06118

7/28/2019 06118

1/31

LEADLaw

Environment andDevelopment

Journal

INDONESIA - LAW ON WATER RESOURCES, 2004

VOLUME

2/1

7/28/2019 06118

2/31

LEAD Journal (Law, Environment and Development Journal)is a peer-reviewed academic publication based in New Delhi and London and jointly managed by the

School of Law, School of Oriental and African Studies (SOAS) - University of Londonand the International Environmental Law Research Centre (IELRC).

LEAD is published at www.lead-journal.orgISSN 1746-5893

The Managing Editor, LEAD Journal, c/o International Environmental Law Research Centre (IELRC), International EnvironmentHouse II, 1F, 7 Chemin de Balexert, 1219 Chtelaine-Geneva, Switzerland, Tel/fax: + 41 (0)22 79 72 623, [email protected]

7/28/2019 06118

3/31

This document can be cited asLaw on Water Resources - Indonesia,

2/1 Law, Environment and Development Journal (2006), p.118,available at http://www.lead-journal.org/content/06118.pdf

INDONESIA - LAW ON WATER RESOURCES, 2004

Published under a Creative Commons Attribution-NonCommercial-NoDerivs 2.0 License

7/28/2019 06118

4/31

TABLE OF CONTENTS

1 General Provisions 120

2 Authorities and Responsibilities 123

3 Conservation of Water Resources 125

4 Exploitation of the Water Resources 127

5 Management of the Destructive Force of Water 133

6 Planning 134

7 Implementation of the Construction,

Operation and Maintenance 135

8 Water Resources Information System 136

9 Government Supervision 137

10 Financing 138

11 Rights, Obligations, and Roles of the Community 140

12 Coordination 141

13 Settlement of Dispute 141

14 Law Suits from the Community and Organization 142

15 Investigation 142

16 Criminal Provisions 143

17 Transitory Provisions 144

18 Closing Provisions 144

7/28/2019 06118

5/31

LAW OF THE REPUBLIC OF INDONESIANUMBER 7 OF 2004

CONCERNING WATER RESOURCESWITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF

INDONESIA

Considering:

a. whereas water resource is a gift from theAlmighty God that provides benefit for thewelfare of the entire people of Indonesia in allsectors;

b. whereas in order to respond to the imbalancebetween the availability of water that tends tocontinue to decrease and the need for water thatcontinues to increase, water resources must bemanaged by observing the harmony between thesocial, environmental and economic functions;

c. whereas it is important to provide guidance forwater resources management to achieve synergy

and a harmonious integration among the regions,among the sectors, and among the generations;

d. whereas in accordance with the spirit ofdemocratization, decentralization, andtransparency within the social, civic, andgovernance system, it is important that thecommunity be given a role in the managementof water resources;

e. whereas Law Number 11 of 1974 concerningIrrigation no longer conforms to the growingneeds, and changes in the life of the community,

thus it needs to be replaced with a new law;

f. whereas based on the consideration as referredto under points a, b, c, d, and e, it is necessary toestablish a law concerning water resources;

Bearing in mind :Article 5 paragraph (1), Article18, Article 18A, Article 20 paragraph (2), Article22 point D paragraph (1), paragraph (2),paragraph (3), Article 33 paragraph (3) andparagraph (5) of the 1945 Constitution of theRepublic of Indonesia;

With the Joint Approval of

THE HOUSE OF REPRESENTATIVES OF THEREPUBLIC OF INDONESIA AND

THE PRESIDENT REPUBLIC OFINDONESIA

DECIDED:

To promulgate : LAW ON WATERRESOURCES.

CHAPTER I: GENERAL PROVISIONS

Article 1

Reference to the following under this law shall mean:

1. Water resources shall mean water, watersource, and water force contained in it.

2. Water shall mean all water present in, above,or under the grounds surface, this definitioncomprises surface water, ground water, rainwater, and sea water that exist on land.

3. Surface Water shall mean all water that exists onthe ground surface.

4. Ground Water shall mean water that exists inthe ground surface or the rocks under thegrounds surface.

5. Water Source shall mean the natural and/orartificial place or container for water that existsat, above, or under the ground surface.

6. Water Force shall mean the potential contained

in water and/or in the water source that is ableto provide benefits or generate losses for the lifeand livelihood of human as well as theirenvironment.

7. Water Resources Management shall mean theeffort of planning, implementation, observation,and evaluation in regard to the conservation ofwater resources, exploitation of the waterresources, and the control of the destructiveforce of water.

8. Water Resources Management Scheme shallmean the basis framework in planning,implementing, observing, and evaluating the

Law on Water Resources - Indonesia

120

7/28/2019 06118

6/31

conservation of water resources, exploitationof the water resources, and the control of thedestructive force of water.

9. Water Resources Management Plan shallmean the result of a comprehensive andintegrated planning that is necessary tomanage the water resources.

