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Indonesia Batam-Bintan Bridge Project ES Consultant ToR - May 2022
Indonesia Batam-Bintan Bridge Project ES Consultant ToR - May 2022
Indonesia Batam-Bintan Bridge Project ES Consultant ToR - May 2022
1. Introduction
The Ministry of Public Works and Housing of Indonesia (the Ministry) is preparing the Batam-Bintan Bridge
Project (the Project). The project consists of the construction of a fixed road crossing between the Batam and
Tanjung Sauh Islands. This crossing would be a segment of the proposed Batam-Bintan inter-island road
crossing which consists of: (i) a road access to a fixed bridge crossing between Batam Island and Tanjung
Sauh Island; (ii) a fixed bridge crossing between Batam Island to Tanjung Sauh Island; (iii) a road
connecting the Batam-Tanjung Sauh Bridge, on Tanjung Sauh Island, to a bridge connecting Tanjung Sauh
Island to Bintan Island; (iv) a fixed bridge crossing between Tanjung Sauh Island to Bintan Island; and (v) a
road access on Bitan Island to the fixed bridge crossing between Tanjung Sauh Island and Bintan Island.
This crossing will be the only fixed permanent crossing between Batam and Tanjung Sauh Islands. The
Ministry is seeking Asian Infrastructure Investment Bank’s (AIIB) financing the Batam-Tanjun Sauh
segment of the crossing. The following picture shows the indicative alignment and the scope of AIIB’s
proposed financing in the red circle.
The AIIB seeks to engage an experienced Environmental and Social Consultant (“the Consultant”) to bring
the Project and related environmental and social documentation into compliance with the AIIB’s
Environmental and Social Policy (“ESP1”) and corresponding Environmental and Social Standards (ESS) 1
(Environment and Social Assessment and Management), ESS 2 (Involuntary Resettlement), and ESS3
(Indigenous Peoples).
2. Scope of Work
Overview
The Ministry, with the provincial government of Riau Islands, has prepared a Feasibility Study for this
Project and been conducting the engineering detailed design for the bridge and the approach roads. An
Environmental Impact Assessment (hereinafter “AMDAL”) has been prepared by a local consultant engaged
by the provincial government. The AMDAL is meant to satisfy the environmental requirements of Indonesia.
The provincial government has also prepared a Land Acquisition Planning Document (LAPD). However,
certain components of the ESP and ESSs are not addressed in the AMDAL and the LAPD. The purpose of
the assignment is to prepare an Environmental and Social Impact Assessment (ESIA) and a Resettlement or
Livelihood Restoration Plan that fully addresses AIIB’s ESP and ESSs with consideration to existing
information and assessments found in the AMDAL and LAPD.
1
The ESP is available at https://www.aiib.org/en/policies-strategies/_download/environment-framework/Final-
ESF-Mar-14-2019-Final-P.pdf
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Most of the baseline information required to develop the ESIA and address the ESP and ESSs are contained
in the existing AMDAL (to be finalized). Apart from AMDAL, a separate Biodiversity Baseline Study is
commissioned to another consultant (herein after Biodiversity Consultant), which will provide inputs to the
preparation of the ESIA. However, certain complements will be required, particularly in regards of
biodiversity assessment in accordance with international standards. In addition, documents typically required
by international standards, including Cumulative Impact Assessment (CIA), Environmental and Social
Management Plan (ESMP) and a Stakeholder Engagement Plan (SEP) will also need to be prepared to fully
meet the ESP. Similarly, a social impact assessment needs to be conducted on (i) the identified affected
persons in the LAPD and (ii) other potentially affected persons not captured in the LAPD.
The scope of work includes the following five tasks:
- Task A – Familiarization with the Project, site visit and review of documentation
- Task B – Biodiversity assessment and Critical Habitat Assessment with the input of biodiversity
baseline provided by other party
- Task C – Cumulative Impact Assessment
- Task D – Preparation of ESIA with Executive Summary (ES) and ESMP
- Task E – Additional Stakeholder Consultations and Preparation of SEP
- Task F – Census and socio-economic survey covering 100% of affected households and
preparation of a Resettlement and/or Livelihood Restoration Plan (RLRP) with Executive
Summary (including translation in local language)
Given the specific environmental and social (E&S) aspects of the location and length of the bridge and the
approach roads, it requires an in-depth analysis and consideration of all aspects, from engineering to E&S
and financial aspects, all in a coordinated fashion. Thus, the early and continuous integration between all
parties involved in the preparation of the project is extremely important. In particular, the Consultant is
expected to work closely with other consultants such as the Biodiversity Consultant and the engineering
design team. These tasks are presented in further detail in succeeding sections of the present ToRs.
