You are on page 1of 10

1.1. TASK 2.

ACQUISITION OF GEO-SPATIAL DATA AND PREPARATION


OF GIS DATABASES OF LAND USE/LAND COVER

1.1.1. BACKGROUND AND DESCRIPTION OF WORK

The Government of Indonesia has initiated the implementation of the One Map policy to assure
better delivery of national development goals. This policy translates to enhancement of spatial
planning in local district level that is key to a decision-making process for developmental and
investment purposes. At the same time, the PLUP Activity is aimed to ensure projects funded by
the Green Prosperity (GP) Facility are designed on the basis of accurate and appropriate spatial
and land use data and adhere to and reinforce existing national laws, regulations, and plans.
PLUP will also help strengthen the capacity of local communities and district level institutions to
manage their own land and resources. PLUP emphasizes administrative boundary setting,
updating and integrating land use inventories, and enhancing spatial plans at the district and
provincial levels through the provision of district level data to the provinces.
To fulfill the PLUP’s objective and to assist the local district government in its spatial planning,
the consultant is expected to assist the PLUP team in the acquisition of geo-spatial data and
preparation of GIS databased of land use and land cover of the districts where GP Facility
investments will take place.
1.1 Generally the Consultant is expected to:
1. Collect and assess geospatial data (primary and secondary data) required for
mapping of land cover and land use for the four target districts (not just the
specific subdistricts targeted in Task 1, but rather the entire district). The
Consultant should, in particular, be sure to compile information already collected
by Indonesia’s ongoing REDD+ initiative and the “One Map” initiative being
conducted by the Badan Informasi Geospasial (BIG).
2. Conduct a thorough analysis and processing of the geospatial datasets from
villages, districts, and provinces, to include the compilation of currently available
data for the districts as a reference database and include any constraints/lesson
encountered.
3. Conduct an nalysis of incomplete and/or inconsistent data and make
recommendations for acquiring missing data or reconciling inconsistent data for
evaluation and consideration by relevant government entities.
4. Assist in the development and implementation of a multi-stakeholder data review
and endorsement process, including:
a. identify and develop a registry of stakeholders and projects/programs
relevant to mapping of land use and land cover and critical natural and
cultural resource areas in the districts.
b. prepare an action plan for stakeholder engagement in the districts in
consultation with the MCA-Indonesia.
c. implement the action plan to enable effective and efficient engagement of
the stakeholders and to ensure their views and opinions are reflected in the
compiled data for the districts.
The institutionalization of the management and use of this data at the district level will be
completed under Task 4.
1.2 Specifically, the Consultant will complete the following tasks:
1. Collection and classification of the data available for the four districts:
 analysis and collection of the specific data required for the mapping of
critical natural and cultural resource areas in the districts, as well as of
settlements and infrastructure.
 define and use a classification system (taxonomy) for land cover and land
use data approved by the MCA-Indonesia and consistent with Ministry of
Forestry and other relevant institutions.
 report detailing gaps in the data available and which are reasonably
required for the implementation of mapping of critical natural and cultural
resource areas, settlements, and infrastructure in the districts.
2. Processing and analysis of data from the districts:
 reference of compiled data for the districts including constraints/lesson
encountered.
 report comprising management/executive information for the mapping of
critical natural and cultural resource areas.
3. Analysis of incomplete and/or inconsistent data and process development for the
acquisition of additional data and/or validation of the data:
 Analysis of the incompleteness and/or inconsistency of data required for
mapping of critical natural and cultural resource areas implementation in
the districts.
 Action plan to mitigate data incompleteness and/or inconsistency and to
implement processes for data validation.
 Report on the results/output of the procurement processes for the
acquisition of required data for the districts/provinces, including
participatory/resource mapping.
4. Assistance in the development and implementation of a multi-stakeholder data
review and endorsement process:
 Registry of stakeholders and projects/programs relevant to mapping of
critical natural and cultural resource areas in the districts.
 action plan for stakeholder engagement in the districts.
 Report on discernible actions/achievements enabling effective and
efficient engagement of stakeholders and to ensure their views and
opinions are reflected in the compiled data for the districts.