10. River Area shall mean the integrated water

resources management area in one or more riverflow areas and/or small islands having an acreagethat is less or the same as 2.000 km2.

11. River Flow Area shall mean a land area thatconstitutes an integral part of the river and theriver branches, which serve a function toaccommodate, store, and flow water thatoriginated from the rainfall into the lake or thesea in a natural manner, of which on landboundary serves as a topographic divider andthe sea boundary up to the water area is stillaffected by the on land activities.

12. Ground Water Curvature shall mean an area thatis constrained by hydrogeological borders, wherethe entire hydrogeological event such as thesupplemental, flow, and discharge process of theground water takes place.

13. Water usage right shall mean the right to obtainand use or exploit water for various needs.

14. Water utilization right shall mean the right toobtain and use water.

15. Water exploitation right shall mean the right to

obtain and exploit water.

16. Regional government shall mean the head of theregion along with other instruments of theautonomous region as the regional executivebody.

17. Central Government, hereinafter referred to asthe Government, shall mean the instrument ofthe Republic of Indonesia consisting of thePresident and the ministers.

18. Water resources conservation shall mean the

effort to maintain the existence as well as the

sustainability of the circumstance, nature, andfunction of the water resources so as it willcontinue to be available in a sufficientquantity and quality to meet the needs ofliving beings, either at the present time or inthe future.

19. Utilization of water resources shall mean theeffort to regulate order, provide, utilize, develop,and exploitation of water resources in an

optimum manner so as it can function effectivelyand efficiently.

20. Control the destructive force of water shall meanthe effort to prevent, overcome, and restore thedamage to the environmental quality due to thedestructive force of water.

21. Destructive force of water shall mean the waterforce that may have a detrimental impact on life.

22. Planning shall mean an activity process todetermine the action to be taken in a coordinatedand directed manner within the framework ofachieving the objectives of the water resourcesmanagement.

23. Operation shall mean the regulation, allocationas well as the provision of water and watersource to optimize the utilization of the waterresources infrastructure.

24. Maintenance shall mean the maintenance of thewater source and water resources infrastructureaimed to guarantee the preservation of thefunction of the water source and water resourcesinfrastructure.

25. Water resources infrastructure shall mean thewater construction and other constructions thatsupport the management of water resourcesmanagement, either directly or indirectly.

26. Manager of water resources shall mean theinstitution authorized to manage the waterresources.

Article 2

Water resources shall be managed based on the

principle of conservation, balance, public benefit,

Law, Environment and Development Journal

121

7/28/2019 06118

7/31

integrity and harmony, justice, independence, as wellas transparency and accountability.

Article 3

Water resources shall be managed in acomprehensive, integrated, and environmentallyfriendly manner with the aim to realize the benefitsof water resources in a sustainable manner for thegreater welfare of the people.

Article 4

Water resources shall serve a social, environmental,and economic function that will be implemented andrealized in a harmonious manner.

Article 5

The State guarantees everyones right to obtain waterfor their minimum daily basic needs in order to achievea healthy, clean, and productive life.

Article 6

(1) Water resources shall be controlled by the stateand used for the greater welfare of the people.

(2) The management of water resources as referredto in paragraph (1) shall be carried out by theGovernment and/or regional government bycontinuing to recognize the traditional right ofthe local traditional law community and anysimilar rights, to the extent that it does notcontradict the national interest as well as the lawsand regulations.

(3) Traditional right of the traditional lawcommunity over water resources as referred toin paragraph (2) shall continue to be recognizedto the extent that it still exists and has beenaffirmed with the local regional regulations.

(4) The water utilization right shall be determinedbased on the states authorities as referred to inparagraph (1).

Article 7

(1) Water utilization right as referred to in Article6 paragraph (4) shall take the form of water

utilization right and water exploitation right.

(2) Water utilization right as referred to inparagraph (1) may not be leased or assigned,partially or entirely.

Article 8

(1) Water utilization right may be obtainedwithout any permit in order to fulfill thedaily basic needs for individuals and forsmallholder estate crops within the irrigation

system.

(2) Water utilization right as referred to inparagraph (1)shall require permit in the eventthat:

a. the method of utilization is carried outby changing the natural condition of thewater source;

b. is aimed for the interests of a group thatrequires a significant amount of water; or

c. is used for smallholder estate crops

outside of the existing irrigation system.

(3) Permit as referred to in paragraph (2) shall begranted by the Government or regionalgovernment in accordance to their authorities.

(4) Water utilization right as referred to in paragraph(1) shall comprise the right to flow water fromor to their land through another persons landthat lies adjacent to their land.

Article 9

(1) Water exploitation right may be given toindividuals or enterprises pursuant to the permitfrom the Government or regional governmentin accordance to their authorities.