Task A – Familiarization with the Project, site visit and review of documentation
The Consultant shall:
- Review all available documentation, including the Feasibility Study report, the draft engineering
detailed design for the bridge and the approach roads, the draft AMDAL, the LAPD, provincial and
regional planning and any other relevant documentation available from the Ministry and the
provincial government;
- Liaise with provincial government and obtain relevant permitting documentation available at the
time of the Consultant’s assignment;
- Prepare a Scoping Report identifying gaps based on existing documents and action needed to meet
AIIB ESP and ESSs requirements and propose methodology to fill in the gaps;
- Scope the supplemental baseline monitoring based on a detailed review of existing information and
data
- Review and provide comments on the scoping/ proposal of the biodiversity baseline study to be
conducted by the Biodiversity Consultant;
- Carry out primary monitoring to supplement the environmental baseline if there was any gap in the
existing data, except the biodiversity baseline;
- Review socio-economic data and available data regarding land acquisition;
- Review available social surveys, consultations and other due diligence activities carried out and
determine gaps against ESS2 requirements.
- Visit the Project sites and Project area;
- Conduct preliminary consultations with major project stakeholders
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Task B – Biodiversity assessment and Critical Habitat Assessment with the input of biodiversity baseline
provided by other party
A Rapid Assessment of Crab Fauna in the project area was carried out in Jan-Mar 2022, the report of which
is available for the consultant’s reference. The Biodiversity Consultant will conduct a comprehensive
biodiversity baseline survey and provide inputs to the Critical habitat Assessment (CHA). The biodiversity
baseline study report will be ready prior to the CHA. Based on the inputs from the Biodiversity Consultant
and existing baseline information as reflected in the AMDAL, the Consultant shall in accordance with IFC
Performance Standard 6 (PS 6):
- Identify any threatened species and compare against the IUCN Red list and the protected plant and
animal species based on government regulations in Indonesia (jenis tumbuhan dan satwa yang
dilindungi berdasarkan Peraturan Pemerintah);
- Carry out critical habitat screening against the criteria as defined in PS6; if triggered, conduct a
Critical Habitat Assessment (CHA) according to PS6 and its guidance note;
- Use satellite imagery and GIS data for analysis of ecosystem at landscape level;
- Review and update the existing assessment on ecological environment in AMDAL to a
comprehensive biodiversity impact assessment as part of the ESIA that covers all potential impacts
at landscape, ecosystem and species levels;
- Analyze the loss of ecosystem services but quantitative analysis is not mandatary.
- Incorporate the conclusions and recommendations of the rapid assessment report for crab fauna into
this biodiversity impact assessment; Review the existing designs of the bridge and the approach
roads and evaluate if sufficient facilities (e.g. culverts, bridges) have been provided for wildlife
crossings or protection to the habitats and ecosystems, and inform the design with suggested
changes/measures;
- Provide mitigation measure for any impacts on biodiversity that could not be avoided;
- Prepare a holistic Biodiversity Management Plan (BMP) to address impacts of this project and
potential cumulative impacts (Task C). The BMP shall ensure the “net gain” if critical habitat is
triggered; otherwise “no net loss” of biodiversity shall be demonstrated, in accordance with AIIB
ESP and IFC PS6. The BMP will establish a mechanism of inclusion of stakeholders in biodiversity
management, including government agencies, local communities, and NGOs. A Biodiversity
Monitoring Plan will also be developed as part of the BMP for the monitoring in preconstruction and
construction phases and long-term monitoring. The budget and resources required for the
implementation of the BMP will be discussed in the BMP.
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- Step 2: Identify the Valued Environmental Components (VEC) based on inputs from stakeholders;
and identify all developments and external natural and social stressors affecting the VECs;
- Step 3: Determine present conditions of VECs;
- Step 4 and 5: Assess cumulative impacts of the project and multiple other development activities
identified in Step 2 and evaluate their significance over VEC’s predicted future conditions;
- Step 6: Design and implement: (a) adequate strategies, plans, and procedures to manage cumulative
impacts, (b) appropriate monitoring indicators, and (c) effective supervision mechanisms.
