Public Consultation is a process of dialogical communication or deliberation between interested parties in order to reach understanding and agreement in Land Acquisition for development in the Public Interest (Permen ATR/BPN No 19/2021, Article 1, Paragraph 12).
At the time public consultation, the preparation team explains the Land Acquisition plan which includes: (i) the aims and objectives of the development plan for the Public Interest; (ii) stages and timing of the Land Acquisition process; (iii) the role of the Appraiser in determining the amount of Compensation; (iv) incentives to be provided to Eligible Parties; (v) the object being assessed as Compensation; (vi) form of Compensation; and (vii) the rights and obligations of Entitled Parties, Property Managers and/or Property Users and affected communities.
Public consultation in the context of the land procurement regulations of the Republic of Indonesia has a special meaning, namely a series of activities that are the obligation of the procurement preparation team land, one of which is carrying out public consultation activities. The complete obligations of the land acquisition preparation team are in accordance with ATR/BPN Ministerial Regulation No. 19/2021 Article 380 is (i) implementing notification of development plans; (ii) carry out preliminary data collection on the location of the development plan; (iii) carry out Public Consultations on development plans; (iv) prepare a construction location determination; (v) announce the Determination of the Development Location for Public Interest; and (vi) carry out other tasks related to preparation of Land Acquisition for development in the Public Interest assigned by the governor.
There are several articles in the ATR/BPN Ministerial Decree 19/2021 which mandate an activity that is worth meaningful consultation, but it is not given the term consultation, but given the terms/nomenclature of notification. From this culture, social safeguards can be an entry point for strengthening in the form of meaningful consultation. Thus, there is no reason to say that during planning there is no room for consultation, as well as at the implementation stage of land acquisition!
Published by :
Rimun Wibowo
Chairman & Senior Principal of Social Safeguards at LPM EQUATOR | The Indonesia NLCs [Networks of Learning Centers for Environmental & Social Standard]