(2) Holder of the water exploitation right may flowwater above another persons and based on theapproval from the holder of rights over therelevant land.

(3) The approval as referred to in paragraph (2)may take the form of indemnity orcompensation agreement.


122

7/28/2019 06118

8/31

Article 10

Provisions concerning the right to use water asreferred to in Article 7, Article 8, and Article 9 shallbe further regulated under a government regulation.

Article 11

(1) To guarantee a water resources managementthat is able to provide benefits for the greater

interest of the community in all sectors oflife, a water resources management schemeshall be prepared.

(2) The water resources management scheme asreferred to in paragraph (1) shall be preparedbased on the river area under the principle ofintegrity between the surface water and groundwater.

(3) The preparation of the water resourcesmanagement scheme as referred to in paragraph(2) shall be carried out by involving theparticipation of the community and the businesscircle as much as possible.

(4) Water resources management scheme shall bebased on the principle of balance between theeffort to conserve and exploit the water resources.

(5) Provisions concerning the water resourcesmanagement scheme as referred to in paragraph(1) shall be further regulated under a governmentregulation.

Article 12

(1) The management of surface water shall be basedon the river area.

(2) The management of ground water shall be basedon the ground water curvature.

(3) Provisions concerning the management ofsurface water and the management of groundwater as referred to in paragraph (1) andparagraph (2) shall be further regulated undera government regulation.

CHAPTER II: AUTHORITIES AND

RESPONSIBILITIES

Article 13

(1) The ri ve r a re a and the ground watercurvature as referred to in Article 12paragraph (1) and paragraph (2) shall bestipulated under a Presidential Decree.

(2) The president shall determine the river areaand the ground water curvature as referredto in paragraph (1) by observing theconsiderations of the National Council ofWater Resources.

(3) The stipulation of the river area as referredto in paragraph (1) shall comprise the riverarea in one regency/municipality, transregency/municipality river area, transprovincial river area, trans national river area,and nationally strategic river area.

(4) The st ipulat ion of the ground watercurvature as referred to in paragraph (1)comprises the ground water curvature in oneregency/municipality, trans regency/municipality ground water curvature, transprovincial ground water curvature, and transnational ground water curvature.

(5) Provisions concerning the criteria andprocedure to determine the river areaand theground water curvature shall be furtherregulated under a government regulation.

Article 14

The authorities and responsibilities of theGovernment shall comprise of:

a. determining the national policy on waterresources;

b. determining water resources managementscheme at the provincial river area, trans nationalriver area, and nationally strategic river area;

c. stipulating the water resources managementplan in the trans provincial river area, trans


123

7/28/2019 06118

9/31

national river area, and nationally strategicriver area;

d. stipulating and managing the water sourceconservation area at the trans provincial riverarea, trans national river area, and nationallystrategic river area;

e. managing the water resources in the transprovincial river area, trans national river area, and

nationally strategic river area;

f. regulating, stipulating, and granting permitfor the provision, designation, utilization,and exploitation of the water resources in thetrans provincial river area, trans nationalriver area, and nationally strategic river area;

g. r egul at ing, s tipu la ting , and prov id ingtechnical recommendation for the provision,designation, utilization and exploitation ofground water in the trans provincial groundwater curvature and trans national groundwater curvature;

h. to establish a National Council of WaterResources, water resources council for the transprovincial river area, and the water resourcescouncil for the nationally strategic river area;

i. to facilitate the settlement of trans provincialdisputes in the management of water resources;

j. stipulating the norm, standard, criteria, andguidance in regard to managing the waterresources;

k. to maintain the effectiveness, efficiency, quality,and order in the management of water resourcesat the trans provincial river area, trans nationalriver area, and nationally strategic river area; and

l. t o p ro vi de te ch ni ca l as si st an ce in th emanagement of water resources to the provincialgovernment and the regencies/municipalgovernment.

Article 15

The authorities and the responsibilities of the

provincial government shall comprise of:

a. stipulating policies in managing the waterresources in its area based on the national policieson water resources by observing the interestsof the surrounding provinces;

b. stipulating the water resources managementscheme for the trans regency/municipality riverarea;

c. stipulating the water resources management

plan for the trans regency/municipality riverarea by observing the interests of thesurrounding provinces;

d. stipulating and managing the water sourceconservation area at the trans regency/municipality river area;

e. managing the water resources in the transregency/municipality river area by observing theinterests of the surrounding provinces;

f. regulating, stipulating, and to grant permits forthe provision, designation, utilization andexploitation of water resources in the transregency/municipality river area;

g. regulating, stipulating, and providing technicalrecommendation for the provision, acquisition,designation, utilization and exploitation of theground water in the trans regency/municipalityground water curvature;

h. to establish a water resources council for orunder another name at the provincial level and/or in the trans regency/municipality river area;

i. to facilitate the settlement of trans regency/municipality disputes in managing the waterresources;

j. to assist the regency/municipality within its areain fulfilling the basic needs of the communityfor water;

k. to maintain the effectiveness, efficiency, quality,and order in managing the water resources inthe trans regency/municipality river area; and

l. to provide technical assistance in managing

the water resources to the regencies/municipal government.