Based on preliminary information, the planned and ongoing development activities that might be considered
in the CIA include but not limited to:
- A general cargo and container port at Batu Ampar (north Batam Island) ;
- The Tj. Uncang Industrial Park ;
- An International Convention Center ;
- Kabil container port on Tj. Sauh island ;
- A new international hospital and a polytechnic college ;
- A waste water treatment system ;
- The Bintan Intelligent Island; and
- The Batam Public Gas Facility.
Special attention shall be given to the cumulative impacts on the biodiversity values. Thus, biodiversity-
related values should be considered important VECs in the CIA. The Consultant shall conduct the
assessment of cumulative biodiversity impacts at landscape and ecosystem levels with the support of GIS
and quantitative or semi-quantitative analysis is preferred. Analysis on ecosystem services is required but
quantitative analysis is not mandatary. The Consultant is also expected to assess the cumulative impacts on
key species identified in the biodiversity impact assessment. The CIA on biodiversity will serve as inputs for
the preparation of the BMP (Task B).
Task D –Preparation of ESIA with Executive Summary (ES) and ESMP
The Consultant shall prepare an ESIA to fill in the gaps and meet the requirements of the ESP. Large
sections of the AMDAL can be reused with minimal amendments. Annex 1 provides the proposed indicative
structure of the ESIA. The Consultant shall prepare one consolidated ESIA for all three components of the
Project.
While the AMDAL is still under preparation, the gaps between the AMDAL and AIIB ESP and ESS1 are not
clear at this stage. The Consultant shall pay attention to the following aspects where gaps often exist in
previous similar projects.
- The project description should include construction features such as quarries, borrow pits and
disposal areas, approach roads established for construction purpose if any, etc., and a brief
description of construction activities, including methods and timelines.
- A list of national environmental and social legislation, a comparison with AIIB’s ESP and ESSs and
measures to fill the gaps should be discussed.
- The analysis of alternatives should be presented in an E&S perspective to the comparison. The
alternatives that the consultant could analyze may include with and without project scenario,
alignment alternatives, various bridge type, approach road alignment alternatives, as well as
alternative construction methods (e.g. pavement, quarries) if any. E&S criteria should be considered
in the comparison.
- Noise modelling should be carried out for operation phase based on the design traffic.
- Quantitative calculation of greenhouse gas (GHG) is needed for operation phase.
- A climate risk assessment is required to identify the major climate risks to the Project, via external
tools and climate change models.
- Analysis of climate adaption/ resilience will be carried out to elaborate how the climate risks to the
projects are addressed in the Project design.
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- This is a Project with special requirements on Occupational Health and Safety (OHS) given that it is
a large bridge project. Thus, the Consultant should pay special emphasis to assessment of OHS and
road safety risks (e.g. risks to road users/communities due to the traffic) during construction and
operation and maintenance (O&M). Mitigation measures and OHS management should be proposed
in the ESIA.
- The biodiversity impact assessment as described in Section 2.3 (Task B).
- Cumulative impact assessment as described in Section 2.4 (Task C).
- The social impact assessment will need to be developed. Impacts to consider include those arising
from land acquisition (permanent and/or temporary limited economic and/or physical displacement
to those who have formal and informal land users) and other project activities. These include
changes in population, accommodation requirements, demand for local services, traffic disruption,
restriction of community access, and presence of workforce, which will be summarized in the ESIA.
Other social impacts due to the construction and operation of the Project will also be assessed in the
ESIA, e.g. impacts on public utilities, disturbance to the accesses and the traffic, and community
health and safety. The social impact assessment should also identify impacts on livelihood arising
from other project activities apart from land acquisition i.e. impacts on fishing communities or other
livelihood sources that may be impacted by project activities.
- Conduct labor influx risk assessment, specifically whether labor influx may lead to social conflict,
illicit behavior and crime, bring in additional population (e.g. family members), impacts on
community dynamics; increase burden on competition and public service provision; increase risk of
communicable diseases and burden on local health services; gender-based violence; child labor;
inflation on price; impact on accommodation and rent; traffic and related accidents.
- Gender and social inclusion assessment. Based on the socio-economic baseline and social impact
assessment, determine whether bridge/road designs include measures for ensuring application of the
concept of universal access for persons with disabilities and any other vulnerable persons with
limited accessibility; access of women, poor and other vulnerable individuals/groups to opportunities
generated by the project activities.
