scholarly journals Keabsahan Perjanjian Restrukturisasi Nomor: 003/Pam/F/K.KH/III/2018 Oleh Dan Antara Perusahaan Daerah Air Minum Daerah Ibukota Jakarta (PAM Jaya) Dan PT. Aetra Air JakartaBerdasarkan Putusan MK Nomor 85/PUU-IX/2013

2020 ◽  
Vol 2 (1) ◽  
pp. 123-136
Author(s):  
Nada Najiha ◽  
Ria Safitri ◽  
Fathudin Fathudin
Keyword(s):  
Water Resources ◽  
Private Sector ◽  
Water Resources Management ◽  
Research Method ◽  
Court Decision ◽  
Primary Sources ◽  
Constitutional Court ◽  
Resources Management ◽  
Secondary Sources ◽  
Laws And Regulations

The main problem in this research is regarding the management of water resources after the Constitutional Court Decision Number 85 / PUU-IX / 2013 and whether or not the Restructuring Agreement Number 003 / PAM / F / K.KH / III / 2018 between PAM Jaya and PT. Aetra Air Jakarta based on the Constitutional Court Decision Number 85 / PUU-IX / 2013. This research aims to make everyone understand that the contents of the agreement must be in accordance with the prevailing laws and regulations. This research method uses a normative juridical approach. Juridical normative in this study has two sources of law, namely primary and secondary sources of law. Primary sources of law refer to the Restructuring Agreement Number 003 / PAM / F / K.KH / III / 2018 and the Constitutional Court Decision Number 85 / PUU-IX / 2013. The results of the study show that in the Constitutional Court Decision Number 85 / PUU-IX / 2013 mandating the participation of state shares in water resources management cooperation with the private sector, while the Restructuring Agreement Number 003 / PAM / F / K.KH / III / 2018 is considered invalid. valid because it does not include state shares in accordance with the appropriate proportion. 

scholarly journals Perspektif Konstitusional Kedudukan Negara dan Swasta dalam Pengelolaan Sumber Daya Air Menurut UUD 1945

2016 ◽  
Vol 13 (2) ◽  
pp. 455
Author(s):  
Helmi Kasim ◽  
Titis Anindyajati
Keyword(s):  
Water Management ◽  
Human Rights ◽  
Water Resources ◽  
Private Sector ◽  
Water Resources Management ◽  
Water Resource Management ◽  
The State ◽  
Constitutional Court ◽  
Resources Management ◽  
State Management

This research discusses the constitutional perspective of water resources management and its relation to the position of the state and the private sector in the management of water resources. This research examines the decision of the Constitutional Court in the judicial review of Law No. 7 of 2004 on Water Resources. There are two issues discussed in these studies namely (i) what is the constitutional perspective of water resource management and (ii) what is the position of the state and the private sector in water resources management? This research uses normative law research. The results showed that there are two constitutional perspectives in water resources management which are the perspective of control by the state under Article 33 paragraph (3) and the perspective of Human Rights perspective based on Article 28H of the 1945 Constitution. Based on the perspective of control  by the state, management of water resources should be controlled by the state from upstream to downstream. The state should take control of water resources  and establish distribution channels to meet the needs of the citizens on the water. From a human rights perspective, the state is obliged to protect, promote and fulfill the right  to water.  This obligation cannot be left to the private sector especially in water management based on its primary function. Therefore, the overall water management should be done by the state through the State Owned Enterprises or Regional Owned Enterprises. In fact, the monopoly of water management is a policy option that can be taken by the state. On the other hand, the private sector can take a part to commercialize water based on the use of water in its secondary function for industrial use through licensing mechanism. The study concluded that the state has an obligation to meet the citizens’ rights to water in order to meet the needs of a decent life based on primary functions of water. Secondary functions can be operated by private sectors.

scholarly journals Harapan Baru Atas Pengelolaan Sumber Daya Air terkait Putusan MK Nomor 85/PUU-XI/2013

2016 ◽  
Vol 12 (3) ◽  
pp. 422
Author(s):  
Izzatin Kamala
Keyword(s):  
Drinking Water ◽  
Water Resources ◽  
Private Sector ◽  
The State ◽  
Constitutional Court ◽  
Resources Management ◽  
Household Level ◽  
Role Of The State ◽  
Water Value