1.2. TASK 3. COMPILATION AND GEO-REFERENCING OF EXISTING AND


PENDING LICENSES AND PERMITS FOR LAND AND NATURAL
RESOURCE USE

1.2.1. DESCRIPTION OF WORK

As presented in Section I, paragraph 1.8 and stipulated in Article 4 of the MOU, the local District
Government (Bupati) eligible for the GP PLUP Activity have agreed to make the information
about licensing on the utilization of natural resources accessible to the public, and have agreed to
the development and enforcement of licensing processes and mechanisms that are transparent
and easily accessible to the public. To support the District Governments in meeting these
agreements, the Consultant will complete the following tasks.

The Consultant shall collect, compile, and assess available data (both spatial and attributed)
related to land use management and spatial planning in each of the four districts to identify
critical land use issues that must be considered in early investment decisions (such as missing or
inaccurate data, conflicting or inconsistent land rights claims, potential conflict areas and
potential areas for investment), as follows:
1. collect relevant laws, regulations, decrees and other legal instruments, and
conduct legal analysis of regulatory procedures for land administration and
natural resources management, at the national, provincial, and district level.
2. collect, compile and geo-reference land use concessions/permits/licenses
information which affect land use in the above-mentioned target districts in order
to identify the following information:
a. land use concessions/permits/licenses, including those issued by: Ministry
of Forestry and the Environment; Ministry of Energy and Mineral
Resources; Ministry of Public Work and Public Housing, Ministry of
Maritime Affairs and Fisheries, BPN, Provincial and District Governments
and other related ministries/agencies. License and permit information
should be checked at district, provincial and national level offices.
b. community claims including community/customary forest, village forest,
communal/customary lands and cultural heritage area.
c. type, source, location and intensity of existing land dispute and land
conflicts including village/district boundary disputes, and licensing/permit
overlaps.
d. identification of critical land that is underutilized, including damaged
areas that can be restored and utilized by investors (draws upon land use
and over information collected in Activity 2).
e. estimating land use classification data that is inconsistent, especially peat
lands and primary forests, and areas with overlapping licenses/concessions
and other usage rights.
f. relevant Strategic Environmental Assessment (SEA), Environmental
Impact Assessment (EIA) studies and / or other specific studies related to
environment, social and gender.
3. Incorporation of this information in the IMS referenced in Task 4 (the IMS should
be able to report on the extent of overlapping licenses and permits – including the
ability to sort by the size of overlap and type of license).
4. Production of geo-referenced maps of overlapping licenses and permits in the
above-mentioned target districts.
5. Report on the status and effectiveness of “One Stop Shop” licensing procedures if
they should exist in the selected districts.
6. Provide a detailed assessment of any identified gaps or inaccuracies in the
information requested above.
7. Provide an assessment of the procedures and capacity for updating, sharing and
integration of land use data among district offices, and for the updating of the
IMS with the licensing and permit data on a regular basis.
8. Identify key technical assistance required to improve land administration and
natural resources management in support of GP objectives.
9. Analyze existing procedures used for community consultations as related to land
use data and land-based investments, including natural resources management.
10. Simplify schemes for land use data and information exchange and linkages that
are consistent with district-level capacity.
11. Complete a study which provides policy and operational mechanisms that district
governments can use to improve enforceability, transparency, accessibility, and
participation in particular to address the following needs:
a. mechanisms the district government could employ to post/disseminate
information on permits and licenses in a manner accessible to the public;
b. mechanisms to ensure the safeguarding of license and permit information;
c. establishment of a computerized ‘registry’ of natural resource exploitation
claims of rights to exploit these resources1;
d. development of participatory license approval process;
e. development of a permit and licensing dispute resolution mechanism; and

1
This ‘registry’ is not intended to confer permission to explore or exploit, but should permit formal and dated
recognition of such claims for due consideration during the implementation of established licensing processes.
f. development of a process for including local stakeholders in the ‘participatory
monitoring and evaluation’ of land and natural resource use and impacts
resulting from both permit and licensing investment decisions in general and
GP investments in particular.