The ESIA will include an Executive Summary and an ESMP. The ESMP will build and broaden the
environmental protection measures proposed in the existing AMDAL, design documents, for both the
construction and operation phases. In particular, the ESMP will include an OHS Management Plan and an
Adaptive Management Plan in the case of project/design change. The ESMP shall also set out measures to
address social-related impacts identified in the assessment specifically but not limited to labor influx, GBV,
and gender and social inclusion. The ESMP will also include grievance redress mechanism (GRM) for
project-affected people and workers with provisions on concerns regarding gender-based violence. The
ESMP should also include description of AIIB’s Project-Affected People Mechanism and how this can be
accessed.
The structure of ESIA is provided in Annex 1. The ESIA report including the ESMP shall be prepared in the
English and Bahasa languages; the Executive Summary will be prepared in the English and Bahasa
languages.
Task E – Additional Stakeholder Consultations and Preparation of Stakeholder Engagement Plan (SEP)
The local consultant has already carried out public consultations per the requirements of Indonesia during the
process of AMDAL preparation. The stakeholder engagement will need to be strengthened to meet AIIB’s
ESP requirement of meaningful consultations with views and concerns of the potentially affected
communities adequately addressed.
The Consultant shall conduct additional stakeholder consultations during the supplemental surveys (e.g. with
communities/entities to be affected) and document the outcomes. The documentation of consultations
conducted during the biodiversity baseline study will be provided to the Consultant. The Consultant will also
facilitate one public consultation meeting to be organized by the implementation agency in the project area
after the draft E&S documentation (ESIA and RLRP) is disclosed. The feedback received at the
consultations shall be incorporated into the ESIA. The consultant shall conduct separate consultations/focus
group discussions among women in the community and vulnerable groups especially people with disability.
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A concise Stakeholder Engagement Plan during implementation of the Project will be prepared, taking
consideration of activities already undertaken and objectives and requirements of AIIB’s ESP. At a
minimum, it should address:
- The identification of key stakeholders (stakeholder mapping);
- The description of past consultation activities, their outcomes (including the ones to be conducted by
the Consultant);
- A commensurate consultation plan during the implementation of the Project, involving consultation
methods suitable in the social and administrative context of the Project. Special consideration will be
given to enable participation of vulnerable project affected people, such as elderly people, who may
otherwise face barriers to participate.
- A disclosure plan specifying where and how Project E&S documentation will be available to the
public;
- A description of the GRM for the community and workers;
- Roles and responsibilities of key entities.
The structure of this SEP is provided in Annex 2. The document should be concise. The document will be
prepared in the Bahasa and English languages.
3. Deliverables
As identified in section 2, the Consultant shall prepare the following documentation:
- Scoping Report. The document will be in the English.
- Environmental and Social Impact Assessment for Batam-Bintan Bridge Project (including the
ESMP). The document will be in the English and Bahasa languages.
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- A Land Acquisition and Resettlement/Livelihood Restoration Plan with Executive Summary. The
document will be in both the Bahasa and English languages.
- A Stakeholder Engagement Plan. The document will be in both Bahasa and English languages.
- An Executive Summary of the Environmental and Social Impact Assessment for Batam-bintan
Bridge Project. The document will be in both Bahasa and English languages.
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The Consultant’s offer will include a clear description of all proposed specialists’ credentials, as well as their
CVs and exact time inputs for the job. Experience in Indonesia should be stressed in the description of
credentials.
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1. Executive Summary
The Executive Summary (ES) should provide a general summary of the ESIA and ESMP
contents and key findings, in a vocabulary that is easily understood by the public at large. It
should be clear and concisely discusses significant findings and recommended actions. The ES
should succinctly describe the process and outputs of ESIA and ESMP.
2. Introduction
This chapter will introduce the ESIA describing its background, objectives, principles, process
and methodology. This chapter should introduce the project proponents, the study team, and
provide other relevant information. The layout of the ESIA report should also be described to
facilitate its use. A project map should be presented in this chapter.
3. Legal and Administrative Framework and Gap Analysis
This will discuss the policy, legal, and administrative framework within which the ESIA is
carried out and identifies relevant international environmental agreements to which the country
is a party. It will also discuss the AIIB ESP applicable to the project, the World Bank Group
Environmental, Health and Safety Guidelines (ESHGs), and other relevant Good International
Industry Practice (GIIP). This section will compare the country’s existing environmental and
social framework and AIIB ESP and ESSs and identifies the gaps between them. The consultant
will do this by review legal and administrative framework section in the AMDAL and update
them as needed.
