acquisition preparatory team in verification and identification carried out by the land acquisition preparatory team. UIP General Manager is the member of the land acquisition preparatory team. The GM is supported by the seconded staff. The main activities of the team is conducting socialization, measurement, consultations, and offering and negotiating land compensation amounts for footprint towers and crops and perennials within the ROW, to achieve agreement with APs/EPs identified within the framework of this project.


Socialization and consultation meetings was first conducted to inform local affected people of the Project plan, including project benefits, potential risks and efforts to minimize the negative impacts of the project. Project compensation policy and general overview of land acquisition procedures were shared to the attendees of the the first socialization. All located stakeholders were invited, especially Muspika, affected households, village government leaders and community representatives (community leaders). The second socialization, consultation and deliberation was held in their respective sub-district offices to make it easier to the affected people to attend. Affected people discussed the determination of compensation value to reach agreement between affected people and PLN. PLN also distributed the leaflet.

5 Determination and announcement of Project Location (Penetapan Lokasi?

Determination of project location has been issued by respective local government, as the following recommendation:


Assessment Result

(14 days) • Recommendation of Governor of West Kalimantan No. 671/1167 /DPE-C3 dated 29 April 2009 on Electricity Facility Development in West Kalimantan.

• Bengkayang Regent Decree No. 546 / BPMPPT /2013. About Location Determination For Substitution tower (GI) Land 275 Kv in Bengkayang, 275 Kv Bengkayang-Jagoibabang SUTET and SUTT 150 Kv of Singkawang-Bengkayang.

• Bengkayang Regent Decree No. 286 / SETDA/2013 on the determination of the basis price compensation for the affected crops in the Sub District Bengkayang, 2013.


No complaints raised by people for project location determination



Land, plant, building and all assets that are legally accepted by the law have been identified by PLN. Purchasing land / building, growing-plant compensation under the ROW lines has been done through reference to applicable laws and meeting. Detailed inventory and identification of entitled parties and land acquisition objects have been conducted.


PLN also conducted consultation and public disclosure meetings as described in the RCCDP, in particular:

• PLN has conducted socialization, deliberation and consultation related to SUTET 275 kV project.

• PLN has also distributed leaflets that included the SUTET project plan, complaint mechanism, and UPK PLN address in Bengkayang within all affected areas.

• PLN has conducted consultations with local villagers and village / subdistrict / community leaders and introduced methods used for identification affected assets, valuation and compensation of affected assets, and compensation payment of affected assets,


Assessment Result


The value of compensation for project affected trees / plants and crops that refers to the Decree of Bengkayang Regent and was discussed with all parties, especially the affected people. This deliberation aims to set the value in accordance with principle of replacement cost expected by all parties. Bengkayang Regent Decree which has become the reference of PLN has fulfilled the principle of replacment cost, this is reflected by the difference of compensation value of each type of plant and the difference of compensation value on the crop type (small, large, productive) which will be cut down by PLN. The reference to the value of crop compensation determined by the Bengkayang Regent. The released is updated yearly. If the tress /crops affected are not in the list, reference from closes district shall be used.


During the deliberations, PLN informed APs and project stakeholders about the Bengkayang Regent Decree of 2013 on determination of market value of growing-plant and calculation of compensation according to species, age (size) of growing-plant. The affected people requested greater value; however, as result of discussion and detailed explanation the community finally agreed to accept the offered compensation rates/amounts. The Compensation value for land to be acquired for Substation and Towers was determined following the replacement cost principle.


All complaints raised by entitled parties has been resolved at the level of land acquisition implementation team. Therefore, no complaints were lodged to the Court.


The realization of compensation payment has been done according to the planned schedule while the payment process was done through bank transfer; the affected people were assisted by PLN to open personal bank accounts and after the APs were issued personal account book, PLN transferred the payment so that affected people could immediately check and confirm the receipt of full compensation amount as agreed and recorded in the official papers. The compensation payment process undertaken by PLN was transparent, peaceful and on time. Compensation of assets under the transmission line ROW was provided for trees/crops, but it did not include compensation for the restriction of land use amounting to 15% of land price for tower. The top up compensation to address the payment gap for land use restriction experienced delays.


Assessment Result


Vulnerable (Vulnerable Groups), based on RCCDP, is a certain groups of people who might suffer disproportionately or face the risk of becoming more marginalized as a result of the project and specifically involves: a. households headed by women b. heads of families with disabilities c. households that are below the poverty of the general applicable indicator d. head of household is already aged.

Land ownership of affected residents is generally very large, so the impact of land loss is not significant. The income and livelihood restoration program for the vulnerable households have been implemented, despite being delayed. There are 11 villages and 16 citizens which are included in the category of Vulnerable affected groups.

8 Attention to gender The impact of the 275 kV SUTET development project will affect women and men. However, women can be the most vulnerable subject affected by this project, since women are productive land producers from planting to harvesting time. PLN from the beginning has noticed this. Consultations and deliberations were conducted for women to find out how their opinion relates to the construction of SUTET 275 kV. The RCCDP has been fully implemented by PLN. Women - holding ownership rights to affected land – remained listed as landowners in the updated document, to preserve their ownership rights to land in case if Substation or Tower development project would need to acquire their land parcels. In terms of consultation, PLN directly invites women who are included in the affected residents, rather than invite their husbands. 100% of women affected by the SUTET 275 kV project received invitations for consultation and deliberation on the likely impacts of the project.


Assessment Result


The results of Social Monitoring and Assessment of APs at the post-compensation phase confirmed that socio-economic condition of APs, who released dome land for substation and footprint towers, has been improving. In general population within project influence area and APs own at last least 2 hectares of land.

Therefore the proportion of productive land released for project purposes (substation and foot print towers) is rather small in comparison with to the total area of land parcel the APs own.



Executed as planned prior to the construction commencement.

D Performance


1 Quality of LAP Preparation The quality of LARP and LAP are good.



The result of compensation obtained by the affected people actually adds the financial ability of the affected people to buy new seedlings as well as working capital to cultivate the land outside the project affected area. For instance, Mr. Nandang Bathin in the Gua village - Ledo Subdistrict, and Mr. Antoni in Jagoi village – Jagoibabang subdistrict, used compensation amount to funded land development. Approximately 40% of the people who declared their income decreased. It was found out that the reduced income was caused due to the lack of access to their new field crops, which they planted outside the RoW path with working capital derived from setting aside a small amount of compensation money received. The results of the monitoring and assessment also show that this decrease in income has no significant impact on the people, as the indicator confirms that these AP can still meet their living needs.


Assessment Result


As stated in RCCDP 2013 which has been updated in 2015, PLN will establish a Grievance redress mechanism in accordance with Presidential Decree No. 65/2006, Art. 17 and 18, Regulation No. 1/1994, Art. 18 and 22, and the Decree of the Minister of Agrarian Affairs / National Land Affairs Agency no. 3/2007. Where PLN has the responsibility to regulate the Grievance Redress of the project starting from the preparation stage, through the the implementation and post implementation phases.


Land acquisition and Indemnification for the needs of the Substation and Towers for TL of SUTET 275 kV has been fully accomplished in 2015.

Case Study 11

Project name: Location : Type of Project: Implementing Agency:

West Kalimantan Power Grid Strengthening Project West Kalimantan 150 Kv The project is located on the Indonesian part of Borneo Island in West Kalimantan in the three districts Bengkayang, Landak and Sanggau Transmission and sub-stations PLN


Assessment Result


1 Project Objectives

2 Project Component and Area 150 kV Transmission Line from Bengkayang substation to the new 150/20 kV Ngabang substation (93.3 km), and from there to the existing Tayan substation (46.6 km)


The project has been consistent with regional spatial planning, Medium Development Plan, Strategic Planning, and Work Plan of PLN. To ensure that the project is in line with regional spatial planning, PLN UIP has several times of coordination meetings with the LGs where the projects are located.



The implementation of the project is managed by PT. PLN (Persero) Unit Induk Pembangunan X (UIP X) located in the offices of PLN in Balikpapan with Unit Pelaksana Konstruksi Jaringan Kalimantan 5 (UPK KAL 5) - PLN’s site office in Bengkayang.

2 Human Resources: Number and qualification handling social safeguards in units and projects, capacity

The UIP team in Balik Papan is also supported by social safeguard staff and manager of UPK in Bengkayang


Assessment Result

building conducted for the land acquisition in the project

The PIC’s Social Specialist worked together with PLN UPK 5 and the contractors to strengthen the project implementation process and solve social issues caused by the construction works. Together with PLN internal land acquisition team of UPK 5 in Bengkayang, PIC provided: (i) assistance particularly to guide the project implementation concerning the entitlement matrix and eligibility in the compensation and resettlement policy principles as stated in the RCCDP and RCCP: (ii) field assistance to cope with social issues emerged including the issues faced by the contractors. Capacity building/training was conducted from January to June 2016 which included capacity building and awareness to the four contractors on the project compensation policy, social issues identification, mitigation strategy, as well as a general orientation on local wisdom and customary institutions relevant to project implementation


PLN own resources. The budget of land acquisition and IR safeguards is part of project budget. The budget is managed by UIP Kalimantan. Budget is available and no budget constraint.


C.1 Planning Stage


The FS carried out as per ADB standard, it was comprehensive and good quality document was prepared in comparison to PLN funded project only. FS was using regulation prior to land law2/2012 as preparation was before new land law was effective. It had been submitted to authority as per regulation (prior to land law2/2012), and location determination was approved. As the implementation of the project is continue after 2012, therefore the remaining tasks have been conducted as per law 2/2012.


Total number of towers of the 150 kV Bengkayang-Ngabang-Tayang transmission line was 393 at that time. The Tayan substation is an extension of the existing one and did not need new land to be purchased as it already belonged to PLN.



Assessment Result


For sub-stations, Panitia Sembilan was establsihed as the beginning of project preparation as it was prior to using law2/2012, and later the preparatory team established by the Governor of West Kalimantan


The notification of development plan, its impacts, and location was done by land acquisition preparatory team at provincial government that involve District Government and sub District Government.