The Decision of Constitutional Court No.85/PUU-XI/2013 (The Decision of CC 2013) has canceled Law No. 7 Year 2004 on Water Resources (Law on WR 2014). The cancellation is a new hope for improving the management of water resources. During the implementation of Law WR 2004, there is mismanagement in the provision of drinking water. This paper has two focus issues, namely: first, how the low responsibility of the state for managing water resources impacts the fulfillment of drinking water for the citizens? Second, how are the improvements of water resources management expected to be realized through the Decision of CC 2013? From the discussion, the author has two conclusions. First, the negligence of the state caused that the role of the state in providing drinking water for the citizens was  lost by the role of private sector. For example, a year before judicial review (2012), the number of consumers of drinking water supplied by the national sector in in the counting unit of household level is only the part of 11.79 percent. The number was lost by the supply of private sector covering 38.85 percent of households nationally. Second, the Decision of CC 2013 brings a new hope. Some basic thought are the improvement of state’s responsibility for managing water resources, termination  on the private’s monopoly and termination on commercialization of water value.

scholarly journals Legal Policy of Water Resources Management by Local Governments: A Review of Right to Water in Indonesia

2016 ◽  
Vol 1 (2) ◽  
pp. 250
Author(s):  
Nadia Astriani
Keyword(s):  
Surface Water ◽  
Water Resources ◽  
Water Resources Management ◽  
Local Governments ◽  
Management Policy ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Normative Study ◽  
Resources Management ◽  
The Law

This study is based by the cancellation of Act No. 7 of 2004 on Water Resources by the Indonesian Constitutional Court. Over the past 10 years, the law is the basis for the water resources management in Indonesia. The cancellation of the law would provide great impact for water resources management policy, especially with regard to the provision of right to water. Hence, this study aimed to determine the legal status of Right to Water provided by the local government after the cancellation of Act No. 7 of 2014 on Water Resources. The object of this normative study includes legal principles and systematic. This is due to the focus of this study is the meaning of the right principle to ruled state in the context of realizing the peoples’ prosperity and the position of Water Resources Act as the basis for the issuance of Government Regulation and Right to Water. The results of study indicate that in order to provide legal certainty for permit holder for Right to Use Water and Right to Commercialize Water, the ministry has issued various ministerial regulations, although the nature of these regulations only fills a legal vacuum. In the case of permit to Use of Water Resources, all permits for use of water resources that use surface water issued before the decision of Constitutional Court No. 85/PUU-XI/2013 are still valid. To permit referred to it, evaluation is conducted based on 6 (six) the principles of water resources management. Request new permit are in the process or for renewal of permit to use water resources that use surface water, processed as 6 (six) principles of water resources management. Although, in order to ensure legal certainty, the government should immediately issues the Act in Lieu of Water Resources Management which will be the basis for water resources management in Indonesia.

scholarly journals Legal Policy of Water Resources Management by Local Governments: A Review of Right to Water in Indonesia

2016 ◽  
Vol 1 (2) ◽  
pp. 250
Author(s):  
Nadia Astriani
Keyword(s):  
Surface Water ◽  
Water Resources ◽  
Water Resources Management ◽  
Local Governments ◽  
Management Policy ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Normative Study ◽  
Resources Management ◽  
The Law

This study is based by the cancellation of Act No. 7 of 2004 on Water Resources by the Indonesian Constitutional Court. Over the past 10 years, the law is the basis for the water resources management in Indonesia. The cancellation of the law would provide great impact for water resources management policy, especially with regard to the provision of right to water. Hence, this study aimed to determine the legal status of Right to Water provided by the local government after the cancellation of Act No. 7 of 2014 on Water Resources. The object of this normative study includes legal principles and systematic. This is due to the focus of this study is the meaning of the right principle to ruled state in the context of realizing the peoples’ prosperity and the position of Water Resources Act as the basis for the issuance of Government Regulation and Right to Water. The results of study indicate that in order to provide legal certainty for permit holder for Right to Use Water and Right to Commercialize Water, the ministry has issued various ministerial regulations, although the nature of these regulations only fills a legal vacuum. In the case of permit to Use of Water Resources, all permits for use of water resources that use surface water issued before the decision of Constitutional Court No. 85/PUU-XI/2013 are still valid. To permit referred to it, evaluation is conducted based on 6 (six) the principles of water resources management. Request new permit are in the process or for renewal of permit to use water resources that use surface water, processed as 6 (six) principles of water resources management. Although, in order to ensure legal certainty, the government should immediately issues the Act in Lieu of Water Resources Management which will be the basis for water resources management in Indonesia.

scholarly journals The Constitutionality of State Authority Over Water Resources Management Based on Human Rights Principles