4. Description of Project
This chapter will provide a brief description of the project to place the ESIA in the relevant
context. This would include a summary of the background to the project, its various
components, construction activities, temporary and permanent facilities to be established as part
of the project, manpower requirements and labor camps, machinery and plant to be used for
construction, requirements of various supplies including water and fuels, borrowing materials,
and wastes streams generated. The cost and implementation schedule of the project should be
also introduced. All phases of the proposed project including design and engineering,
construction, and operation and maintenance will be covered in this Chapter. A map with
sufficient detail, showing the project site and the area that may be affected by the project’s
direct, indirect, and cumulative impacts should also be included.
5. Analysis of Alternatives
This section should systematically compare feasible alternatives to the proposed design, and
operation–including the “without project” situation—in terms of their potential environmental
impacts. In addition to the no-project scenario, feasible alternatives to design and operation shall
be systematically compared and summarized in the chapter. Particular attention will be given to
the environmental and social consideration of each alternative. It should assess the alternatives’
feasibility of mitigating the environmental and social impacts; the capital and recurrent costs of
alternative mitigation measures, and their suitability under local conditions; and the
institutional, training, and monitoring requirements for the alternative mitigation measures. For
each of the alternatives, the environmental impacts should be quantified to the extent possible
and attaches economic values where feasible. The summary of evaluation will be presented in
tabular form also.
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6. Associated Facilities
Describe activities that are not included in the description of the Project set out in the agreement
governing the Project, but that the Bank determines, following consultation with the Client, are:
(a) directly and materially related to the Project; (b) carried out or planned to be carried out,
contemporaneously with the Project; and (c) necessary for the Project to be viable and would
not be constructed or expanded if the Project did not exist. Identify and assess the potential
environmental and social risks and impacts of Associated Facilities and assess level of control
or influence of the project sponsor/implementing entity over the associated facility. If no
associated facilities are identified, this section can be omitted.
7. Environmental and Social Baseline Analysis
This chapter of the ESIA will assess the dimensions of the study area and present findings of the
literature review, environmental instrument monitoring, field surveys, social and economic
surveys and data collection conducted at the proposed study areas. The environmental and
socioeconomic baseline data will be collected from secondary as well as primary sources to
establish an environmental and socioeconomic baseline for the proposed project area. The
description will cover relevant physical, biological and socio-economic conditions of the project
area, including any changes anticipated before the project commences, taking into account
current and proposed development activities within the project area but not directly connected to
the project. The biodiversity baseline will be provided by the Biodiversity Consultant.
Data and description should be relevant to decisions about project location, design, operation, or
mitigatory measures. Furthermore, the trends in the key environmental parameters of the area
should also be described. The sensitive receptors will be identified in this chapter.
8. Impact Assessment and Mitigation Measures
This chapter will first present the process and outcome of the scoping carried out early during
the study and identify which impacts are significant and the criteria used to make this judgment.
This will be followed by describing the methodology and outcome of detailed impact
assessment carried out during the assignment.
The chapter will present impact assessment during design phase, construction phase and
operation phase respectively, on physical, biological, social‐economic environment and the
climate. The analysis will cover issues of the proposed works and associated on-site and off-site
facilities (e.g., link and access roads, borrow pits, batching plant, labor camps if any,
transportation and storage of construction equipment and materials) if relevant. All generic and
site-specific impacts should be assessed.
The chapter will also include analysis of occupation and community health and safety (OHS and
CHS) related risks and impacts associated with civil work and potential labor influx including
GBV, VAC and SEA incidences. It will identify mitigation measures to prevent and address
such potential risks and impacts.
Appropriate impact avoidance, minimization, mitigation, and/or compensatory measures will be
detailed for each impact. The potential impacts, their significance, associated mitigation
measures will also be presented in a tabular form.
9. Cumulative Impact Assessment
This chapter will present the methodology, process and the findings of the Cumulative Impact
Assessment. This section will identify current and proposed activities and potentially induced
strip development within the project area, other foreseeable developments, analyze effects of
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those development and activities and the incremental effects, estimate cumulative impacts and
provide recommendations for managing the cumulative impacts.