In March 2014 PLN updated the Resettlement and Customary Communities Plan (RCCP) for the 150 kV Bengkayang – Ngabang - Tayang Transmission Line which covers the 150 kV Bengkayang – Ngabang – Tayan Transmission Line and 150/20 kV Ngabang Substation. Total number of towers of the 150 kV Bengkayang-Ngabang-Tayang transmission line was 393 at that time. During the civil work activities for the 150 kV Transmission Line route from Bengkayang to Tayan via Ngabang, rerouting and inserting towers had been proposed by the contractor KEC. PIC’s team had reassessed the rerouting which resulted in the increase in the number of towers from 393 to 408. As soon as the new locations were approved, an ad-hoc land acquisition assessment was performed for the additional towers to comply with ADB IR policy requirements


Social Specialist assisted PLN to conduct a series of ad-hoc consultations in the field. (i) The first consultation meeting was about the project information disclosure with generally impacted communities, affected households, formal and informal leaders to inform about the benefits and disadvantages of the project: (ii) The second consultation was more advanced and addressed the needs of affected persons / landowners, witnessed by officials of the government, police and military officials. The socialization described the inventory of losses and how it was administered, details of compensation policy for land, plants/crops and other assets affected. The community was also informed about the PLN UPK 5 internal land acquisition team and the procedure for grievance related to IOL and the compensation to be paid


Only for sub-stations


Assessment Result


A dispute arose at tower 34 of the 150 kV Bengkayang – Ngabang transmission line section between members of a family regarding the price for the land. Intensive approach conducted by head of village and head of Teriak subdistrict to resolve the dispute problem led to an agreement among the family members. Another issue arose at tower 46 because the landowner asked a high price for the land. PLN UPK 5 negotiated with landowner and facilitated by MUSPIKA PLN paid the agreed compensation for land of tower 34 and 46 in the middle of March 2016. Head of the Teriak Subdistirict asked the landowners of tower 34 and 46 to support the construction work and avoid obstruction One of the interviewed persons has more than 5 hectar of land planted with rubber and oil palm trees. She was involved in all phases of land acquisition such as socialization, negotiation, inventory and payment. Even though she is not satisfied with the amount she received for compensation, she accepted the price because the other landowners did not complain and agreed with the offered price. The compensation was paid by cash All these APs support the project and no complaint arose in Tebedak Village. However, the community expects to get connected to PLN’s supply system as the transmission line will pass their village. The impact of land acquisition did not significantly affect their income.



Detailed inventory and identification of entitled parties and land acquisition objects have been conducted.


The inventory of trees/plants within the ROW corridor of the 150 kV Bengkayang – Ngabang – Tayan route affecting five villages, i.e. Bange, Sango, Guwa, Sahan and Mayak commenced in February 2016. The inventory was carried out by ten officers from PLN Balikpapan in February – March 2016. Since April 2016, the inventory is conducted by Reka Daya Konsultan (Rekonsul), a consultant hired by PLN to help LAC with the inventory process. Inventory of trees/plants and land ownwership within ROW was completed from tower 27 to 95 and tower 169 to 194 of the Bengkayang – Ngabang section. By the end of June 2016, inventory of ROW corridor still continued. The appraisal for the sections from tower 27 to 38 and 172 to 190 was completed and PLN expects that the ROW can be


Assessment Result

cleared for these two sections of the 150 kV Bengkayang – Ngabang transmission line at the end of July 2016. The ROW corridor should be released as soon as possible as the contractor is ready to start with the stringing. By the end of June 2016, the contractor had already completed the erection of towers for 98% of the land released. In section 1. Compensation payments for the use of the ROW has not commenced yet and thus none of the sections is available for stringing. According to the implementation schedule of RCCP, compensation payment for ROW was scheduled to be completed in March 2015. All information was disclosed.


PIC Social Specialist provided a systematic analysis on the most commonly affected type of farmland planted with rubber and palm oil trees to demonstrate that the compensation payments made by PLN for the assets affected by the West Kalimantan Power Grid Project are above the market value and meet replacement value principle. It is demonstrated that the payments made by PLN were far above the market price for the affected assets and also included cost recovery. Process of compensation for plants within corridor of ROW, i.e.: 1. Inventory of affected trees / crops 2. Administration process of inventory result and signed by owners 3. Deliberation related to all ROW problems presented to all stakeholders 4. Socialization of payment system 5. Payment of the compensation amount by Bank Transfer 6. Clearing the released ROW


Deliberation of compensation for this area has been done. All representative of entitled parties was invited.


No complaint brought to the court. Complaint raised by entitled parties has been settled at the level of land acquisition implementation team. During tower erection works the contractor for the 150 kV Bangkayang – Ngabang transmission line section the contractor continued to encounter social problems resulting in obstruction of work. The people demanded from the contractor to pay compensation for access road to tower 9 and 10. The community also claimed that the work area at tower 7


Assessment Result

is outside of the area acquired by PLN. After intensive coordination and negotiation with landowner and head of village the contractor agreed to pay compensation for land and access road.


Compensation payment is planned to be delivered starting in December 2017. Compensation was provided to the lost land and non-land assets for substations and towers. Compensation was also provided for the affected assets and land use restriction in the ROW. Compensation for lost land and non-land assets will follow the principle of replacement cost. The compensation progress is performed as described in the agreement.


The list of vulnerable people identified within the ROW corridor of the 150 kV Ngabang – Tayan transmission line. According to the data stated in above mentioned list, there are 50 affected households identified as vulnerable people. PIC’s Social Specialist visited some vulnerable people at Tebedak Village to update data of current condition by coordination with Head of Village. She interviewed three vulnerable people whose land was affected by tower construction.

8 Attention to gender Attention to gender is paid attention during consultations, payment, and inventory of losses. In Bali. Consultations considered days in which the women should be at home to prepare for customary ceremonies and could not participate in meetings.


The 150 kV Bengkayang – Ngabang – Tayan Transmission Line comprise of 280 towers for the Bengkayang – Ngabang section and 128 tower sites for the Ngabang – Tayan section as updated by administrative consolidation, i.e. 408 towers in total. Progress of land acquisition for the 150 kV Bengkayang – Ngabang – Tayan transmission line has reached 92% (376 tower locations) completed and 8% (32 tower locations) still have to be acquired. During period January – June 2016, PLN has released 27 parcels of land. No impact monitoring is conducted.



Assessment Result


Status of Land Acquisition of Tower Locations of 150 kV Bengkayang – Ngabang – Tayan Transmission Line 150 kV BENGKAYANG – NGABANG - TAYAN TRANSMISSION LINE Total on Forestry land 87 Total on Private land 321 Total number of Towers 408 Total of released Tower Locations 376 Total of not yet released Locations 32 – they are all in the private land for different towers .

D Performance


1 Quality of LAP Preparation The quality of LARP was good and comprehensive



N/A No compensation payment provided to the APs. However, compensation will be provided based on valuation of independent appraisers and the standard of valuation method issued by association of appraiser has been at replacement cost.


The contractor also was responsible to repair/make good any damage caused by construction works such as a damaged bridge on the access road to Napal Village. The contractor provided culverts and other required materials and the local community repaired the bridge. Another issue at Napal Village (tower 146 to 149) concerned the connection of the village to PLN’s distribution system. In order to push PLN to electrify the village the community initially did not allow the contractor to continue with the erection of the towers until PLN has fulfilled the promise of electrification. After poles and cables had been constructed the community allowed the contractor to erect the four towers.


There has been delays of land acquisition process

Case Study 12

Project name:

Location :

Type of Project:


PLTU Lontar 3x315 MW

Desa Lontar, Kecamatan Kemiri, Kabupaten Tangerang-Provinsi Banten

Fund from both Bank of China and PLN own budget

Consortium Dongfang Electric Corporation & PT Dalle Energy

USD. 588.789.989,- (incl. VAT) + Rp. 2.079.145.339.700,- (incl. VAT)

Started in 2006: 7 trillion (2006 – 2012). Operation in 2014


Assessment Result


1 Project Objectives To supply electricity to Java island, particularly for Jakarta and surrounding area.

2 Project Component and Area To build Steel column, boiler steam drum, boiler, turbine, generator, coal yard, common facilities, conveyers, transfer tower, jetty/darmaga, coal shelter


Yes, it is consistent. Kabupaten Perda



Assessment Result


During preparation of project construction PLN has co-operation with several consulting firms (Dalli energy, JMK, rekadaya, and Essensie Lavalin). PLN UIP was responsible for social and technical works. PLN SHE division was dealing with land acquisition process as PPT division has been only established in 2013.


UIP was responsible for field preparation and land acquisition. It had 2 staff (engineer with social background), 3 staff with legal background, 4 community facilitators 4 and one operational staff, 3 communication officer, and local leader HQ (PPT) supports critical activities for LA Training for field staff on land acquisition steps and conflict resolution


Bank of China and Bank Bukopin PLN own resources US 560. 541.300 Sufficient budget was allocated for training field staff, socialization and consultation with all stakeholders including for informal and formal consultation with Affected People CSR budget was also used for training local communities/fisherman and building mosque and center for student’s activities (library). This included place for students to learn religious affairs, discussion on religious and current affairs. During the visit, we observed on-going training for mangrove rehabilitation for local communities in cooperation with fishery department


Assessment Result


C.1 Planning Stage


It has been conducted in collaboration with Department of Forestry (BPLH Banten), Provincial Land Agency for forestry land acquired by PLN. The Feasibility study for the project was comprehensive. The FS for land acquisition followed government regulation and based on government standard. All important information was included: location, impact on land/fish pond and people livelihood, consultation and socialization, location permit. Land acquisition acquired was 60 Ha consisted of fish ponds, rice fields and empty land. There were only 5 family owners of those assets. None of people house were affected. 20 Has of protected forest was acquired through MOU with Forestry department with the condition that PLN must organize planting trees for 40 Has area nearby by x number of years. This was a practiced by forestry if any agency using protected area that can be freed for project, the project proponent must find the area nearby twice than what they are using. It was not comprehensive enough as per ADB standard for resettlement Plan. It did not include gender analysis and identification of vulnerable people. The land acquired is fish pond, rice field and it is own by 5-6 families. Main occupation of people in project area is fisherman, people who own fish ponds and farmers.