124

7/28/2019 06118

10/31

Article 16

The authorities and responsibilities of the regencies/municipal government shall comprise of:

a. stipulating the policies in managing the waterresources in its area pursuant to the nationalpolicy on water resources and the policy inmanaging the provincial water resources byobserving the interests of the surroundingregencies/municipalities;

b. stipulating the water resources managementscheme in the river area in a regency/municipality;

c. stipulating the water resources managementplan in a river area within one regency/municipality by observing the interests of thesurrounding regencies/municipalities;

d. stipulating and managing the water sourceconservation area in the river areawithin oneregency/municipality;

e. managing the water resources in the river area

within one regency/municipality byobserving the interests of the surroundingregencies/municipalities;

f. regulating, stipulating, and to grant permitsfor the provision, designation, utilization andexploitation of ground water in its area aswell as the water resources in the river areawithin one regency/municipality;

g. to establish the water resources council foror under another name at the regency/municipality level and/or in the river areawithin one regency/municipality;

h. to fulfill the minimum daily basic need forwater of the community in its area; and

i. to maintain effectiveness, efficiency, quality,and order in managing the water resourcesin the river area within one regency/municipality.

Article 17

The authorities and responsibilities of thegovernment of villages or as referred to underanother name shall comprise of:

a. the management of water resources in thevillage areas that have not been carried out

by its community and/or government byconsidering the principle of public benefit;

b. to maintain effectiveness, efficiency, quality,and order in managing the water resourcesorder in managing the water resources underits responsibility;

c. to fulfill minimum daily basic need of thevillage residents for water in accordance to

the existing availability of water; and

d. to observe the interests of other villages inmanaging the water resources in its area.

Article 18

Part of the authorities of the Government in managingthe water resources as referred to in Article 14 may becarried out by the regional government in accordanceto the laws and regulations.

Article 19

(1) In the event the regional government has notbeen able to implement part of their authoritiesas referred to in Article 15 and Article 16, theregional government may delegate the saidauthorities to the government level above it inaccordance to the laws and regulations.

(2) The implementation of part of the authoritiesof the regional government to manage the waterresources as referred to in Article 15 and Article16 must be acquired by the government levelabove it in the event:

a. the regional government is unable toimplement part of the authorities tomanage the water resources so as toendanger the public interest; and/or

b. in the event of a trans provincial or transregency/municipality dispute.

CHAPTER III: CONSERVATION OF

WATER RESOURCES

Article 20

(1) The conservation of water resources is aimedto maintain the sustainability of the water


125

7/28/2019 06118

11/31

resources ability to provide support, abilityto accommodate, and function.

(2) The conservation of water resources asreferred to in paragraph (1) shall be carriedout by means of the protection andconservation of the water source,preservation of water, as well as themanagement of the waters quality andcontrolling water pollution by using the

water resources management schemestipulated for each river area as a point ofreference.

(3) Provisions concerning the conservation ofwater resources as referred to in paragraph(2) shall become one of the points of referencein preparing the spatial planning.

Article 21

(1) The protection and preservation of the watersource is aimed to protect and preserve the watersource as well as the surrounding environmentthereof against any damage or disturbancecaused by the forces of nature, including droughtand human acts.

(2) The protection and preservation of water sourceas referred to in paragraph (1) shall be carriedout by means of:

a. maintaining the sustainability of the function ofthe water absorption and water catchments areas;

b. controlling the utilization of the water source;

c. water filling at the water source;

d. regulating the pre facilities and sanitationfacilities;

e. protection of the water source in relation to thedevelopment activities and the utilization of landat the water source;

f. controlling the cultivation of land at theupstream area;

g. regulating the water source demarcation area;

h. forest and land rehabilitation; and/or

i. preservation of the conservation forest,wildlife reserve, and natural preservationarea.

(3) Effort to protect and preserve the watersource as referred to in paragraph (2) shall beused as the basis in administrating the land.

(4) The protection and preservation of the watersource shall be carried out by vegetative means

and/or civil engineering by means of social,economical, and cultural approach.

(5) Provisions concerning the protection andpreservation of the water source as referred toin paragraph (2) shall be further regulated undera government regulation.

Article 22

(1) Water preservation is aimed to maintain theexistence and availability of water or waterquantity, in accordance to its function andpurpose.

(2) Water preservation as referred to in paragraph(1) shall be carried out by means of:

a. storing excess water during the rain so asit can be used when it becomes necessary;

b. to conserve water by means of efficientand effective utilization; and/or

c. controlling the usage of ground water.