10. Environmental and Social Management Plan
ESMP will be the most important element of the ESIA. The key elements of ESMP will include
the following:
Institutional Mechanism. An institutional mechanism for the implementation and monitoring
of ESMP shall also be formulated in the ESIA and the mechanism should clearly identify
the role of all the agencies involved in the Project implementation. The Consultant shall
assess the institutional capacity of Client pertaining to the projects. Based on the assessment,
the Consultant shall propose appropriate Institutional arrangement for effective
environmental and social management of the Project, i.e. organizational setup from the
Ministry, provincial department down to the implementation level, their respective
responsibilities, staffing for environmental and social management, and other resources
needed. A detailed institutional capacity building strategy shall be proposed for the Client,
Consultants and contractors.
Mitigation plans, including measures for managing and mitigating various risks and impacts
of each proposed project activity identified, with responsibilities assigned for their
implementation and monitoring/supervision, along with monitoring indicators.
Project-level management plans include not be limited to Occupation Health and Safety
Management Plan, Community Health and Safety Management Plan, Labor Management
Plan, Accommodation Management plan and Environmental Code of Practice, as well as
requirements on Contractor’s ESMPs and Code of Conduct. Include Adaptive Management
Plan in case of changes in design during project implementation.
Internal monitoring and external monitoring arrangements with roles and responsibilities,
monitoring methodology and frequency, and documentation requirements. Two types of
monitoring will be described: compliance monitoring and effects monitoring.
Capacity building requirements for various entities of the project.
Documentation and reporting system.
Cost of ESMP implementation.
11. Stakeholder Engagement
This chapter of the ESIA should present the objective, process, and outcome of the stakeholder
consultations carried out during the preparation of AMDAL, the ESIA and other associated
activities (i.e., RLRP preparation). Particular emphasis should be given on documenting the
views and comments of all categories of stakeholders including PAPs (men, women, young,
those with disabilities, old people, individual ethnic people intermarried and integrated into the
mainstream communities, and members of other population groups) and other stakeholders
(presentative of government officials, and civil society organizations, etc.). This chapter will
also explain how these comments have been or will be addressed. The record of consultation
and participation should be attached as an annex to the final ESIA. The chapter shall also refer
to the standalone Stakeholder Engagement Plan (SEP) that describes the stakeholder
engagement during the implementation.
As part of this chapter, the consultants will also develop a program for the disclosure of the
ESIA to facilitate the work of the client on this matter. The responsibility for both the disclosure
and dissemination however lies with the client.
12. Grievance Redress Mechanism.
This chapter describes an arrangement for receiving, evaluating and facilitating the resolution of
workers and affected people’s concerns, complaints, and grievances about the borrower/client’s
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14. Appendices
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Legal requirements
- Legal requirements pertaining to public consultation and disclosure per Indonesian legislation,
particularly ESIA legislation; international conventions
- AIIB requirements: ESP
Stakeholder identification
The stakeholder identification should present a list of identified stakeholders in tabular form with the precise
identification of the stakeholder (if organization: name, legal status, address and contact information) and the
nature of their interest in the Project.
- Affected parties:
o Neighboring communities
o People and businesses potentially affected by the Project land acquisition
o Others (if any)
- Interested parties:
o Government institutions and agencies at national, provincial and local levels
o Local media (means of mass information)
o Conservation NGOs
o Other NGOs
o Others (if any)
Past consultation
- Consultation carried out as part of the Project Documentation and AMDAL preparation:
o Dates, outcomes
o Annex with relevant protocols
Engagement plan
- Present in tabular form the consultation measures for each of the phases of the Project (design,
construction, operations), including:
o Stakeholders targeted
o Description of measure
o Timeline
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Disclosure plan
- Present in tabular form the disclosure measures for each of the phases of the Project (design,
construction, operations), including:
o Stakeholders targeted
o Document or information disclosed
o Avenue where available (web, Project offices, local administration, local library, etc.)
o Timeline
- Provide details on certain measures as warranted
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Land Acquisition Planning National Requirements – References: Law No. 2 of 2012, AIIB Environment and Social Policy and
Document Government Regulation (GR) No. 19 of 2021 Standard
Participation, In accordance to land acquisition for public interest The client is required to engage with project-
consultation, and process in preparation stage, there are different definition affected people through meaningful
announcement and approaches for participation – consultation, and consultation. To fulfill this requirement the
client should:
(Disclosure) announcement:
1. i) Notification of the development plans to the (a) provide details of the all the consultations
communities at the development area by having information conducted in the preparation stage of the
spread by: socialisation, face to face, by letter or email and, or Project
by media (electronic and or printed); ii) The contents of
information should be including: a. the aims and objectives of (b) conduct stakeholder engagement analysis
the development plan; b. the location of the land and the to ensure that all relevant parties have a voice
in consultation, including national and
required land area; c. stages of the Land Procurement plan; d.