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Ricko Anas Extrada ◽  
Kamarusdiana Kamarusdiana
Keyword(s):  
Human Rights ◽  
Water Resources ◽  
Private Sector ◽  
Research Methods ◽  
The State ◽  
Constitutional Court ◽  
Conceptual Approach ◽  
Resources Management ◽  
Library Research ◽  
The People

This study aims to analyze the dichotomy of the implementation of privatization of water resources by the private sector that occurs in Indonesia and the responsibility for managing water resources by the state in terms of human rights principles. In accordance with the mandate of the constitution which is affirmed in Article 33 paragraph (3) that "Earth and water and natural resources contained therein are controlled by the state and used for the greatest prosperity of the people." This research uses normative legal research methods, while the approach used in this study is a statutory approach and library research methods as well as a conceptual approach that will be harmonized with statutory provisions. The results of this study indicate that the state has the responsibility in managing water resources in accordance with the mandate of the constitution to guarantee, protect and fulfill human rights to water. Water management by the private sector (water privatization) which is monopolistic, exclusive and materialistic is not in accordance with the spirit of the constitution and the basis of the Indonesian state. Moreover, based on the decision of the Constitutional Court which annulled the Water Resources Law, it obliges that the management of water resources be carried out by the state in order to realize social welfare.

scholarly journals LEGAL POLITICS OF WATER RESOURCES MANAGEMENT IN INDONESIA: ENVIRONMENTAL PERSPECTIVE

2018 ◽  
Vol 30 (1) ◽  
pp. 185
Author(s):  
Nadia Astriani
Keyword(s):  
Water Resources ◽  
Water Resources Management ◽  
Research Method ◽  
Environmental Law ◽  
The State ◽  
Point Of View ◽  
Water Privatization ◽  
Resources Management ◽  
Living Things ◽  
Vital Component

AbstractWater is a vital component in the life of all living things. Because water is very important for the life of all living creatures, it takes the rules, both in the form of legislation and norms and traditions of society, so that the benefits can be felt by all parties. This article will discuss the legal politics of water resources management in Indonesia from the perspective of environmental law. The research method used in this research is normative juridical research method. The results of the study explain that the legal politics of water resources management in Indonesia places the State as the ruler of water resources. In its utilization, this water resource is used as much as possible for the people's prosperity. In practice, the state divides its management authority to private parties, thus causing water privatization. This condition shows anthropocentric views still dominate the regulation of water resources. This view is contrary to the ecocentric point of view adopted by environmental law, where water is viewed as an entity that has a certain value, so that in utilizing it should not reduce the value of the water itself. IntisariAir merupakan komponen vital dalam kehidupan seluruh mahluk hidup. Karena air sangat penting bagi kehidupan seluruh mahluk hidup, maka dibutuhkan aturan, baik berupa perundang-undangan maupun norma dan tradisi masyarakat, agar manfaatnya dapat dirasakan semua pihak. Artikel ini akan membahas mengenai  politik hukum pengelolaan sumber daya air di Indonesia dari perspektif hukum lingkungan. Metode penelitian yang digunakan pada penelitian ini adalah meode penelitian yuridis normatif . Hasil penelitian menjelaskan bahwa politik hukum pengelolaan sumber daya air di Indonesia menempatkan Negara sebagai penguasa sumber daya air. Dalam pemanfaatannya, sumber daya air ini digunakan sebesar-besarnya untuk kemakmuran rakyat. Pada prakteknya negara membagi kewenangan pengelolaannya kepada pihak swasta, sehingga menyebabkan privatisasi air. Kondisi ini memperlihatkan pandangan antroposentris masih mendominasi pengaturan sumber daya air. Pandangan ini  bertentangan dengan cara pandang ekosentris yang dianut hukum lingkungan, dimana air dipandang sebagai entitas yang memiliki nilai tertentu, sehingga dalam memanfaatkannya tidak boleh mengurangi nilai air itu sendiri. 

scholarly journals Water Resources Management in Vulnerable Ecosystems: Quiroz River Basin, Piura

2020 ◽  
Vol 9 (4) ◽  
pp. 33
Author(s):  
Marta Tostes ◽  
Mirian Espejo ◽  
Enrique Macedo ◽  
Fidel Torres
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Ecosystem Services ◽  
Water Resources ◽  
Water Resources Management ◽  
Social Innovation ◽  
Resources Management ◽  
Secondary Sources ◽  
Sustainable Water Resources Management ◽  
Development Approach