(3) Provisions concerning water preservation as

referred to in paragraph (2) shall be furtherregulated under a government regulation.

Article 23

(1) The management of water quality and waterpollution control is aimed to maintain and restorethe water quality that enters and exists in thewater sources.

(2) The management of water quality as referredto in paragraph (1) shall be carried out byrepairing the water quality in the watersource and water resources infrastructure.


126

7/28/2019 06118

12/31

(3) Water pollution control as referred to inparagraph (1) shall be carried out by preventingthe entrance of water pollution in the watersource and water resources infrastructure.

(4) Provisions concerning the management of waterquality and water pollution control as referredto in paragraph (1) shall be further regulatedunder a government regulation.

Article 24

Every person or enterprises shall be prohibited fromcarrying out activities that may damage the water sourceand its pre facilities, disturb the effort to preserve water,and/or cause water pollution.

Article 25

(1) The conservation of water resources shall becarried out in the river, lake, reservoir, swamp,ground water curvature, irrigation system, watercatchments area, wildlife reserve area, naturalpreservation area, forest area, and coastal area.

(2) The regulation of the conservation of waterresources within the wildlife reserve area, naturalpreservation area, forest area, and coastal areashall be regulated under the laws and regulations.

(3) Provisions concerning the conservation of waterresourcesas referred to in paragraph (1) shallbe further regulated under a governmentregulation.

CHAPTER IV: EXPLOITATION OF

THE WATER RESOURCES

Article 26

(1) The exploitation of water resources shall becarried out by means of administrating,provision, usage, development, and utilizationof the water resources by using the waterresources management scheme as the pointof reference as stipulated under the river area.

(2) Exploitation of the water resources is aimedto utilize the water resources in a sustainablemanner by prioritizing the fulfillment of the

basic need of the community life in a fairmanner.


(3) Exploitat ion of the water resources asreferred to in paragraph (1) shall be exemptedfor the wildlife reserve area and naturalpreservation area.

(4) Exploitation of the water resources shall becarried out in an integrated and fair manner,either between the sectors, between the regionsor among the community groups by encouragingthe cooperation scheme.

(5) Exploitation of the water resources shall bebased on the conjunction between rain water,surface water, and ground water by prioritizingthe exploitation of surface water.

(6) Everyone shall be obligated to conserve wateras much as possible.

(7) Exploitation of the water resources shall becarried out by prioritizing the social function inorder to achieve justice by observing theprinciple of the beneficial user of water shallpay the water resources management service feeand by involving the role of the community.

Article 27

(1) The administration of the water resources asreferred to in Article 26 paragraph (1) is aimedto stipulate the utilization of the water sourcezone and the water designation in the watersource.

(2) The stipulation on the utilization of the watersource zone as referred to in paragraph (1) shallconstitute as one of the points of reference to

compose or change the regional spatial plan andthe water resources management plan in therelevant river area.

(3) The stipulation on the utilization of the waterresources zone shall be carried out by:

a. a llocat ing the zone to serve theprotective and cultivation functions;

b. to utilize the basis of the study resultand the result of the hydrologicallytechnical measurement;

127

7/28/2019 06118

13/31

c. by observing the water source space thatis constrained by the water sourcedemarcation line;

d. to observe the interests of various typesof utilization;

e. to involve the role of the surroundingcommunity and other concerned parties;and

f. to observe the function of the area.

(4) The provisions and procedure to stipulate thewater source zone shall be further regulatedunder a government regulation.

Article 28

(1) The stipulation on the designation of water inthe water source as referred to in Article 27paragraph (1) in every river area shall be carriedout by observing:

a. water sources ability to provide support;

b. amount and distribution of the populationas well as its growth projection;

c. calculation and projection of the waterresources requirements; and

d. utilization of the existing water.

(2) Government and the regional government havesupervised the implementation of the provisionson the designation of water as referred to in

paragraph (1).(3) Provisions concerning the stipulation on the

designation of water as referred to in paragraph(1)shall be further regulated under a governmentregulation.

Article 29

(1) The provision of water resources as referredto in Article 26 paragraph (1) is aimed tofulfill the need for water and water force aswell as to fulfill various needs in accordanceto quality and quantity.

(2) The provision of water resources in everyriver area shall be carried out in accordanceto the administration of the water resourcesthat have been stipulated to fulfill basic need,environmental sanitation, agriculture, energy,industry, mining, transportation, forestry and biodiversity, sport, recreation and tourism,ecosystem, esthetique, as well as other needsas determined in accordance to the laws andregulations.

(3) The provision of water to fulfill the daily basicneeds and irrigation for the smallholder estatecrops in the existing irrigation system thatbecame places the provision of water resourcesas the main priority over all needs.

(4) The priority sequence for the provision of waterresources other than those referred to inparagraph (3) shall be determined for each riverarea by the Government or the regionalgovernment in accordance to their authorities.