As the project established prior to the use of land law 2/2012, the Team Sembilan together with PLN staff prepared LA documents. It had been submitted to authority as per regulation (prior to land law2/2012), and location determination was approved.



Assessment Result

1 Establishment of Preparatory Team

Team Sembilan is established as per the regulation.

2 Notification of development plan

It was conducted as per regulation. Formal and informal discussion with affected people and community was conducted. A simple brochure (project objective, location, impacts, duration) was also prepared and shared with community leaders.

3 Verification and preliminary identification on location of development plan, entitled parties, land acquisition object

It is verified through stages. Entitled parties/affected people were informed. Affected land and identification of location of PLTU was verified with Affected People, community leaders together with local government and Panitia Sembilan.

4 Public Consultations with entitled parties and affected communities)

Public consultation was conducted several times. Formal and informal consultation with AP people, community leaders, informal groups were arranged and socialization was organized several times.


It was announced in the public meeting and various socialization with local communities.

6 Grievance handling for location determination

Grievance handling mechanism was established. It was organized for all phase of project preparation and for land acquisition Informal complaint handling procedures was also established which include community leaders, field staff focal person. Issues submitted to the complaint team was related to potential impact of dash and its affect to fish pond, road condition during infrastructure was being built, potential job creation, etc.



Assessment Result

1 Detailed inventory and Identification of entitled parties and land acquisition objects

Detailed inventory of loss (land acquisition object) and list of EP was prepared. Number of EP for land acquired was less than 10 as there were only 5 parcels of land. It was consisting of fish pond.

2 Disclosure of the Inventory and Identification Result

It was disclosed to EP by Panitia Sembilan, and by PLN field staff.

3 Appraisal of the Compensation by independent appraiser

It was conducted as per the role of Panitia Sembilan and based on the regulation and laws prior to law 2/2012. Independent appraiser was not involved. Compensation based on market price.

4 Deliberation/consultations and Agreement on the Compensation

Continues consultation with APs and communities at large was organized with community leaders and Effected people. Agreement was reached on the compensation.


GRM is established throughout the process. GRM is per law/regulation prior to law 2/2012. There was no case of law suits for this project.


N/A. No case of law suits for this project related to compensation.


Vulnerable groups were not specifically identified during the preparation of the project. However, PLN staff identified potential activities and support for communities affected by the project, or communities surrounding the project. Employment opportunities was created for both unskilled labor and for some skill labor. Training for unskilled labor to become skill labor was made available.

8 Attention to gender During preparation of the project, no special consideration for gender equality. However, during and after PLTU was completed, the women from villages around the project have employment opportunity in the library, canteen, administration and cleaning service. During the visit, we saw number of female staff working on the engineering issues as well as administrative staff.


Assessment Result


Land acquisition plan was monitor only to ensure that compensation and other payment have been completed and no complaints that have not been addressed. However, impact of LA was not monitor, despite when we talked to 7 affected people they told us that they were better off, and their livelihoods have been improved because of the project.



It was done according as per the regulation

D Performance


1 Quality of LAP Preparation Good for Indonesian standard, despite not all was written in one document. For ADB standard, there were some missing element – attention to gender, vulnerability, livelihood restoration and monitoring and impact of LA.



The fact that various skill training is conducted and employment opportunities was provided, it was expected that the living standard of AP people and communities are better. From interview with 7 APs, they confirmed that they are better off and their communities are much better prior to the project. It should be noted that in the surrounding area, there are many industries presents and communities have some employment opportunities.


Most of the grievance raised related to dash from the project that affected fish ponds. This has been addressed through training and building a coal shelter.


No, the project implementation was delayed not because of land acquisition completion but because of social issue among the youth

Case Study 13

Project name:

Location :

Type of Project:


PLTU Lontar Extension 315 MW

Desa Lontar, Kecamatan Kemiri, Kabupaten Tangerang-Provinsi Banten

Power Plant

PLN with funding from Fund from both Bank of China and PLN own budget

Started in 2006: 7 trillion (2006 – 2012). Operation in 2014


Assessment Result


1 Project Objectives To supply electricity to Java island, particularly for Jakarta and surrounding area.

2 Project Component and Area Extension to increase turbine, generator, boiler (outside coal yard), jetty.


Yes, it is consistent. Land has been available from the main project of PLTU



During preparation of project construction PLN has co-operation with several consulting firm. PLN UIP was responsible for social and technical works.


Assessment Result


UIP was responsible for field preparation and land acquisition. As it is for extension and most of the land has been acquired, 3 staff (engineer with social background), 2 staff with legal background, one community facilitator and one operational staff handling additional land acquisition. HQ (PPT) supports critical activities for LA Training for field staff on land acquisition steps and conflict resolution has been conducted for staff for the main project implementation.


PLN own resources for additional land acquisition. Sufficient budget was allocated for training field staff, socialization and consultation with all stakeholders including for informal and formal consultation with Affected People. CSR budget was also used for training local communities/fisherman and continuing activities that have been started during the earlier main project. During the visit, we observed on-going training for mangrove rehabilitation for local communities in cooperation with fishery department.


C.1 Planning Stage


It has been conducted in collaboration with Department of Forestry (BPLH Banten), Provincial Land Agency for forestry land acquired by PLN. The Feasibility study for the project was comprehensive, but not as comprehensive as per ADB standard as there no attention to gender and vulnerable group. The FS for land acquisition followed government regulation and based on government standard. 3 Ha land is needed from Forestry for intake pipe. Permission for using the land (izin pinjam pakai) is granted by Forestry department with arrangement for forestation of 6 Has area. PLN msut plant the tree for 6 Has in the area nearby. Another 11 Has land needed has already owned by PLN since 2009. This was a practiced by forestry if any agency using protected


Assessment Result

area that can be freed for project, the project proponent must find the area nearby twice than what they are using.


As per law 2/2012 it has been submitted to authority as per regulation and location determination was approved.


1 Establishment of Preparatory Team

Preparatory team is established as per the regulation.

2 Notification of development plan


3 Verification and preliminary identification on location of development plan, entitled parties, land acquisition object

It is verified through stages. Entitled parties/affected people were informed. Affected land and identification of location of PLTU was verified with Affected People, community leaders together with local government.

4 Public Consultations with entitled parties and affected communities)

Public consultation was conducted. Formal and informal consultation with AP people, community leaders, informal groups were arranged and socialization was organized.




Assessment Result

6 Grievance handling for location determination

Grievance handling mechanism was established. It was organized for all phase of project preparation and for land acquisition. Informal complaint handling procedures was also established which include community leaders, field staff focal person.


1 Detailed inventory and Identification of entitled parties and land acquisition objects

Detailed inventory of loss (land acquisition object) and list of EP was prepared.

2 Disclosure of the Inventory and Identification Result

It was disclosed to EP by PLN field staff and panitia for land acquisition.

3 Appraisal of the Compensation by independent appraiser

It was conducted as per the role of Panitia Sembilan and based on the regulation and laws prior to law 2/2012. Independent appraiser was not involved. Compensation based on market price.

4 Deliberation/consultations and Agreement on the Compensation

Continues consultation with APs and communities at large was organized with community leaders and Effected people. Agreement was reached on the compensation.


GRM is established throughout the process. GRM is per law and regulation. It is established at field level (operational level) There was no case of law suits for this project.


N/A. No case of law suits for this project related to compensation.


It is the same as earlier steps. Vulnerable groups were not specifically identified during the preparation of the project. However, PLN staff identified potential activities and support for communities affected by the project, or communities surrounding the project. Employment opportunities was created for both unskilled labor and for some skill labor. Training for unskilled labor to become skill labor was made available.


Assessment Result

8 Attention to gender During preparation of the project, no special consideration for gender equality. However, during and after PLTU was completed, the women from villages around the project have employment opportunity in the library, canteen, administration and cleaning service. During the visit, we saw number of female staff working on the engineering issues as well as administrative staff.


Land acquisition plan was monitor only to ensure that compensation and other payment have been completed and no complaints that have not been addressed. However, impact of LA was not monitor, despite when we talked to 7 affected people they told us that they were better off, and their livelihoods have been improved because of the project.



It was done according as per the regulation.

D Performance


1 Quality of LAP Preparation Good for Indonesian standard, despite not all was written in one document. For ADB standard, there were some missing element – attention to gender, vulnerability, livelihood restoration and monitoring and impact of LA.



The fact that various skill training is conducted and employment opportunities was provided, it was expected that the living standard of AP people and communities are better. From interview with 7 APs, they confirmed that they are betteroff and their communities are much better prior to the project. It should be noted that in the surrounding area, there are many industries presents and communities have some employment opportunities.


Most of the grievance raised related to dash from the project that affected fish ponds. This has been addressed through training and building a coal shelter.


Assessment Result


No, the project implementation was delayed not because of land acquisition completion but because of social issue among the youth.

Case Study 14

Project name:

Location :

Type of Project:


INO: Takalar Coal Fired Steam Power Plant (CFSPP) project (2 X 100 MW)

Desa Punagaya, Kecamatan Bangkala, Kabupaten Jenoponte

Power Plant

PLN (UIP Makassar, Sulawesi)


Assessment Result


1 Project Objectives (i) Provision of sustainable, uninterrupted electricity supply to local communities to support further development of local economies, social and cultural facilities that will enhance improvement and quality of life in South Sulawesi, and

(ii) Long-term objective to suffice increased demand on electricity of newly emerging and currently existing local businesses.