1.3. TASK 4. ENHANCE DISTRICT SPATIAL PLANS THROUGH CAPACITY


BUILDING IN SPATIAL PLANNING, ENFORCEMENT AND
MANAGEMENT OF LAND USE INFORMATION IN SPATIALLY-
ENABLED DATABASES

This Task will build the capacity of those government entities that collect, manage, update, and
make decisions based on land use and land cover data and the land use license and permit
information, collected in activities one to three of PLUP. The overall goal is to establish
sustainable and transparent systems to use this data, particularly in planning and licensing
decisions, primarily focused on government institutions at the district level.

1.3.1. DESCRIPTION OF WORK


The primary sub-tasks are:
1. design, installation and training on the use of a spatially-enabled database (the
Information Management System, IMS) to integrate land use, land cover, and land
use licensing information to be managed and used at the district level;
2. provide technical assistance to relevant government entities (Bappeda, Forestry
Office, Public Works Office, Environment Office, Energy and Natural Resources
Office, Agriculture Office, Land Agency), primarily at the district level, to
improve the ability to conduct transparent and more efficient land use and natural
resource licensing and permit;
3. enhance2 existing district spatial plans, as further detailed below.
The detailed sub-tasks are: (i) Establishment of a District-level Information Management System
for Land Use/Land Cover Data; (ii) Improved and More Transparent Processes for Licensing and
Permit; and (iii) Enhanced Spatial Planning.
The Establishment of a District-level Information Management System for Land Use Data
consists of two steps: conduct a user needs assessment of hardware and software (GIS and
database) and design of an information management system at the Bappeda Office:
1. Conduct User Needs Assessment of hardware and software (GIS and database).
The Consultant shall assess the hardware and software needed to improve the
capacity of the target district Bappeda Office to manage land use, land cover, and
land licensing information, in order to facilitate spatial planning and land use