subnational governments, the private sector,
estimated time period for the implementation of Land nongovernmental organizations and people
Procurement; e. estimated timeframe for development affected by the Project, including, as
implementation; f. other information. applicable, Indigenous Peoples;
2. Consultation: i) definition: Public Consultation (PC) means
any communication process by a dialogue and consultation (c) describe the consultation and participation
among parties in interest to achieve understanding and mechanisms to be used during the different
stages of this project cycle to ensure
agreement in the planning of acquisition of land for
consultation is carried out on an ongoing
development in the public interest; ii) The PC would be held basis throughout the implementation and life
during the Land Acquisition Preparation. The Agency needing cycle of the Project;
land together with the provincial government shall under the
Land Acquisition planning documentation: a. Make notification (d) include and provide additional support as
of the development plan; b. Perform preliminary data collection needed so that women, elderly, young,
of the location of the development plan; and c. Hold a Public disabled, minorities and other vulnerable
groups to participate in consultation;
Consultation on a development plan; iii) PC is aimed to
achieve agreement on the location of the development plan (e) (summarize the results of consultations
with the Entitled Parties or people have land rights. with affected persons (including host
3. Announcement: i) the information to announce is of communities), and discuss how concerns
location confirmation for the development for the Public raised and recommendations made were
Interest; ii) the aims to inform and notify the community that addressed in the resettlement plan
the relevant location is affected by development in the Public
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Document Government Regulation (GR) No. 19 of 2021 Standard
Interest
The client is required to:
Gap in the document: (a) provide timely disclosure of relevant
1. No information about any materials, schedules and or report and adequate information of the resettlement
on any notification, consultation and announcement that has plan and/or livelihood restoration plan,
including availability of the Project’s GRMs
been and to be undertaken in the Project
and of the PPM or other Bank-approved IAM,
2. The document missing the list of Project’s stakeholders, and in a form and language(s)
including affected persons (altogether with the host understandable to the Project-affected;
communities) (b) Disclose: (i) in English, together with
summaries incorporating elements of this
documentation that are relevant to
stakeholders, including the Project-affected
people, in language(s) understandable to
them; and (ii) on the Client’s website, with the
summaries also disclosed in an accessible
manner in the Project area.
(c) Describe the planned information
disclosure measures (including the type of
information to be disseminated and the
method of dissemination) and the process for
consultation with affected persons during
project implementation
Objection The mechanism described in the Preparation Stage: In addition to the general function of the GRM,
handling 1. Handling of objections in determining the location (according AIIB also requires GRM to be designed to
mechanism to Law No. 2/2012) address affected people’s concerns and
/Grievance 2. Handling of objections to the results of the identification and complaints promptly, including gender-related
Redress inventory of land acquisition objects (according to Law No. concerns and complaints relating to GBV,
Mechanism 2/2012) using an understandable and transparent
3. Handling of objections in the matter of compensation process that is gender sensitive, culturally
(according to Law No. 2/2012) appropriate and readily accessible to all
affected people; (d) includes provisions: (i) to
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Land Acquisition Planning National Requirements – References: Law No. 2 of 2012, AIIB Environment and Social Policy and
Document Government Regulation (GR) No. 19 of 2021 Standard
Land Land Procurement Policy The chapter needs to incorporate AIIB ESS 2
procurement 1. Principles: humanity, justice, utility, certainty, openness, on Involuntary Resettlement
policy and transparency, agreement, participation, welfare, sustainability,
entitlement matrix and harmony
2. Pillars: i) availability of land and funding by government; ii)
obligation to release the land by the entitled party upon
release of compensation or under a final and binding court
decision; iii) assurance that the acquisition of land for the
public interest be performed by government, and aligned with
regional spatial planning, national or regional development
plan, strategic plan and annual or regular working plan of the
agency needs the land; iv) involvement of all the guardians
and stakeholders and has the land acquisition planning; and v)
balance between the interest of development and the interest
of the public of during all stages of the LA process with giving
reasonable and fair compensation.