2 Project Component and Area The focus of this assessment is on the second phase of land acquisition (10,45 hectares belonged to 56 affected peoples). Project Component includes integral parts of coal fired steam power plant such as: (i) coal yard; (ii) boiler house; (iii) main power house; (iv) jetty; (v) water pump house; (vi) waste water treatment plan; and (vii) administration building. The power plant is expected to generate 1,350 Giga-watt per hour (GWh) per year which will provide electricity supply for South Sulawesi region. The total project area occupying around 66 ha of land is located in Punagaya village of Jeneponto district. Land Acquisition of the project area conducted in two phases. First phase 52,68 ha of land area belonged to 107 affected peoples (APs) acquired in 2007. Second phase in May 2013, PT PLN (Makassar UIP) prepared land Acquisition Plan Document (available at PT PLN (Makassar UIP office) to undertake the acquisition of an additional 10,45 hectares of land area belonged to 22 affected peoples (APs) to finalize the construction of (Jetty, Intake Canal, Coal Yard, Discharge Canal), all necessary facilities for plant operations.

8 Source: Decision No: 290 of 2012 on determination of the Location on Development of PLTU Punagaya Power Plan of South Sulawesi issued by Head of District of Jeneponto issued on Dec 31, 2012.


PLN UIP Makassar conducted the required activities and procedures to ensure consistency of the project with regional spatial planning in South Sulawesi Province and Jeneponto District8, Medium Development Plan 2010-2030, Strategic Planning, and Work Plan of PLN. Decisions on Spatial Planning and Construction Permit were obtained in 2013.



The project was managed by PT PLN (Persero) UIP Makassar, South Sulawesi.


The UIP team in Makassar in charge of land acquisition is supported by one (1) Manager (Legal, Communication and Land Affairs), one (1) Assistant Manager for Land Acquisition, and ten (10) staff in charge for social safeguards for the power plant in South Sulawesi region. Three out of ten safeguards staff supported this project on behalf of the UIP Makassar. All staff have experience in land acquisition process and equipped by relevant trainings. The staff’s background is mostly in law, and social sciences with three to eight years of experiences. UIP team prepared LAP and conducted to a procurement process to recruit consultants for preparing a feasibility study and engaged a local university to conduct socio-economic well as inventory of loss survey. The local university has been listed in the PLN pool of expertise for socio-economic survey.

During implementation of the LA, the UIP team was also supported by the Project Management Unit team located within the power plant site.

Based on information from UIP Makassar, capacity building/training for the staff was regularly conducted (every six-months), which includes capacity building and raising awareness with the four contractors on project compensation policy, social issues

identification, mitigation strategy, as well as a general orientation on local prudence and customary institutions relevant to the project implementation program. Two construction contractors (one Indonesian and one Chinese companies), local one construction supervision contractor and one quality assurance contractor (subsidiary company of PLN).


The entire cash compensation amount for acquired land and affected assets is solely allocated from the project budget managed by PLN UIP Makassar Office, South Sulawesi. After the Court’s Decision on higher compensation rates, the compensation budget was increased approximately by 18%. The increase amount is covered by PLN UIP Makassar budget.


C.1 Planning Stage


Feasibility study of the prosed project was done and used as the basis to prepare AMDAL of the project. The Project AMDAL indicated land acquisition process required to obtain land area for construction of coal power plant, jetty, coal storage / yard, and port terminal as well as necessary facilities for plant operations. Total number of affected peoples was estimated more than 200 peoples. The project design confirmed, and the information used to prepare land acquisition planning document. PLN prepared land acquisition and submitted to Head of Jeneponto District to obtain a location permit for the proposed project in 2006. Prior to the project location permit, Governor of South Sulawesi through its decision no. 2506/VII/Year 2011 approved environmental feasibility after reviewing the AMDAL submitted. District Head of Jeneponto through its decision no. 25a Year 2006 issued a location permit for the project to allow the first stage of land acquisition (52,68 hectare) implementation process conducted. The project location permit was extended. The extension of the project location permit issued by Head of Jeneponto District through its decision No.290 Year 20012 and allowed the second stage of land acquisition (10,45 hectare) be implemented within one-year extension time.

9 Available at PT PLN Makassar office. 10 On site survey to determine potential PAPs and volume and types of impacts means the task force team accompanied by representatives of local governor the resident, often assigned by the local community leader walks through the entire ROW and collects verbal information on land tenure status. This initial information collected as a result of physical inquiries undertaken on site is later submitted to the local Land Agency office for confirmation of land tenure status and obtainment of official confirmation on the registered landownership status and names of the registered owners. This important activity – in other countries called as Title Search on project affected land parcels revealed that one land parcel located with ROW was the subject of dispute and case was files in the court.

The focus of this assessment is on the second phase of land acquisition (10,45 hectares belonged to 56 affected peoples). The total project area occupying around 66 ha of land permanently acquired from the residents of Punagaya Village of Jeneponto district. In 2007, at the early phase of project planning, the 56 ha of private land was acquired from 107 APs and registered under the ownership of PLN. The land acquisition document for the easly phase was not available. Later, an additional 10 ha was required for project purposes. In May 2013, PT PLN (Makassar UIP) prepared land Acquisition Plan Document (available at PT PLN (Makassar UIP office) to undertake acquisition of the additional 10 ha of land to finalize the construction of (Jetty, Intake Canal, Coal Yard, and Discharge Canal), all necessary facilities for plant operations (# of hh affected). The Land Acquisition Plan Document9 for the second phase of the land acquisition dated May 2013 describes the steps, actions and research undertaken by PLN UIP Makassar in the process of project planning, preparation and procedures for the acquisition of 10 hectares of land required in addition to finalize Power Plant construction and allow operations. PLN assigned a team to identify owners/tenants of land parcels located within the boundaries of ROW of the initially selected 10 hectares, to determine the initial number of APs, volume and types of project impact related to land acquisition. The PLN Team, together with the representative of the local governor’s office, and local villages, conducted on site survey10 to determine the identities of landowners and detect cases where privately owned land was used by a tenant (often without any written agreement).

11 This important activity – in other countries called as Title Search on project affected land parcels revealed that one land parcel located with ROW was the subject of dispute and case was files in the court. 12 Head of Bupati Jeneponto District No. 590/165/U/2013 dated 13 May 2013

During LAP preparation, PLN UIP, in order to determine ownership status of the additional 10 ha of land, made use of cadaster maps and registration data from 2006. This initial information of the potential APs was processed and submitted to the local Land Agency office for confirmation of land tenure status and obtainment of official confirmation on the registered land ownership status, and identities of the registered owners11. Based on this official data, UIP identified land tenure status (registered at the Land Agency and land parcels without registered title, i.e. Certificate) of land parcels located within the ROW. The LAP document provides the specific details of APs, such as full names, permanent residence, occupation, inventory of affected assets, and amounts of cash compensation per each project affected land parcel.


During second phase of the land acquisition process, the location determination decision has been issued previously.

PLN produced final LAP prior the issuance of Bupati (Head of District) Decree on extension of the location permit and expansion for the additional selected 10 Ha. PLN received the Decision12 of the location permit for the additional selected 10 ha of land adjacent to the power plant territory necessary for construction facilities.



The preparatiory team was established by District Government comprising of representative from PLN, the Land Agency, and representative from relevant agencies. As the location determination has been issued previously, the preparatory team focused on conducting necessary preparation for land acquisition implementation process which mostly lead by the Land Agency and PLN UIP Makassar.

13 The assigned team was mostly accompanied by the representative of local government and representative of land agency to ensure the accuracy of data collected in field. 14 The gender-disaggregated list of attendees is recorded and enclosed in the section of appendixes of the LAP document saved at the PLN local office in Makassar. In fact, the document recording the names if the Public Consultation (Socialization) meetings attendees is missing the date and location.

UIP PLN Makassar office assigned a team to lead with procedures required for acquisition of the 10 ha land located within the determined ROW and to be responsible for conducting necessary public consultations, preparation of information leaflets/PIBs and distribution within the project affected community. The assigned team was composed of two (2) male and one (1) female member. The same team was engaged for the detailed census, SES, and initial inventory of project affected assets13.


The notification of development plan, its impacts, and location was undertaken by land acquisition preparatory team established at the level of local land agency.


After the spatial planning was officially confirmed and decision issued on location determination, the PLN UIP, in coordination with local Land Agency, conducted verification of APs, re-confirmed land tenure and title registration status (valid certificates per each project affected land parcel), and updated/verified the results of inventory of project affected assets, and the compensation for proposed project purposes land subject to acquisition. Based on the LA document, there is preliminary budget allocated for land acquisition estimated using initial inventory by PLN during the planning stage.


PLN UIP conducted socialization and public consultation meetings 14 . A copy of the Notification on pending Public Consultation (socialization) meetings is also enclosed in the LAP. Additionally, the PLN representatives, during the site visit confirmed that, as well as the written notifications, they actively adopted person-to-person dissemination of information through the Community Leader, to ensure that APs and interested parties had received information sufficiently early on the pending meeting to ensure their engagement and high-level of attendance. The objective of the first consultation meeting was to inform local people concerning the project plan, project objectives, expected impacts and benefits of the project, general overview of compensation entitlements, and eligibility requirements, and general land acquisition procedures.

15 Possible environmental risks are addressed in the section 2, sub-chapter: Environment Impact Mitigation Measures.

Additionally, PLN referred to identified potential social and environmental risks 15 and proposed efforts to minimize identified possible negative impacts of the project.


Determination of project location has been issued by respective local government in the form of the following recommendation: • Recommendation of Governor of South Sulawesi No. 678/2346/DIS ENERGI dated 16

April 2011 on Development of Coal Fired Power Planty (PLTU) Punagaya – Jeneponto (2 x 100 MW)

• Jeneponto Head of District Decree No. 290 of 2012. About Extension of Location Determination Permit for Development of Coal Fired Power Planty (PLTU) Punagaya – Jeneponto (2 x 100 MW)

• Jeneponto Head of District Decree No. 590/165/U/2013 about the Expansion of the Location for Development of Coal Fired Power Plant (PLTU) Punagaya – Jeneponto (2 x 100 MW) from 5 Ha to 10 Ha.

6 Grievance handling for

location determination (by governor/regent and state administrative lawsuit)—88 days

Based on the available information, there were no grievances submitted regarding the project location determination. However, the APs were reluctant to agree to the unit rates determined in the independent appraiser’s report. This grievance will be discussed further in the implementation stage.



Detailed inventory and identification of entitled parties and land acquisition objects was conducted during the period when the Court was considering the APs’ claim on raising the compensation unit rates.