According to the IPCC (2014), access to water resources is increasingly limited due to the effects of climate change; in consequence, vulnerability of ecosystems and their inhabitants increases. Thus, it is necessary to develop socio-organizational capacities to mitigate and adapt to this scenario, where retribution mechanisms for ecosystem services (MRSE for its Spanish acronym) become more relevant. The research attempts to analyze the coordination among agents involved in sustainable water resources management, to face climate change vulnerability in high biodiversity areas. For this purpose, the implementation of the Quiroz-Chira water fund will be studied as a case that generates institutionalism for sustainability of this mechanism and that represents an important social innovation that can be replicated. The methodology has a descriptive scope and applies qualitative techniques that complement secondary sources systematized with WebQDA software. Results indicate high vulnerability of the analyzed basin districts and a correct governance in this innovation, both with a sustainable development approach oriented to conservation of water potential. This implies good articulation for implementation of the MRSE and promotion of interests’ unification between contributors and water resources retributive entities. Keywords: Climate change, Sustainable development, Watershed, Governance, Ecosystem services

scholarly journals Integrated Water Resources Management as a System Approach for Water Security: Evidence from the Awash River Basin of Ethiopia

1970 ◽  
Vol 14 (1) ◽  
pp. 53-82
Author(s):  
Reta Hailu ◽  
Degefa Tolossa ◽  
Getnet Alemu
Keyword(s):  
Water Resources ◽  
Water Resources Management ◽  
System Approach ◽  
Water Security ◽  
Integrated Water Resources Management ◽  
System Thinking ◽  
Equity Issues ◽  
Resources Management ◽  
Secondary Sources ◽  
Development And Management

Integrated Water Resources Management (IWRM) is one of the systems thinking approaches that emerged in the 1990s to achieve water security. Ever since, it has been applied in various countries and contexts. However, the implementation of the IWRM is contested. There is paucity of literature and guidelines as to how the concept can be operationalized. In Ethiopia, there is no evidence that IWRM is successfully instituted. The study generated data from household and expert surveys, in-depth interviews, focused group discussions, observations, workshops, and secondary sources. We found that pragmatic water resources management through system approach helps to resolve the problem of fragmentations among various actors, sectors, interest, and priorities. It also enables the operationalization of IWRM as a system approach to secure water resources through strengthening of the interactions of various systems, subsystems, and the elements within the entire basin system. In addition, it is important to facilitate institutional environments such as overcoming financial constraints, considering the scarcity value of water resources and equity issues, as well as ensuring progressiveness of water institutions to emerging circumstances. To this end, strengthening water resources information systems, recognizing and balancing water as economic and public goods, creating awareness among key stakeholders, encouraging the engagement of private sectors in water resources development and management should be considered as mediums of realizing IWRM.Keywords:  IWRM; system thinking; water security; Awash basin; Ethiopia

ECOLOGY AND SUSTAINABLE DEVELOPMENT IN LOCAL BUSINESS:SIMULATION OF LOW IMPACT DEVELOPMENT IN SURAKARTA REGENCY

2018 ◽  
Vol 4 (1) ◽  
pp. 32-38
Author(s):  
Bhimo Rizky Samudro ◽  
Yogi Pasca Pratama
Keyword(s):  
Water Resources ◽  
Water Resources Management ◽  
River Flow ◽  
Low Impact Development ◽  
Development Model ◽  
Business Activity ◽  
Resources Management ◽  
Central Java ◽  
Specific Culture ◽  
Central Java Province

This paper will describe the function of water resources to support business activities in Surakarta regency, Central Java province. Surakarta is a business city in Central Java province with small business enterprises and specific culture. This city has a famous river with the name is Bengawan Solo. Bengawan Solo is a River Flow Regional (RFR) to support business activities in Surakarta regency. Concious with the function, societies and local government in Surakarta must to manage the sustainability of River Flow Regional (RFR) Bengawan Solo. It is important to manage the sustainability of business activity in Surakarta regency.   According to the condition in Surakarta regency, this paper will explain how the simulation of Low Impact Development Model in Surakarta regency. Low Impact Development is a model that can manage and evaluate sustainability of water resources in River Flow Regional (RFR). Low Impact Development can analys goals, structures, and process water resources management. The system can also evaluate results and impacts of water resources management. From this study, we hope that Low Impact Development can manage water resources in River Flow Regional (RFR) Bengawan Solo.  

Sign in / Sign up

Export Citation Format

Share Document