2
Enhance district spatial plan means improve and strengthen the process of planning, implementation and
monitoring process at district level, including improve quality of spatial data, spatial database management, and
more detail village boundary, location of settlements and natural resources information at locations corresponding to
Green Prosperity activity / investment.
licensing decision-making. Make recommendations and provide technical
specifications to MCA-Indonesia to enable it to promptly procure the equipment
and software needed for the district government entities, in time for the
implementation and installation of the IMS. This assessment should be done
within the first two months of mobilization and Consultant should provide MCA-
Indonesia with detailed specifications sufficient for preparation of a procurement.
The needs assessment should take into account requirements flowing from
Government Regulation or Peraturan Pemerintah (PP) No 15/2010 on the
Administration of Spatial Planning and the requirements of the IMS (discussed
below) to be designed by the Consultant to store and analyse the land use
information. The Consultant should take into account existing hardware and
software that may be used in the new IMS and what new hardware and software
will need to be purchased. The Consultant will, also, assess the electrical, IT
network and other relevant infrastructure needs of the offices where the
equipment will be located in order to recommend what preparatory work may
need to be performed. MCA-Indonesia will undertake any basic rehabilitation
work critically necessary for the IMS.
2. Design and Implementation of Information Management System (IMS). Design a
spatially-enabled Information Management System for integrating and
maintaining at the district-level the land use, cover, and rights data described
above in Tasks two and three. The Consultant will review user needs by
conducting on-site user needs surveys in at least two different districts (to be
chosen in mutual agreement with MCA-Indonesia) which reflect the variety of the
institutional, geographical, and natural resources found in the target districts.
MCA-Indonesia believes the appropriate entity on the district level to manage this
IMS will usually be the Bappeda (a coordinating District Government body) and,
if existing on the district level, the district level spatial planning committee
(Badan Koordinasi Penataan Ruang Daerah - BKPRD). However, circumstances
in a specific district may justify a different approach. The Consultant will conduct
an assessment of institutional and individual capacity gaps in data management
and design of required capacity development processes, as well as an assessment
of institutional and individual capacities required for data management in the
districts. Implementation of the IMS will be at the four selected districts. The IMS
will become the intellectual property of MCA-Indonesia and will be available for
use by other contractors hired by MCA-Indonesia to perform similar work in
other districts, should MCA-Indonesia decide on such a course of action.
The Consultant will review any existing related information systems at the district level to
determine whether components can be used within, or be synchronized with, the IMS. The IMS
design should be designed with the following criteria in mind: extremely user friendly with
simple user interfaces; rugged architecture that is not susceptible to crashes; and “fit-for-
purpose” for basic district level usage. It should incorporate a spatially-enabled GIS database
which stores both spatial information and substantial attributes information (e.g., in the case of a
land use permit, the IMS should store the precise spatial boundaries of the permit, as well as
information about the permit’s duration, details about the permit-holder, specific permitted
activities, issuing authority, date of issuance, etc.). The IMS should allow users the ability to
view and manipulate spatial information with different layers of spatial data. It should, also,
allow the user to perform a variety of queries and produce corresponding reports (such as
identification of conflicting license/permit overlaps per user-defined criteria) that will be
elaborated during the user needs assessment (for example, the ability to select overlaps of certain
minimal areas or overlaps between specified types of licenses/permits). The IMS should, also, be
designed to maximize, to the extent possible, the exchange of information in compatible data
structures with other government agencies or government information systems which use and
produce spatial information (such as the REDD+ initiative, BIG’s One Map initiative, and
Bappenas).
The consultant should submit a design report for the IMS for approval by MCA-Indonesia and
appropriate government entities before construction of the IMS. The hardware and underlying
GIS and embedded database software licenses will be procured separately by MCA-Indonesia
and provided to the Bupati for use by the Consultant in implementing this project activity, but
the design and creation of the IMS software will be done by the Consultant. All copyright rights
to IMS software created under this contract will be held by MCA-Indonesia.
A key part of this sub-task will be the design and presentation of a rigorous training program,
both on the IMS as well as covering more general computer, data management, and GIS skills.
The Consultant shall develop and implement a training and capacity development program and
prepare relevant training material appropriate for the districts (where appropriate, it shall develop
both direct and distance learning materials). The training material shall be prepared in
accordance with the specific needs and prevailing conditions for the districts.
The Consultant shall prepare an action plan for the sustainability of the IMS to process and
manage data in the districts. This action plan shall be approved by MCA-Indonesia, with an eye
toward potentially extending it the future target districts or other districts in Indonesia. The
Consultant should provide a detailed training plan to train district level officials on the use of the
IMS. The Consultant should, also, provide a plan for: (i) user and customer support; (ii)
debugging and fixes; and (iii) minor functionality modifications during first year of operation.
Improved and more transparent processes for licensing and permit is expected to: (a) assist in
attracting more investment; (b) avoid conflict (as may result between overlapping permits); and
(c) decrease rent-seeking by government officials. Results from the District Readiness
Assessment (http://gp.mca-indonesia.go.id/en/library/supporting-documents/) revealed
widespread instances of conflicting land use (overlapping and/or inconsistent) in the land use
permit from different government agencies.
The work of the Consultant is detailed below.
1. Based on the identification and analysis of relevant laws and procedures
mentioned in Task 3, Activity 1. above, the Consultant shall identify potential
streamlining of procedures that may be possible within the existing framework
without regulatory changes (or that could be implemented easily at the district
level, such as with a Bupati decree).
2. Based on the review of “One Stop Shop” licensing where it exists in the target
districts, make recommendations for its further improvement and potential
expansion to other districts.
3. Provide an assessment of the procedures and capacity for updating, sharing and
integration of land use rights data among district offices, and for the updating of
the IMS with the licensing and permit data on a regular basis.
4. Identify opportunities and appropriate times in the permit and licensing process
during which the application should be made public and community inputs
solicited.
5. Analyze existing procedures used for community consultations as related to land
use and land-based investments.
6. Develop methods of public access to issued and pending license and permit
information. The IMS should have a publicly-accessible internal portal via which
the general public can view license and permit information (in compliance with a
variety of Government of Indonesia laws, regulations, and policy, such as: Law
14 of 2008 re Open Public Information; The implementing Government
Regulation (PP) for Law 14, PP 26 of 2010; Law 37 of 2008 re National
Ombudsman; and Presidential Decree 61 of 2010 re Extractive Industries
Information in Indonesian and English).
7. In addition to access via internet, district offices should have a dedicated public
access terminal where community members can walk into the office and access
the licensing and permit information.
8. Consultant should arrange training and capacity-building for general members of
the community, as well as specifically for NGOs, on the licensing and permit
legal framework, application process, and access to information via the IMS.
9. Consultant should develop, along with district-level authorities, separate public
information brochures geared to both investors and to the community. (Such
brochures should be available in both hard copy and online).
Enhanced Spatial Planning: the Indonesia Spatial Management Law No 26 of 2007 defines space
(ruang) as a site that consists of land (surface and underground), oceanic, and air space, as a
united area where humans and other living creatures carry out activities and maintain a
sustainable life. This space is zoned or structured (struktur ruang) to accommodate specific
activities, such as conservation, cultivation, and other societal activities. Spatial management
constitutes the process of spatial planning, space utilization, and control over space utilization.