The Notification on the Disclosure of the Inventory and Identification Results for confirmation from the entitled parties is enclosed in the LAP document. Most APs (male – 34, female – 6) attended the meeting organized by PLN UIP, representatives of local government, agencies involved in project implementation, and community leaders.

16 The Appraisal Report is available at the PLN Makassar office. 17 Standar Penilaian Indonesia ( SPI) 18 These court cases were required to resolve legal issues and establishment of heirs of deceased landowner.


The independent appraisal report was issued on July 14, 201516. The report was prepared in adherence of Valuation Standards of Indonesia17 and relevant laws and regulations. The unit rates were determined per each project affected land parcel listed in the nominative list provided by PLN.


APs were reluctant to agree to the unit rates determined in the independent appraiser’s report. All APs filed their case to the court claiming increases to the offered low compensation unit rates


The range of negotiations between PLN and AP were not successful because PLN has previously negotiated the APs with higher compensation rates than the result of the independent appraisal. The APs filed their case to the court claiming increases to the offered low compensation unit rates. The Court conducted assessment and determine compensation amount of each project affected land parcel and assets attached thereto. The Court’s decision dated on 30 March 2015 determined relatively higher compensation unit rates. The APs agreed to the new rates. A copy of the Claim filed by APs to the Court is attached to the LAP document in the Appendix section. Following the Court Decision to increase compensation unit rates, no further grievances were filed. Three (3) separate cases filed with the Court were not related to the compensation amounts and/or disagreement with releasing the project affected land and assets in lieu of cash compensation18.


No further complaints were brought to the court during or following the land acquisition and issuance of cash compensation.

In total 56 APs (all male) signed the agreement and received cash compensation through bank wire transfer to their private accounts. PLN facilitated and coordinated with the bank to ensure that all APs (i.e. entitled persons) had opened private bank accounts and could receive the confirmation of cash transfer immediately (simultaneously) after signing the sales/compensation agreements. The documents (signed agreements, cash transfer bank statements, MOMs) are available at PLN UIP Makassar Office. The payments were conducted on April 16, 2015 prior to commencement of land take for project purposes. Construction commenced in June 2015 and was completed in February 2018.


The LAP document does not identify specific measures to be applied towards severely affected APs. However, according to the scope of the layout of land parcels that composed the additional 10 ha acquired by the PLN, most of the APs have noticeably released the entire land parcels. According to PLN UIP, APs with residual land losing original designation and economic vitality as a result of land take for project purposes, were offered acquisition of their entire land parcel. Also, additional amount of cash was supplemented to the individual AP’s compensation package to cover the cost of relocation of a grave of their family member from the project affected cemetery. The local government, community leader and PLN management supported APs with organizing official procedures required for grave relocation. Additionally, as per PLN UIP the APs were provided free-of-charge technical assistance in completion of the procedures for registration of title deeds prior to land acquisitions and issuance of cash compensation.

8 Attention to gender Gender Assessment is not addressed separately in the LAP document, however, among the APs eligible for cash compensation six (6) females are listed. During the project site visit on April 23, 2018, several female APs confirmed the receipt of cash compensation and appreciated the opportunity to commence commercial activity (with the cash remaining after building extension and renovation of residential house, one female AP opened a small shop on the ground floor of her house to trade consumer goods); another female AP invested portion of cash compensation on a boat (as a source of income for her family occupied in fishing). The field visit allowed the visiting team to interact with local community members. No complaints or hints of dissatisfaction were observed with regard to land acquisition practices or the amounts of cash compensation.

19 The program documents, minutes of the meetings and payment receipts are saved in the PLN local office.


We are expecting to receive the Monitoring Report of PLN.


1 Handover of acquired land for construction commenced

Executed as planned prior to the commencement of construction, specifically with the assigned territory of the 10 hectares acquired for Jetty, Intake Canal, Coal Yard, and Discharge Canal and office facilities.

D Performance


1 Quality of LAP Preparation The quality of LAP Document is satisfactory because it provides relevant information of the APs (landowners and tenants with identities and gender disaggregation). Additional to the general socio-economic assessment of project affected community, the LAP provides information on the main occupations, i.e. source of income of APs (landowners and tenants), land acquisition process delivered to APs through socialization (including the list of public meeting attendees), impact mitigation plan, estimations for compensation amounts, and confirms the issuance of compensations with scanned documents showing the names, amounts and signatures of APs.



PLN UIP received the request of local community residing in project influence area to financially support a project for the provision of water supply and sanitation facility. Although the LAP budget does not contain a cost item to cover additional rehabilitation measures for severely affected and vulnerable APs, PLN has additional resources under CSR to finance directly affected community projects. This proposed program was approved with PLN allocating 75 mln Rupiah from the PLN CSR budget19.


During land acquisition, PLN UIP Makassar, Division of Legal, Communication and Land Affairs (comprising three (3) staff) in-charge for handling complaints and APs’ requests and suggestions on compensations) was involved with the implementation process. In addition to the PLN assigned staff, the Community Leader of the village Punagay was also involved in the project implementation process (land acquisition and issuance of compensations). However, following some unsuccessful negotiations to reach the foreclosure, 17 APs did not agree to the offered compensation amounts and they applied for relief to the Court.


On April 16, 2015, compensation was issued to landowners and tenants (land users) who transferred land ownership rights to PLN. During land acquisition process Court Case took place, as APs filed claim to the court with request to increase the amount of cash compensation. The Deed of Sale and Purchase were registered at the BPN of Jeneponto district, on April 16, 2015. In the case of three (3) APs (all male landowners), PLN applied to BPN to clarify the land tenure status of these APs (to determine whether these individuals were actual land owners with registered titles). Compensation amount was deposited on the Court Escrow account. In terms of two APs the court case was closed, and the APs processed the agreements and received cash compensation. In the third case, the dispute among the heirs of a deceased landowner of project affected land parcel is still subject to court decision. Similar to the two other cases, the amount of compensation is deposited on the court escrow account and will be issued to the legitimate heir(s) upon and in compliance with a court order.

Case Study 15

Project name

Location

Type of Project

Implementing Agency

:

:

:

:

Upper Cisokan Pumped Storage Power Project (1040 MW)

South Cianjur and West Bandung of West Java-District Indonesia

Power Plant

PT Perusahaan Listrik Negara (Persero) PLN (Initially from 2011 funded by World Bank, however the World Bank made a cancelation of the loan in May 2017. Since then PLN continue finances the project)


Assessment Result


1 Project Objectives The objective of the Upper Cisokan Pumped Storage Power Project for Indonesia is to significantly increase the peaking capacity of the power generation system in Java-Bali in an environmentally and socially sustainable way and strengthen the institutional capacity of the project implementing entity Perusahaan Listrik Negara (PLN) in hydropower planning, development and operation.

2 Project Component and Area The Upper Cisokan Pumped Storage Project consists of 3 sub‐project components, namely 1) the construction of access road, 2) construction of upper and lower dams, and 3) construction of 500 KV transmission lines. Physical construction of these projects require land acquisition that will impact on peopleʹs lives, as a result of the loss or decrease in land assets, or require further removal of residents from the location currently occupied. The Upper Cisokan scheme will have two reservoirs, each with an active volume of 10,000,000m3. Water will be released through turbines from the upper reservoir to the lower reservoir, to generate electricity during daily peak load (05-11pm). The stored water from the lower reservoir will be pumped back up to the upper reservoir during off peak demand, started after 00.30-09.30 am daily, using energy supply from the base load power plants. In addition, the proposed project will provide spinning reserves and reactive power, as well as other auxiliary services to the power system. A pumped storage scheme will allow more flexibility in the power network, and provide PLN with a cheaper method of meeting daily peak loads and demand of auxiliary services. The reservoirs, power station infrastructure,


Assessment Result

roads and transmission lines will occupy approximately 836ha of rice fields, mixed agriculture plantations, settlements and plantation forest.


PLN UIP West Java conducted the required activities and procedures to ensure consistency of the project with regional spatial planning in West Java Province20, Medium Development Plan 2008 – 2013 and 2013 - 2018, Strategic Planning, and Work Plan of PLN. Decisions on Spatial Planning and Construction Permit were obtained in 2011 and the updated decisions were obtained in 2014.


The entire project development involves the following infrastructure: • 75.5m high upper dam and 98m high lower dam • 80ha of upper reservoir surface water area at high water level) and 260ha of Lower

reservoir surface water area at high water level • Waterways – underground head and tail races • Underground powerhouse • Above ground switchyard • 2 x 500kV transmission lines to the north (total of both routes 31.4km) • Quarry for aggregate materials • 7km of upgraded existing road, and 27km of new road • 30km of 20kV distribution line • Construction work camps, offices, concrete and asphalt plants and ancillary work areas • Spoil sites



The responsible unit for the social safeguards is in PLN UIP West Java. The implementation process was managed by PLN Resettlement Team (Task Force) of Upper Cisokan. For specific program requiring local government, ad-hoc members from relevant local government agencies were set up.

20 Source: Decision No:593/Kep.1386/Pemum/2011 on Location Determination for Development of Upper Cisokan Pumped Storage Power Project (1040 MW) by West

java Governor and Decision No. 593/Kep/1498-Pemum/2014 on Updated Location Determination for Development of Upper Cisokan Pumped Storage Power Project (1040 MW) by West Java Governor.


Assessment Result

There was also a Resettlement Implementation Team (RIT) in District of West Bandung which aims to synchronize the operation mechanism of resettlement between two teams will be facilitated by the Resettlement Policy Formulating Team.


In the initial stage, 20 PLN staffs were dedicated and assigned to support land acquisition and resettlement process for Cisokan. However when we conducted site visit on April 2018, only 7 staffs remained. World Bank provided regular coaching and trainings to improve staff capacity.


The budget for LAR and resettlement activities used PLN budget. Estimate 10%-15% of total project budget was allocated for LAR including for resettlement. PLN CSR was also channeled into the project for road improvements as requested by local government.