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Land Acquisition Planning National Requirements – References: Law No. 2 of 2012, AIIB Environment and Social Policy and
Document Government Regulation (GR) No. 19 of 2021 Standard
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Land Acquisition Planning National Requirements – References: Law No. 2 of 2012, AIIB Environment and Social Policy and
Document Government Regulation (GR) No. 19 of 2021 Standard
Scope and Law requirement are about: This section should include describe physical
Impact of Land Land location – refer to the specific village, district, regency or and/or economic displacement including
Procurement city, and province where the development would be done; nature and severity of loss. Include those
Land size needed; without title to land description of associated
General description of the land status – including data of facilities if any
control, ownership, use, and utilization of land;
Feasibility Study, including: (–) location feasibility – to produce
an analysis of the physical suitability of the location with the
development plan to be implemented for the Public Interest as
outlined in the map of the development location plan; and (–)
analysis of development costs and benefits for the region and
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*OFFICIAL USE ONLY
Land Acquisition Planning National Requirements – References: Law No. 2 of 2012, AIIB Environment and Social Policy and
Document Government Regulation (GR) No. 19 of 2021 Standard
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*OFFICIAL USE ONLY
Land Acquisition Planning National Requirements – References: Law No. 2 of 2012, AIIB Environment and Social Policy and
Document Government Regulation (GR) No. 19 of 2021 Standard
21
*OFFICIAL USE ONLY
Land Acquisition Planning National Requirements – References: Law No. 2 of 2012, AIIB Environment and Social Policy and
Document Government Regulation (GR) No. 19 of 2021 Standard
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*OFFICIAL USE ONLY
Land Acquisition Planning National Requirements – References: Law No. 2 of 2012, AIIB Environment and Social Policy and
Document Government Regulation (GR) No. 19 of 2021 Standard
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Land Acquisition Planning National Requirements – References: Law No. 2 of 2012, AIIB Environment and Social Policy and
Document Government Regulation (GR) No. 19 of 2021 Standard
Implementing To note that under Indonesia Law the LA for public This section should
Mechanism interest the stages are:
a) Planning – with activities like, but not limited to: FS, LA (i) describes institutional arrangement
Plan, Determination of LA doc plan (DPT), and hand over responsibilities and mechanisms for carrying
the DPT to the provincial government; out the measures of the resettlement plan;
b) Preparation – with activities like, but not limited to: (ii) includes institutional capacity building
socialization to community, initial survey, public program, including technical assistance, if
consultation, land determination, and activities related to required;
any objection (if any); (iii) describes role of NGOs, if involved,
c) Implementation – with activities like, but not limited to: and organizations of affected persons in
inventory and measurement, data collection, resettlement planning and management; and
announcement and determination of inventory results, (iv) describes how women’s groups will
determination and announcement of independent be involved in resettlement planning and
appraiser, compensation assessment and result, management
community deliberation, compensation payment and
release of land right activities, and activities related to any
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*OFFICIAL USE ONLY
Land Acquisition Planning National Requirements – References: Law No. 2 of 2012, AIIB Environment and Social Policy and
Document Government Regulation (GR) No. 19 of 2021 Standard
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*OFFICIAL USE ONLY
Land Acquisition Planning National Requirements – References: Law No. 2 of 2012, AIIB Environment and Social Policy and
Document Government Regulation (GR) No. 19 of 2021 Standard
Monitoring and Law requirement: This section should describe the mechanisms
Reporting (1) Monitoring and evaluation of the performance of and benchmarks appropriate to the project for
acquisition of land in the Public Interest in the planning, monitoring and evaluating the implementation
preparation, implementation, and result delivery stages of the resettlement plan. It specifies
shall be made by the government. arrangements for participation of affected
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*OFFICIAL USE ONLY
Land Acquisition Planning National Requirements – References: Law No. 2 of 2012, AIIB Environment and Social Policy and
Document Government Regulation (GR) No. 19 of 2021 Standard
Other Comments:
The report should also have the following sections to aid in reading the document: project description, executive summary, glossary,
abbreviation. The following writing style guide would also be helpful: (i) document should also spell out the complete terminology
when used for the first time before making any abbreviation, for example P12 of PPK, SPPK and PL; (ii) use gender neutral or
gender sensitive wordings, like: workforce, human-made, police office or humanity rather than manpower, man-made, policeman or
mankind respective; (iii) make all tables and information with sex-aggregated data when applied, for example on the information
about land owners, or training or workshop participants. Regarding compatibility with spatial plan, please provide the reference years
in the main text as well as reference map.
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