Spatial planning by the district government, referred to in Article 3 of Government Regulation or


Peraturan Pemerintah (PP) No 15/2010 on the Administration of Spatial Planning, includes the
preparation and adoption of:

a. spatial planning of the district/city, a spatial plan of district/city’s strategic area,


detailed spatial plan of district/city including zoning regulations as stipulated by
district/city regulations (PERDA Kabupaten/Kota); and
b. provisions on licensing, types and amounts of incentives and disincentives, as
well as administrative sanctions, as stipulated by head of district/mayor
regulations (Peraturan Bupati/Peraturan Walikota).
Figure 1: Spatial Planning System in Indonesia according to Law No 26/2007 regarding the
Spatial Use Management (Penataan Ruang)

The objective of this sub-task is to assist district governments to improve their land and natural
resource information and planning processes by incorporating into their spatial plans the data
collected and developed via PLUP of the land use, cover and rights (permits/licenses)
inventories, and by boundary setting activities. It will also accommodate requirements to
conserve forests and watershed, biodiversity, environmental services, to improve sustainability
of landscapes, and to develop low carbon economic growth.

The current status of the national revision of the district spatial plans is of primary importance
because, once these plans have been accepted by government (district, provincial, and national),
there are limitations on changing them until the next iteration of spatial planning (typically in
five years intervals). The consultant shall review the status of the district plans and tailor the type
of assistance provided to the spatial planners accordingly.

The Consultant will undertake the work below.


1. Assess the current status of district spatial planning according to Government
Regulation (Peraturan Pemerintah / PP) No 15 / 2010 by analyzing draft (or final)
Provincial Spatial Plans and draft (or final) District Spatial Plans in order to
provide basic information on the progress to date.
2. Provide recommendations to proceed with further assistance in the target districts
by analyzing and ranking the spatial planning stages of the target districts, based
on complexity of issues which are hindering the planning process.
3. Provide recommendations on investments in computer and mapping equipment,
GIS software, training and technical assistance for district Bappeda offices and
the office of the Bupati, to improve spatial analysis and the use, updating and
enforcement of spatial plans (including use of the IMS reference above). This
needs assessment and recommendation shall be part of and joined with the
assessment mentioned above in Task 4 Activity 3.
4. Implement the above recommendation, after its approval by MCA-Indonesia,
including providing spatial planning and Geographical Information System (GIS)
capacity building or training program, and installation of hardware and software
(as needed to be part of the IMS, and, if deemed necessary, additional
hardware/software independent of the IMS referenced above). Hardware and
software, as noted earlier, shall be procured by MCA-Indonesia, but specifications
must be provided in a timely manner by the Consultant.
5. Assess the quality, implementation and enforcement of approved spatial plans in
the four districts. Analyze and detail what specific administrative measures and
technical assistance, if any, would be needed to improve spatial plans, their
implementation and their proper enforcement at a district level with a focus on
decreasing carbon emission levels, reducing land degradation, and increasing
economic development. The Consultant should also recommend key indicators
and monitoring mechanisms for tracking and analysis of spatial plan
implementation, and for their enforcement.
6. Incorporate the geospatial databases that were prepared under Task 1 – Village
Boundary Setting and Resource Mapping.
7. Incorporate into district spatial plans the information from the land use and cover
inventories (Task 2); the land use permit/license inventory (Task 3); and the
VBS/RM (Task 1).
Facilitate the integration and coordination of the licensing and permit processes with the spatial
plans.