C.1 Planning Stage


The PLN conducted a feasibility study and environmental carrying capacity for the resettlement sites covering: • Agro ecosystem study, • Geological condition and potential natural hazard, • Physiographic and land suitability, • Clean water availability, • Accessibility to economic and social facilities such as market, education, and health. • Socio-economic aspects of the proposed site such as land ownership, perception of local

community regarding the proposed resettlement plan, etc. Resettlement site visit and consultation regarding location and perception of the APs. Institutions/parties to be involved in this activity are PLN, Resettlement Team, APs, Village Office, Sub District Office, Local NGO. Based on consideration of the biophysical characteristics and aspects of the natural hazard, and agro ecosystem, of the nine potential sites required for resettlement, this study determined the three locations, namely Kampung Munjul, Bojong village, Rongga sub‐


Assessment Result

district, West Bandung district, Kampung Pasir Taritih, Margaluyu village, Cibeber sub‐district, Cianjur district; and Kampung Nagrak, Girimulya village, Cibeber sub‐district, Cianjur district. These three sites were relatively possible based on basic criteria for resettlement sites, especially geological and clean water availability. Decision of resettlement site based on study result. Institutions/parties to be involved in this activity are PLN, Resettlement Team, APs, Village Office, Sub District Office, West Bandung District Office, Local NGO.


As the project established prior to the use of land law 2/2012, the Land Acquisition Committee (LAC) or Team Sembilan together with PLN staff prepared LAP documents. It had been submitted to authority as per regulation (prior to land law2/2012), and location determination was approved. Decision No:593/Kep.1386/Pemum/2011 on Location Determination for Development of Upper Cisokan Pumped Storage Power Project (1040 MW) by West java Governor and Decision No. 593/Kep/1498-Pemum/2014 on Updated Location Determination for Development of Upper Cisokan Pumped Storage Power Project (1040 MW) by West Java Governor. Resettlement Implementation Team developed also various resettlement and rehabilitation options that people can choose from, in consultation with APs and provide references where readers can find each package defined, and contact persons for delivering each option. This information will be publish and available in each affected village offices. Two options were offered: Project managed resettlement program and resettlement on their own site.



Team Sembilan/ LAC is established as per the regulation.




Assessment Result


Census was carried out to inventory the APs. Data collection in this census activity was conducted from house to house by interviewing the households/families. Data collected in these activity includes, among others, data on general information of the household, ownership of land, building and crop stands. Census collected information of APs occupational types including their income level. Using Sagogyo Parameter, the poverty line for the project set at 160,000 IDR income per month. For example, there 859 HHs in access roads have been considered as below poverty line. Capacity building will be prioritized for APs below the poverty line. Focus Group Discussion (FGD) was also carried out to disseminate idea/plan of the that could not be obtained through census from the community. The FGD was conducted in each village along the access road, with participants consisting of community leaders and residents in the villages affected by the project.


Consultation and discussion were conducted to collect perceptions and desires of the community from the Access Road regarding the asset acquisition (land, buildings & plants) and the proposed relocation of residents. Socialization and group discussion (FGD) had been conducted. The purpose of FGDs is to get the perception of the public regarding compensation and resettlement. Public consultation (FGD) was conducted in 5 villages, located at Sarinagen (existing road), and Cijambu, Sirnagalih, Cibitung, and Sukaresmi (new road). FGD participants were attended by women (gender), vulnerable groups, land owners, community leaders and local government element of the village, and Sub‐District officials. Socialization and discussions carried out in two places, at Multi Purpose Room of Cipongkor Sub‐District Office, West Bandung District on Thursday, October 23, 2008 and the Multi Purpose Room of Sub‐District Rongga, District of West Bandung on Thursday, October 24, 2008.




Assessment Result


Grievance handling mechanism was established. It was organized for all phase of project preparation and for land acquisition Informal complaint handling procedures was also established which include community leaders, field staff focal person. Issues submitted to the complaint team was related to potential impact of dash and its affect to fish pond, road condition during infrastructure was being built, potential job creation, etc.



Resettlement study was conducted by a team of consultants. Detail of the study results can be found in the enclosed documents collected as evident for this study. According to LARAP (2010), there are as many as 2,201 project affected people and that there are 773 PAPs to be resettled. Among 773 APs who had to be moved, there were 113 APs (by the time of LARAP survey) were willing to move to follow the PLN resettlement program, 64 households want to move to Munjul, 15 households move into Ginaya, 21 households to Pasir Taritih and 13 households to Nagrak. Although information has been obtained from the results of verification of the data in February 2011, that almost all APs declared themselves willing to move to a location of their own choice, but, for the APs handling plan, all of the above data would still be used. Thus, both types of APs (moved themselves and following PLN program) would be addressed and their relocation would be planned so that all processes were expected to be anticipated and can function properly.


It was disclosed to EP by Panitia Sembilan, and by PLN UIP West Java.


It was conducted as per the role of Team Sembilan/ LAC as per the regulation and laws prior to law 2/2012. Land Price Appraisal Institution (licensed by BPN) was appointed to conduct the assessment of land prices in this project. The appointment made by the LAC (P2T) of Districts of West Bandung through Assessment Letter of District’s Head, in this case Districts of West


Assessment Result

Bandung in accordance with their respective locations affected the Upper Cisokan Pumped Storage project. Land Price Appraisal Institution is a professional institution/team and independent to determine the land value/price that further will be used by the LAC as base to achieve agreement on land compensation with the PAP. Once appointed, the Appraisal team will conduct survey to persons, and institutions involved in land acquisition process in project area for determining the land price. As for determining the value of buildings and the establishment of plants/other stands are attached to the land will be referred to the Regional Regulation or other regulations issued by the Government of West Bandung District. PLN will communicate and socialize with both the district government, including giving information to the Government of West Java province (before land compensation conducted) to publish recent legislation or other regulations such as Head of District Regulation which can become the reference in the pricing structure and plant affected by the Upper Cisokan Pumped Storage Project.


During the socialization, PT PLN (Persero) West Java Generation and Transmission Project as the previous initiator of the project described the objectives and benefit particularly those involving the land acquisition and construction of the Upper Cisokan HEPP. PLN also explained that the staking‐out marking, measurement and inventory of land, buildings and plants conducted by LARAP team is as input for the Committee for Land Acquisition (P2T), then they will further conduct re‐inventory and recheck the measurements and calculations. As for socialization on resettlement, there has been 1 FGD meeting for upper dam carried out on 6 February 2011 in Rongga sub‐district. The theme raised in this FGD is about information on resettlement plan. Socialization and FGD facilitated by PT Kwarsa Hexagon in the presence of PT PLN, representative of community affected by the project, representatives of community leaders from the inundated village, representatives of womenʹs groups, officials of village, sub‐district officials and Muspika sub district. Detailed report of the FGD results and agreement achieved


Assessment Result

and list of participants attended are documented and included in the LARP (List of Participants see Appendix 8b). In the area of upper dam and Access Road, socialization and FGDs for income restoration conducted on 1 March, 2011 in the Sukaresmi village Rongga Sub‐District and Cijambu Village Cipongkor Sub‐District, West Bandung District. The FGD in lower dam was carried out on 4 March, 2011 in Margaluyu Village Campaka sub‐district, Cianjur District. The aim of the consultation and discussion is to identify and determine types of income restoration that need to be carried out including its associate trainings. In the socialization of PLN describes the objectives and benefits of each type of Starting Micro Business Packages as income restoration program and Assistance in Training of Technical and Financial Administration Skill particularly for APs who need to be resettled either by the project or move by themselves.


The institution to handle grievance redress is the Task Force developed in Project Implementation Unit (PIU). The Task Force consists of PLN Officers and the hired experts. It has two main tasks namely the first as an accompaniment to the people or APs during this project; and the second to accommodate and facilitate the public grievances related to the implementation of this project. The grievances submitted to Grievance Task Force in PIU should be in writing.


LAC determined form and value of compensation which proposed by Independent Appraisal in consultation with the land owners and the project within less than 120 days since the first invitation letter of negotiation is issued. The results of the assets valuation and compensation received from the independent appraiser was used as standard value by the LAC to negotiate with the APs and PLN. The results of the negotiations with APs on the compensation should be mutually agreed upon before LAC finalized the form and value of the APs. In supporting the program action of relocation of those APs who would like to be relocated by the PLN/local government, pre‐study of site assessment for the potential resettlement


Assessment Result

sites. The result of the pre‐site assessment for the resettlement program of the project recommends that considering that most APs are preferred to be relocated in the surrounding areas where they are living, and considering that most APs are working on land‐based economic activities, this study initially come up with nine potential sites.


There is special attention given to the vulnerable group nor any gender sensibility for development of the project. The criteria for vulnerability are usually based on criteria developed by World Bank and ADB. Based on this criteria and considering the local government concerns, this project use the following criteria for vulnerable people classification: (1) demography aspect (elderly citizen more than 70 years old), (2) Female household head, (3) economy aspect (poor); and (4) Disabled people. Based on the above criteria (demography, poverty level, widow household heads, and disability), the total identified vulnerable affected people are 2 HHs. These families are eligible to get special economic assistance due to their vulnerability. According to their residency, the vulnerable people, 2 HHs are in quarry. Capacity building will be prioritized for the AP’s below the poverty line


There is a tracking system used for internal monitoring of LAR progress and M&E. The system called “Applikasi Pintar”. It is only accessable for PLN staffs hold access authorization. Monitoring and reporting procedures and formats to be followed for reporting progress for LAR followed standard format for monitoring and reporting of LAR Progress developed by World Bank. To assess the level of success of the land acquisition process, including acquisitions of structures and other buildings as well as the implementation of the resettlement of the affected population, an overseeing activity is required. Such responsibility was undertaken by the Independent Monitoring Agency (IMA). In its activities, the IMA was also evaluated


Assessment Result

the management of the impacts of the overall project including the mitigation of socio-economic and health impacts of the people affected by the project. PLN has conducted impact monitoring and disclosed the results.



It was done according as per the regulation.

D Performance


1 Quality of LAP preparation Good quality of LAP Document supported by detailed data and information required as per the World Bank’s requirement.