(5) In the event the stipulation of the prioritysequence in regard to the provision of waterresources as referred to in paragraph (4) shallincur losses for the users of water resources,the Government or the regional governmentshall be obligated to stipulate the compensationto the users.

(6) The provision of water resources as referred toin paragraph (2) shall be planned and determinedas part of the water resources management planfor each river area by the Government or theregional government in accordance to theirauthorities.

Article 30

(1) The provision of water resources shall becarried out based on the water resourcesmanagement plan stipulated for each riverarea.

(2) The Government or the regional governmentmay take action to provide the water resourcesto fulfill urgent needs based on theconsideration of the local needs andcondition.


128

7/28/2019 06118

14/31

Article 31

Provisions concerning the provision of waterresources as referred to in Article 29 and Article 30shall be further regulated under a governmentregulation.

Article 32

(1) The utilization of water resources as referred

to in Article 26 paragraph (1) is aimed toutilize the water resources and its pre facilitiesas the media and/or material.

(2) The utilization of water resources shall becarried out in accordance to theadministration and the water resourcesprovision plan that has been stipulated underthe water resources management plan for therelevant river area.

(3) The utilization of water from the watersource to fulfill the daily basic needs, social,and the smallholder estate crops shall be

prohibited from incurring any damage to thewater source and its environment or therelevant public pre facilities.

(4) The utilization of water to fulfill the dailybasic needs that is carried out by means ofthe water resources infrastructure must becarried out based on the approval of therightful parties to the relevant pre facilities.

(5) In the event the util izat ion of water asreferred to in paragraph (3) in actualityincurred damage to the water source, therelevant party is obligated to provide

compensation.

(6) In utilizing the water, everyone or enterprisesshall try to utilize the water by recycling andto reuse the water.

(7) Provisions concerning the utilization ofwater resources as referred to in paragraph(1) shall be further regulated under agovernment regulation.

Article 33

In the event of an emergency, the Government and/

or the regional government shall regulate and

stipulate the utilization of water resources forconservation purposes, construction preparation,and fulfillment of the priority to utilize waterresources.

Article 34

(1) The development of water resources asreferred to in Article 26 paragraph (1) in theriver area is aimed to increase the benefits of

the function of water resources to fulfill rawwater requirements for household,agriculture, industrial, tourism, defense,mining, energy, transportation purposes, andfor various other purposes.

(2) The development of water resources asreferred to in paragraph (1) shall be carriedout without disturbing the environmentalbalance.

(3) The development of water resources asreferred to in paragraph (1) shall be carriedout based on the water resourcesmanagement plan and the regional spatialplanning that has been stipulated byconsidering:

a. the water resources ability to providesupport;

b. the uniqueness and aspiration of the regionas well as the local community;

c. the financing capability; and

d. the conservation of bio diversity in the

water source.

(4) The development of water resources as referredto in paragraph (2) shall be carried out by meansof public consultation, through the survey,investigation, and planning phases, as well asbased on the technical, environmental, andeconomic feasibility.

(5) The potential of the impact that may arisedue to the development of the waterresources as referred to in paragraph (2) mustbe handled comprehensively by involving

various relevant parties in the planning phase.


129

7/28/2019 06118

15/31

Article 35

The development of water resources as referred toin Article 34 paragraph (1) shall comprise of:

a. the surface water in the river, lake, swamp,and other surface water sources;

b. The ground water in the ground watercurvature;

c. rain water; and

d. sea water that exists on land.

Article 36

(1) The development of surface water in theriver, lake, swamp, and other surface watersources as referred to in Article 35 point ashall be carried out by observing thecharacteristic and function of the relevantwater source.

(2) Provisions on the development of river, lake,swamp, and other surface water sources shall befurther regulated under a government regulation.

Article 37

(1) Ground water as referred to in Article 35 pointb shall constitute as one of the water resourcesthat have a limited presence and of whichdamage may generate a vast impact and isdifficult to restore.

(2) The development of ground water in the groundwater curvature shall be carried out in anintegrated manner in the development of thewater resources in the river area by preventingdamages to the ground water.

(3) Provisions concerning the development ofground water shall be further regulated under agovernment regulation.

Article 38

(1) The development of function and the benefitsof rain water as referred to in Article 35 point cshall be carried out by developing the weather

modification technology.

(2) Enterprises and individuals may utilize cloudsby means of the weather modificationtechnology after obtaining a permit from theGovernment.

(3) Provision on the utilization of cloud by meansof the weather modification technology shall befurther regulated under a government regulation.

Article 39

(1) The development of the function and benefitsof the sea water that exists on land as referredto in Article 35 point d shall be carried outby observing the environmental function.

(2) Enterprises and individuals may utilize thesea water that exists on land for businessactivities after obtaining the water resourcesexploitation permit from the Governmentand/or regional government.

