ANALYSIS OF PARADOXAL DIAMETRAL WATER PRIVATIZATION AND WATER WITH SOCIAL FUNCTION IN WATER MANAGEMENT RESOURCES OF INDONESIA

• Main Author: NIM: 24015305, KHAMDANAH
• Format: Theses
• Language: Indonesia
• Online Access: https://digilib.itb.ac.id/gdl/view/22817
• Institution: Institut Teknologi Bandung

Water is a basic human need, no one can live without water and can not be substituted. As the basic requirement of water is a requirement of a decent standard of living for the health of every human being. Population growth has an effect on water availability which tend to decrease. There is the view that water is a public good while the other side declares water as private (economic). In addition, the right to water implies that everyone has access to water without discrimination. The role of the state is necessary to organize and manage the water resources. <br /> <br /> <br /> <br /> <br /> <br /> <br /> The study aimed to perform paradoxical diametral analysis of water as an economic or public goods good, analysis of water rights fulfillment arrangements and analysis of water privatization arrangements. The study used a qualitative approach with analysis from the perspective of the arrangement (Law), using data collection techniques done by way of documentation techniques and interviews with informants. Data analysis techniques used descriptive analysis techniques, correlation matrix and DPSIR. <br /> <br /> <br /> <br /> <br /> <br /> <br /> The results of the research show that Law No. 7 of 2004 on Water Resources has given water rights to private parties to participate in the management of water resources so that water understanding of social function and economic function and the occurrence of water privatization can harm society. Based on this consideration, the Constitutional Court then canceled the enforcement of Law Number 7 Year 2004 and re-enacted Law Number 11 Year 1974 on Irrigation. Law No. 11 of 1974 still does not regulate the fulfillment of water rights and limits on water exploitation. Through water concession, the private element is still possible to conduct water concession and provide clean water supply. <br /> <br /> <br /> <br /> <br /> <br /> <br /> Alternative models of solutions offered are the drafting of Water Resources Law and the improvement of public service of water supply as the fulfillment of the right to water by the state. This solution model is implemented through the first and second scenarios as an alternative, drafting new water resources law and improving PDAM services as a clean water provider through private involvement for the fulfillment of water rights as the first scenario and Providing the private sector with access to water supply general. <br /> <br /> <br /> <br /> <br /> <br /> <br /> Keywords : Water Resources Law, Water Privatization, Rights to Water <br />