There is recovery programs after resettlement that was carried out in the following: • Livelihood restoration, which is part of AP’s economic restoration; • Business resettlement, which is part of small scale economic development for those who

lost their economic earning; and • Monitoring and evaluation of resettlement programs. • Points a) and b) was done by working together with the third party, especially the

consultant with experience in economic recovery and community development programs. In addition to the above business opportunities, the AP income recovery (especially for PAP in the productive age) that was be done through a priority to get a job at the Upper Cisokan Water Plant project as: • In construction, construction worker and laborer • In administration part, as office boy, security guard or driver

Some trainings were also provided, such as: • Integrated Farming System (IFS) include on farm and off farm activities. On farm activities

include pilot program for horticulture, animal husbandry, fishery and forestry. Off farm activities include Product Processing Pilot Plant, Urine Fermentation Technology (UFT) Plant, compost processing unit and liquid waste processing unit.

• Vocational Training System (VTS), include motor workshop training and creative industry training.


Assessment Result

• Entrepreneurship Training include skill training and business management training for potential community based on local agriculture (agroprocessing) or UMKM/SMEs

• Community Empowerment include demplot program and business coaching for UMKM/SMEs.

• Marketing Network include advocation, consultation, intermediation, and exhibition publication.

Grievance raised by entitled

parties Most of the grievance raised could be addressed by the LAC and PLN.

Timely land acquisition completion

The project implementation was not delayed because of land acquisition.

Case Study 16

Project name

Location

Type of Project

Implementing Agency

:

:

:

:

PLN Distribution Makassar

Makassar, South Sulawesi

Distribution Lines

PLN Wilayah Makassar


Assessment Result


1 Project Objectives To distribute electricity to customer in Makassar operational area

2 Project Component and Area PLN Wilayah Makassar is covering the operational area of one Distribution Office; three Areas divided by Provinces (South Sulawesi, West Sulawesi and South-east Sulawesi). The electricity distribution business for public interest is including the construction and installation, operation, maintenance of power distribution installations and other businesses directly related to the distribution and sale of electric power.


The distribution line project is consistent with the National Medium Term Development Plan (RPJMN), 2015‒2019 and PLN’s Electricity Power Supply Business Plan (RUPTL), 2016–2025.


Land requirement for distribution lines would be for poles, cable stringing and transformer,21 thus the impacts is deemed not significant. However to minimize the impact, for PLN Wilayah Makassar, when the office starts the distribution lines installation, they would consult with the village heads from the planning


land assets (primarily trees) located within 2.5 m of the conductors (within the 7 m wide ROW in the case of trees) during their stringing; and (iii) use of about 4.5 m2 of land for installation of pole-mounted transformers.


Assessment Result

stage. These consultations cover the project plan, land use, and cable stringing that may require the teeming or removal of trees. When facing any challenges related with land permission and community, the usual action would be doing approach the land owner and local leaders at the village that would get the distribution lines, negotiate for compensation with the land owner, usually by the contractor, or if there is no conclusion, they would move the location to another possible place.



The responsible unit for the social safeguards as well as the Company Social Responsibility (CSR) in PLN Wilayah Makassar is the Division of Communication, Legal and Administration.


At the PLN Wilayah Makassar, there is two dedicated staff responsible for social safeguards. If any social issue appears, any staff working in the field can report the issue to the manager for solution or convey the issue to PLN Wilayah for solution. To improve their knowledge on legal framework and social safeguards the staff should join regular qualified in-house and external training on the substances.


For budget, since there is no land acquisition for distribution line projects in PLN Wilayah Makassar, no budget for land acquisition plan is prepared.


C.1 Planning Stage


There is no project feasibility study prepared for distribution line activities.




Assessment Result



N/A


When the office starts the distribution lines installation, the PLN Wilayah Makassar team would consult with the village heads since the planning stage about the project plan, land use, and cable stringing that may require the teeming or removal of trees.


The team would do the verification and usually the particular survey would be assisted by community figures that understand the specific condition in the community.


Consultation is conducted primarily through the village heads, and not all the affected persons are involved in the decision making for the distribution line alignment and design.22 Contractors handle some coordination for use of land and affected trees/crops.


N/A


If there is any grievance by the community, usually it was about the light off, trouble with the cable, street tight wasn’t functioning, or complain about the service by the PLN officer The issues were through the PLN123 call centre.



N/A

22 Based on discussion with Head of Division of Communication, Legal and Administration, PLN Wilayah Makassar


Assessment Result


N/A


The distribution line is installed either upon PLN distribution line working plan, or the request of a community. For both types of work, there would not be compensation paid provided to the affected people. However, the contractor handles the work sometimes has to pay compensation for tree cutting.


N/A


The grievance is handled through PLN123 Call Centre or the community can address the grievance to PLN Wilayah Makassar Office.


N/A


There is no special attention given to the vulnerable group nor any gender sensibility for development of distribution lines in Makassar. Invitation for public consultation and/or socialisation were aimed for all household in the respective area.


N/A



N/A

D Performance



Assessment Result







Case Study 17

Project name

Location

Type of Project

Implementing Agency

:

:

:

:

Development of HVTL 150 kV Kadipaten Incomer and Substation 150 kV Kadipaten


Substation and transmission line

UIP Central Java (UIP JBT II)


Assessment Result


1 Project Objectives To improve the capacity of the electricity supply in Majalengka and surrounding area, with greater impact in Central Java area

2 Project Component and Area Construction of a High Voltage Transmission Line (150 kV) along 350 meter include construction of 2 towers and cable stringing along the ROW and a 150-kV Substation. The constructed two towers are to be connected to the high-voltage transmission line in Ujung Berung - Rancaengkek – Sunyaragi. The project is located in Jatipamor and Panyingkiran Villages, Panyingkiran Sub District, Majalengka District, West Java Province. The land area required for two (2) towers and substations construction have been acquired by PLN. The project however required of land to be permanently restricted under the transmission line right of way (RoW) along 350 meters23. therefore, APs possessing land and assets within the ROW ( 7000 square meter of land) were affected by the project.

23 Pursuant to the Regulation No. 38 of 2015 of the Minister of Energy and Natural Resources the width of the ROW for Transmission Line is 10 m each side (left and

right) form the central line. Therefore, in case of the given project the total area of the ROW was 7,000 square meters; 10m x 2 x 350m = 7,000 square meters.


Assessment Result


The project has been consistent with regional spatial planning. The determination of the substation (GI) 150 kV Kadipaten was aligned with the Majalengka Regulation, Perda No. 11, Year of 2011 on Majalengka Spatial Planning 2011 – 2013 and PLN Work Plan for Energy Development Acceleration, following Presidential Decision No. 71 of 2006. The project location determination was issued in Year 2014. The environmental permit for the project was issued in May 2016.


The total 13,000 square meters of land area allocated for installation of two (2) towers (1,250 sq.m.) and land allocated for substations (11,750 sq.m.). The total 13,000 square meters of land area was already belong to PLN. LAP document was not available for installation of the two tower sittings and the substation extension in 2015. PLN obtained location permit to develop the substation extension.

The project however required of land area to be permanently restricted under the transmission line right of way (RoW) along 350 meters. Correspondingly, APs possessing land and assets within the ROW occupying 7000 square meter of land were affected by the project. The land use restrictions under the transmission line right of way (RoW) under the CSS legal framework set (15%) of the land value, and other assets affected by the RoW to be paid to affected land owners, building owners to be permanently restricted. Trees cutting is requiring compensation payment to the trees’ owners. PLN Land Acquisition Team (LAT) conducted some consultations / socializations. First socialization was conducted to inform affected people and local community about the project plan, potential impact and project schedule in order to get support of local people in the process of project implementation. PLN conducted second consultation prior to access restrictions to land under the transmission line right if way. Affected peoples were informed about the project RoW, Its cable strung schedule, and their rights to receive 15% of the compensation from the market value of land and building affected by transmission line right if way. Yet in this case study, affected peoples voluntarily allowing PLN for the cable strung along 350 meter of the transmission line RoW. Due to the land needed has been acquired, for this case study, it is only the restriction access permit for the RoW was needed.


Assessment Result



The development of the HVTL 150 kV Kadipaten Incomer and the Substation 150 kV Kadipaten is under responsibility of PT PLN (Persero) Development Unit –UIP Central Java JBT II, based in Yogyakarta. The land acquisition process for project is under accountability of the Legal, Communication and Land Manager at the UIP level and the Assistant Manager of Land at the project implementation unit – UPP level. At the UIP JBT II there are two staff responsible for the land acquisition, supporting by four UPPs24 and each UPP has 3 – 4 staff responsible for the issue. The Kadipaten Project was managed under the UPP JBT II with two staff working full time to support the project.


The personnel responsible for land acquisition both in UIP JBT II and UPPs levels have various educational backgrounds including engineering, social science and law. They regularly join compulsory and voluntary PLN internal and external training in PLN Learning Center or other places, covering the land acquisition process in accordance with Law 2 of 2012 and other social safeguards themes. Heavy workloads result in staff sometimes being unable to join training activities.


The budget for land acquisition for project purposes was allocated by the Budget Division at the PLN HQ, being managed by PLN UIP JBT II. In 2017, PLN UIP JBT II allocated sufficient budget for land acquisition including the land required for Kadipaten project.


C.1 Planning Stage


The project feasibility study has been carried out including an Environmental and Social Impact Assessment. There is no specific socio economic profile of the affected persons/entitled parties in the UKL/UPL (equivalent to the Initial Environmental Examination (IEE) as per ADB SPS), but the document includes a baseline study on communities in and around project areas.

24 Four UPPs under UIP JBT II are: UPP JBT1 Bandung, JBT2 Cirebon, JBT3 Semarang, and JBT4 Cawing


Assessment Result


Of the land which is already acquired / belong to PLN, land acquisition plan does not needed. PLN however has provided the land acquisition process including the need to conduct land access restriction plan for the 2 towers RoW. All information about land that already belong to PLN and the needs for land restrictions of its transmission line RoW was consolidated in the UKL/UPL, prepared by the UIP. The UKL / UPL also specified information on the size of land needed, the location of the land, the borders as well as 27 landowners (8 female and 19 male) who has agreed to provide restriction access permit 25 of their land for RoW of the transmission line.