(3) Provisions on the utilization of sea water thatexists on land shall be further regulated under agovernment regulation.

Article 40

(1) The fulfillment of the raw water requirement forhousehold drinking water purposes as referredto in Article 34 paragraph (1) shall be carriedout by means of developing the drinking waterprovision system.

(2) The development of the drinking waterprovision system as referred to in paragraph (1)shall become the responsibilities of the

Government and the regional government.

(3) The s tate owned enterpri se s and/orregionally owned enterprises shall carry outthe development of the drinking waterprovision system.

(4) Cooperatives, private enterprises, and thecommunity may participate in the developmentof the drinking water provision system.

(5) Regulat ion on the development o f thedrinking water provision system is aimed to:


130

7/28/2019 06118

16/31

a. establish a quality management ofdrinking water and drinking water serviceat an affordable price;

b. achieve a balanced interest betweenthe consumer and the serviceprovider; and

c. improves the efficiency and scope of

service of drinking water.

(6) The development of the drinking waterprovision system as referred to in paragraph (1),paragraph (2), paragraph (3) and paragraph (4)shall be carried out in an integrated mannerby developing the sanitation pre facilities andfacilities as referred to in Article 21 paragraph(2) point d.

(7) In order to achieve the objectives of thedevelopment of the drinking water provision andsanitation system as referred to in paragraph (5)and paragraph (6), the Government may establish

bodies that exist under and are accountable tothe minister who is responsible for waterresources.

(8) Provisions on the development of the drinkingwater provision system, the state ownedenterprises and/or regionally owned enterprisesthat shall develop the drinking water provisionsystem, participation of the cooperatives, privateenterprises, and the community in developing thedrinking water provision system, and theestablishment of bodies as referred to inparagraph (1), paragraph (3), paragraph (4), and

paragraph (7) shall be further regulated under agovernment regulation.

Article 41

(1) Fulfillment of the raw water requirements foragriculture as referred to in Article 34 paragraph(1) shall be carried out by means of developingthe irrigation system.

(2) Development of the primary and secondaryof the irrigation system shall become theauthorities and responsibilities of theGovernment and regional government under

the condition that:

a. The development of the trans provincialprimary and secondary irrigation systemshall become the authorities andresponsibilities of the Government;

b. The development of the trans regency/municipality primary and secondaryirrigation system shall become theauthorities and responsibilities of theprovincial government;

c. The development of the primary andsecondary irrigation system in oneregency/municipality shall become theauthorities and responsibilities of therelevant regencies/municipal government.

(3) Development of the tertiary irrigation systemshall become the right and responsibilities ofthe water using farmer group.

(4) Development of the irrigation system as referredto in paragraph (2) shall be carried out by meansof involving the community.

(5) Development of the primary and secondaryirrigation system may be carried out by the waterusing farmer association or other parties inaccordance to their need and ability.

(6) Provisions on the development of the irrigationsystem shall be further regulated under agovernment regulation.

Article 42

(1) Development of the water resources for

industrial and mining purposes as referred to inArticle 34 paragraph (1) shall be carried outto fulfill the raw water requirement in theprocessing and/or exploration process .

(2) Provisions on the development of waterresources for industrial and mining purposesshall be further regulated under a governmentregulation.

Article 43

(1) Development of water resources for energy

purposes as referred to in Article 34 paragraph


131

7/28/2019 06118

17/31

(1) may be carried out to fulfill a personalneed and to be further exploited.

(2) Provisions on the development of the waterresources for energy purpose shall be furtherregulated under a government regulation.

Article 44

(1) Development of the water resources for

transportation purposes as referred to in Article34 paragraph (1) may be carried out in the river,lake, reservoir, and other water sources.

(2) Provisions on the development of waterresources as a network of transportation prefacilities shall be further regulated under agovernment regulation.

Article 45

(1) The utilization of water resources shall becarried out by observing the social function andenvironmental conservation.

(2) The utilization of surface water resources thatcomprises one river area may only be carried outby a state owned enterprise or regionally ownedenterprise engaging in the field of waterresources management or cooperation betweenstate owned enterprises with a regionally ownedenterprises.

(3) The utilization of water resources other thanthose referred to in paragraph (2) may be carriedout by individuals, enterprises, or cooperationbetween enterprises pursuant to the exploitation

permit from the Government or regionalgovernment in accordance to theirauthorities.

(4) Utilization as referred to in paragraph (3) maytake the form of:

a. water utilization in a certain location inaccordance to the requirements stipulatedunder a permit;

b. utilization of a water content in a certainlocation in accordance to the requirements

stipulated under a permit; and/or

c. utilization of the water force in a certainlocation in accordance to the requirementsstipulated under a permit.

