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 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 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.

Water Resources Management

2014 ◽  
pp. 180-200 ◽  
Author(s):  
Sabyasachi Nayak
Keyword(s):  
Water Management ◽  
Pilot Study ◽  
Water Resources ◽  
Water Resources Management ◽  
Social Economic ◽  
The State ◽  
Resources Management ◽  
Partnership Approach ◽  
The Impact ◽  
Insight Into

This chapter explores grassroots interventions by forging partnerships with stakeholders in improving the management of water resources at the community level. In order to gain insight into the nuances of managing water resources in partnership, a pilot study was instituted in the State of Rajasthan, India. The efficacy of the partnership approach in ensuring equitable water management is demonstrated. The analysis is supported by data collected through the administration of a questionnaire for five different stakeholders. The impact of the intervention reiterates the positive social, economic, and environmental outcomes in a more sustainable manner.

Water Resources Management

2016 ◽  
pp. 15-31
Author(s):  
Sabyasachi Nayak
Keyword(s):  
Water Management ◽  
Pilot Study ◽  
Water Resources ◽  
Water Resources Management ◽  
Social Economic ◽  
The State ◽  
Resources Management ◽  
Partnership Approach ◽  
The Impact ◽  
Insight Into

This chapter explores grassroots interventions by forging partnerships with stakeholders in improving the management of water resources at the community level. In order to gain insight into the nuances of managing water resources in partnership, a pilot study was instituted in the State of Rajasthan, India. The efficacy of the partnership approach in ensuring equitable water management is demonstrated. The analysis is supported by data collected through the administration of a questionnaire for five different stakeholders. The impact of the intervention reiterates the positive social, economic, and environmental outcomes in a more sustainable manner.

scholarly journals Penegasan Peran Negara dalam Pemenuhan Hak Warga Negara Atas Air

2016 ◽  
Vol 12 (2) ◽  
pp. 353
Author(s):  
Helmi Kasim
Keyword(s):  
Water Management ◽  
Human Rights ◽  
Water Resources ◽  
The State ◽  
Constitutional Court ◽  
State Control ◽  
Access To Water ◽  
The Government ◽  
Private Corporations ◽  
The Right

This writing analyses access to water not merely as a right but as human  rights. Since the right to water constitues human rights, then constitutionally, the state, mainly the government, is obliged to respect, fulfil and protect that right. In order that the government can perform its obligation to fulfil the right of citizens   to water, the sate should put control of water under the power of the state. Thus, there are two perspectives in fulfilling the rights of citizens to water, human rights perspective and the perspective of state control. From the perspective of human rights, the 1945 Constitution has stipulated the obligation of the state in fulfilling the human rights of citizens including the right to water as stated in Article 28I paragrahp (4). From the perspective of state control over water resources, the 1945 Constitution has also determined constitutional standard as stipulated in Article 33. This concept of state control based on Article 33 has been interpreted by the Constitutional Court in its decisions. Specifically, in the decision concerning the law on water resources, the Court returned control over water to the state. The Court  set some limitations on how to utilize water resources. Private corporations are still allowed to participate in water management with strict conditions. The enhancement of this control by the state over water is intended to guarantee the fulfilment of the right of citizens to water. As an idea, monopoly of the state over water resources might be also be considered just like monopoly of state over electricity.

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 AVALIAÇÕES DE RISCO EM BARRAGENS: ESTUDO DE CASO DA BARRAGEM MALCOZINHADO NO NORDESTE BRASILEIRO

2017 ◽  
Vol 14 (1) ◽  
Author(s):  
Mariana Campos Fontenelle ◽  
Alexandre de Sousa Fontenelle ◽  
Yago Machado Pereira de Matos ◽  
Fernando Feitosa Monteiro
Keyword(s):  
Risk Assessment ◽  
Water Resources ◽  
Water Resources Management ◽  
The State ◽  
Management Company ◽  
Resources Management ◽  
Hazard And Risk ◽  
Hazard Level ◽  
Brazilian Northeast

RESUMO: O presente trabalho tem a proposta de avaliar a eficácia de duas metodologias de avaliação de risco de uma barragem no Nordeste Brasileiro no intervalo de 10 anos, baseando-se na inspeção e no nível de ameaça. Utiliza-se a metodologia Nível de Perigo da Barragem (NPB) para cálculo do nível de ameaça (Fontenelle, 2007) e para o cálculo do risco as metodologias da Companhia de Gestão dos Recursos Hídricos do Ceará (COGERH) e do Conselho Nacional de Recursos Hídricos (CNRH). Observa-se que o crescente número de barragens soma-se a preocupação com a segurança destas. Face a isto, utiliza-se a avaliação de risco como forma de priorizar ações de manutenção e recuperação. O estudo de caso ocorreu na Barragem Malcozinhado, localizada no município de Cascavel, no estado do Ceará. Com base na inspeção, calcula-se o nível de ameaça e o risco, compara-se estes com os resultados de 2006. Assim, observou-se o aumento no nível de ameaça, no entanto, o risco permaneceu, em geral, baixo, semelhante aos resultados de 2006. Este resultado se deve ao fato de que o número de anomalias aumentou, porém trata-se de uma barragem jovem, de pequeno porte e inspecionada regularmente.ABSTRACT: The present study has the proposal of evaluating the effectiveness of two methodologies of risk Assessment of a Brazilian Northeast dam in a range of 10 years, based on the inspection and the level of hazard. The methodology used for calculating the hazard level is the Dam Hazard Level (NPB). In addiction, in order to evaluate the risk is used the methodology of the Water Resources Management Company of Ceará (COGERH) and the methodology of National Resources Council Water (CNRH). The number of dams is increasing with to the concern for their safety. In view of this, risk assessment is used as a tool to prioritizing maintenance and recovery actions. The case study occurred in the Malcozinhado Dam, located in the municipality of Cascavel, in the state of Ceará. Based on the inspection, the level of hazard and risk is calculated, compared to the results for 2006. Thus, the increase in the level of hazard was observed, but the risk remained generally low, similar to 2006 result. This result is due to the fact that the number of anomalies has increased, but it is a young, small and regularly inspected dam.

scholarly journals Regional and Industry-Specific Approach to the Formation of the Water Management Complex Development Strategy

2021 ◽  
pp. 38-50
Author(s):  
Olga Chernova
Keyword(s):  
Water Management ◽  
Water Resources ◽  
Development Strategy ◽  
Water Resources Management ◽  
Structural Changes ◽  
Strategic Development ◽  
The Sustainable Development ◽  
Resources Management ◽  
Complex Development ◽  
Water Management Complex

The level of the water management complex development affects the state of the resource potential of the region and its structural and sectoral features. The purpose of this article is to reveal the relations and interdependence of the processes of strategic development of the water management complex and regional economy; to form recommendations that contribute to the development of these relations. The problem of forming a strategy for the water management complex development is considered within the framework of the sustainable development concept, which takes socio-economic and environmental aspects into account. As a result of the study the influence of the water management complex on the socio-economic potential of the southern Russian regions was analyzed. Scenario variants of the water management complex development in the regions are identified, their typology is carried out. The necessity of forming a mechanism of interdepartmental coordination to improve the efficiency of the management system for the strategic development of the water management complex is justified. Conclusions are drawn about the need to supplement the basin approach to water resources management with a regional-sectoral approach. This will make it possible to link the development strategy of the water management complex with the sectoral structural changes in the region. The results of the study can be used by regional authorities and water resources management to solve the problems of increasing the sustainability of water and regional ecosystems.

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