N/A


N/A


The survey of location to be affected by transmission line RoW was done by the PLN LAT and included in the UKL/UPL. It is only covered land and asset restriction (land area, crops) and the status of affected land without including the number and name of the owners except for the PLN land. Survey location was part of the Feasibility study


A consultation process with communities along the transmission lines right of way (RoW), the landowners, and neighbors of the substation, was held between 2014 to 2016. The first consultation was for development of substation in Jatipamor Village, but the substation area was broadened which included some APs from Panyingkiran Village as well. The permits and sequent of public consultations were held in line with the development of the project. Initial consultation with the APs/entitled parties (APs/EPs) was conducted in conjunction with the survey of location and prior to the to the identification of affected persons and assets.


N/A

25 The minutes of the meeting held on November 26, 2015 confirm that APs willingly donated the portions of their land located within the ROW to be used for transmission

lines.


Assessment Result


No grievances were raised regarding project location.



The Identification of entitled parties and affected assets was completed before November 2015. The minutes of the meeting held on November 26, 2015 on socialization on development of Kadipaten Transmission Lines 26 November 2015 contains the gender dis-aggregated nominative list meeting attendees (8 female and 19 male)26. Besides, available documents provide the information with regard to the land and assets subject to land acquisition for project purposes, starting from planning stage through the entire project cycle including project implementation.


The meeting held in November 2015 was done for the measurement and inventory by the land office. All entitled parties and village office were invited. The last socialization and the announcement of the Inventory and Identification Result was held on 18 August 2016 and was attended by the 17 APs (8 female and 19 male).


PLN UIP JBT II mobilized an independent appraiser from office of public appraisal services to value the land acquisition object (land and crops).


N/A


No grievances were raised by the APs/EPs and communities

26 The Minutes of the Meetings held on 25 November 2015 on socialization of land acquisition is attached to the UKP/UPL in the form of a separate document.


Assessment Result


Of the land which is already acquired by PLN, there is no record in the UKL/UPL document regarding the compensation payment. However, from the interviews with PLN staff responsible for the LA and with the affected people in Jatipamor and Panyingkiran Villages during the field trip in June 2017, they reported that the compensation process was undertaken through wire transfer to individual bank accounts of APs.


All AHs are treated equally, therefore, there is no special attention given to the vulnerable groups in the land acquisition process. All the project affected households/entitled parties are not considered poor and although farming is their main occupation, no APs were severely affected by the project. To rehabilitate the road used by the project, the Jatipamor’s Village developed a proposal for the road improvement, and PLN UIP JBT II used Corporate Social Responsibility (CSR) budget to meet the community requests. For this case study, the Jatipamor Village’s road was used for the project, and get support for developing a better shaped road using CSR budget. In addition, PLN committed to request the contractor to provide opportunity for project related jobs to the AHs.

8 Attention to gender Project related documents available for review did not contain a specific chapter dedicated to gender assessment or separately developed brief GAP27. Although the text of the invitation to the scheduled consultations did not specifically emphasize women’s participation, the nominative list of attendees of socialization held on November 25, 2015, confirmed that eight (8) of twenty-seven APs were women who participated in the consultation (socialization). In reality, participatory involvement of women becomes inevitable and an integral part of project implementation once surveys conducted at project preparation and planning stages identify the prevalence of female title holders within project affected area.


The monitoring of land acquisition progress is conducted in accordance with the UKL/UPL implementation


27 AP stand for Gender Action Plan.


Assessment Result


N/A

D Performance


1 Quality of LAP preparation N/A. There is no land acquisition for this particular case study. However, PLN has conducted public consultations to dicuss with the APs on the restriction access permit for the RoW. All supporting documents for this process are available.



The previous land use of affected land of this SUTT (HVTL) 150 kV Kadipaten Incomer and GI (Substation) 150 kV project was mostly for farming and gardening, and there was no severely affected person in the project. However, there was no monitoring plan of living standard of the entitled parties in the land acquisition document for this project although there is a point in the UKL-UPL about the usage of CSR budget to accommodate the community request for road rehabilitation. No monitoring of resettlement impact was carried out. However, compensation payment has been based on valuation of independent appraiser and negotiation with the APs/EPs. The APs met during the acceptability assessment said that the compensation payment was acceptable to all APs. There is no complaint raised by the AHs as the compensation rate was based on the negotiation between the AHs and PLN. The rate offered has also been a bit higher than the land market rate at the time of compensation payment. The CSR budget is a further resource that can support activities related to affected communities. Under this Kadipaten project the Corporate Social Responsibility budget was used for rehabilitating the Jatipamor Village road, which was in a poor condition since it was used both as a project as well as a public road. The process for getting the support for CSR is to have a proposal developed by the community; in this case, a proposal from Jatipamor Village, submitted to the UIP was then passed to the CSR Unit at the HQ. The delivery of materials and monitoring of the rehabilitation were undertaken by the UPP.


No complaint/ grievance was lodged by the APs/EPs on compensation and project plan.


Assessment Result


The completion of the land acquisition in this project was done timely, particularly since almost all the land had been owned by PLN prior to the project plan.

Case Study 18

Project name

Location

Type of Project

Implementing Agency

:

:

:

:

PLN Distribution Majalengka


Distribution

N/A


Assessment Result


1 Project Objectives To have service for electricity supply in Majalengka and surrounding area.

2 Project Component and Area PLN Distribution Majalengka is one of four Rayons under PLN Area Sumedang, namely: Tanjung Sari, Kota Sumedang, Kota Majalengka, and Jatiwangi.


The office has been consistent with regional spatial planning. The coverage of distribution line of PLN Rayon Majalengka is the (rural) electrification up to villages around foot of Mount Ceremai, West Java.


Land requirement for distribution lines would be for poles, cable stringing and transformer,28 thus the impacts is deemed not significant. However to minimize the impact, for PLN Majalengka, when the office starts the distribution lines installation, they would consult with the village heads from the planning stage. These consultations cover the project plan, land use, and cable stringing that may require the teeming or removal of trees.



land assets (primarily trees) located within 2.5 m of the conductors (within the 7m wide ROW in the case of trees) during their stringing; and (iii) use of about 4.5 m2 of land for installation of pole-mounted transformers.


Assessment Result


The responsible unit for the social safeguards as well as the Company Social Responsibility (CSR) in PLN Rayon Majalengka is the Unit of Communication, Legal and Administration.


At the PLN Rayon Majalengka, there is no specific dedicated staff responsible for social safeguards. However, if any social issue appears, any staff working in the field can report the issue to the manager for solution or convey the issue to PLN Wilayah for solution. Since there is no land acquisition for distribution line projects managed by PLN Wilayah, there is no specific staff assigned for land acquisition issues in PLN Majalengka. To improve their knowledge on legal framework and social safeguards the staff should join regular qualified in-house and external training on the substances.


For budget, since there is no land acquisition for distribution line projects in PLN Majalengka, no budget for land acquisition plan is prepared. However, if needed, budget can be taken from the CSR unit to maintain and improve relationship with community.29


C.1 Planning Stage


There is no project feasibility study prepared for distribution line activities. Each PLN Distribution Office has Standard Operating Procedure (SOP) describing process and procedure to assess feasibility of development of distribution line. In the initial stage, PLN look at the spatial plan to know whether land use for this corridor is intended for distribution of electricity and assess the impacts of using the corridor for the distribution line.




29 The CSR Unit is under Distribution Office, and in this case, is held by PLN Wilayah Sumedang Office.


Assessment Result


N/A


When the office started the distribution lines installation, they consulted with the village heads from the planning stage covering the project plan, land use, and cable stringing that might require the teeming or removal of trees. New house connection initiated by PLN using Lisdes – Listrik Desa plan, or community request.


If a distribution transformer needs to be located on private land, PLN Board of Director Decree No. 0605/2010 regarding Construction Standard for Power Distribution Substation30 requires written permission for the use of the land obtained from the landowners.31


Consultation was conducted primarily through the village heads, and not all the affected persons were involved in the decision making for the distribution line alignment and design. Contractors involved also to handle some coordination for use of land and affected trees/crops. People living nearby the distribution transformers interviewed were saying they didn’t have any concern living immediate to the transformer or pole, and that their house property values were not subsiding compared to other properties located in different areas that were not nearby poles or transformers.32


N/A

30 PLN. 2010. Lampiran Keputusan Direksi PT PLN (Persero)/Nomor :605.K/DIR/2010 Buku 4–Standar Konstruksi Gardu Distribusi Dan Gardu Hubung Tenaga Listrik. 31 PLN Majalengka has collected data of written permissions from the land-owners to use their land for the distribution lines purposes; usually PLN has coordination with the

village’s head to have written permit from the owners if the distribution lines pass plantation or padi field owned by individuals or village. 32 Interviewed with people at Graha Asih Housing, Majalengka, June 2017. Note that generally people consulted could not distinguish differences between distribution lines and

transmission lines. After a deeper investigation, it was found that usually they were more concerned about the possible risks of High Voltage Transmission Lines. This could be one input for PLN to socialize the risks and how to mitigate the risk of HVTL to community.


Assessment Result


There is no specific grievance on the location determination.



N/A


N/A


The head of a village submited a statement letter on behalf of the community group (including affected persons) signed by the community representatives with a written commitment stating that they were agreed and supported the development of distribution line. Thus no compensation is provided to the affected persons.33


N/A


The grievance is handled through PLN123 Call Centre.

33 One of the distribution line activity performed during the field visit in Majalengka, June 2017 was a development of a pad-mounted transformers installed on a new built hotel

which require large power at the primary distribution level. The facility is built on the hotel premises.


Assessment Result


N/A


There is no special attention given to the vulnerable group nor any gender sensibility for development of distribution lines in Majalengka. Invitation for public consultation and/or socialisation were aimed for all household in the respective area.


N/A



N/A Based on these practices, the process and procedure is considered “moderate”

D Performance








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