Article 46

(1) The Government or regional government inaccordance to their authorities, shall regulate andstipulate the allocation of water in the watersource for the utilization of the water resources

by the enterprises or individuals as referred toin Article 45 paragraph (3).

(2) The allocation of water for the utilization ofwater resources as referred to in paragraph (1)must be based on the water allocation planstipulated in the water resources managementplan for the relevant river area.

(3) Water allocation with respect to the utilizationas referred to in paragraph (1) shall be stipulatedunder the water resources exploitation permitfrom the Government or regional government.

(4) In the event the water resources managementplan has not been stipulated, the water resourcesexploitation permit for the said river area shallbe stipulated based on the temporary allocationof water.

Article 47

(1) The Government shall be obligated to supervisethe quality of service for:

a. the state owned enterprises/regionallyowned enterprises managing the water

resources; and

b. other enterprises and individuals whoholds the water resources exploitationpermit.

(2) The Government and/or regionalgovernment shall be obligated to facilitate thecommunity complaints from the enterprisesand individuals as referred to in paragraph(1).

(3) The enterprises and individuals as referred

to in paragraph (1) shall be obligated to


132

7/28/2019 06118

18/31

participate in the conservation of waterresources and to improve the welfare of thesurrounding community.

(4) The water resources utilization plan shall becarried out by means of public consultation.

(5) The utilization of water resources shall becarried out by encouraging the participation ofsmall and medium business enterprises.

Article 48

(1) The utilization of water resources in one riverarea that shall be carried out by means ofconstructing and/or utilizing the distributionchannel may only be used for other riverareas in the event the availability of waterstill exceeds the requirement of the residentsof the relevant river area.

(2) The utilization of water resources as referredto in paragraph (1) shall be based on the waterresources management plan for the relevant riverarea.

Article 49

(1) The utilization of water for other state shall notbe permitted, unless the provision of water forvarious needs as referred to in Article 29paragraph (2) has been met.

(2) The utilization of water for other states asreferred to in paragraph (1) must be based onthe water resources management plan for therelevant river area, and by observing the

interest of the surrounding area.

(3) The water utilization plan for other statesshall be carried out by means of the publicconsultation process by the government inaccordance to their authorities.

(4) The utilization of water for other states asreferred to in paragraph (2) and paragraph (3)must obtain a permit from the Governmentbased on the recommendation from theregional government and in accordance to thelaws and regulations.

Article 50

Provisions on the utilization of water resources shallbe further regulated under a government regulation.

CHAPTER V: MANAGEMENT OF THE

DESTRUCTIVE FORCE OF WATER

Article 51

(1) The control of the waters destructive forceshall be carried out comprehensively andshall comprise preventive, handling, andrestoration efforts.

(2) The control of the destructive force of wateras referred to in paragraph (1) shall beprioritized to the preventive effort by meansof preparing a control plan for the destructiveforce of water that is composed in anintegrated and comprehensive manner inmanaging the water resources scheme.

(3) The control of the destructive force of wateras referred to in paragraph (1) shall be carriedout by involving the community.

(4) To control the destructive force of water asreferred to in paragraph (1) shall become theresponsibilities of the Government, regionalgovernment, as well as the manager of the waterresources for the river area and community.

Article 52

Everyone or enterprises shall be prohibited to carryout activities that may generate the destructive forceof water.

Article 53

(1) Prevention as referred to in Artic le 51paragraph (1) shall be carried out by meansof physical and/or non physical activities orby means of balancing the upstream anddownstream river area.

(2) Preventions referred to in paragraph (1) shallbe prioritized more on the non physical activities.


133

7/28/2019 06118

19/31

(3) The option of activities as referred to inparagraph (1) shall be determined by themanager of the relevant water resources.

(4) Provisions on the prevention of damage anddisasters due to the destructive force of watershall be further regulated under a governmentregulation.

Article 54

(1) The handling of the destructive force of wateras referred to in Article 51 paragraph (1) shallbe carried out by means of mitigation ofdisasters.

(2) Handling as referred to in paragraph (1) shallbe carried out in an integrated manner bythe relevant institution and community bymeans of a disaster handling coordinationagency at the national, provincial, andregency/municipality level.

(3) Provisions on the handling of damages anddisasters due to the destructive force of watershall be further regulated under a governmentregulation.

Article 55

(1) Handling of disasters due to the destructiveforce of water at the national scale shall becomethe responsibilities of the Government.

(2) Disasters due to the destructive force of waterat the national scale shall be stipulated under aPresidential Decree.

Article 56

In the event of a dangerous situation, the governorand/or regent/mayor shall be authorized to takeemergency action to handle the destructive force ofwater as referred to in Article 55 paragraph (1).

Article 57

(1) The restoration of the destructive force ofwater as referred to in Article 51 paragraph(1) shall be carried out by means of restoringthe environmental function and the waterresources infrastructure system.

(2) The restoration as referred to in paragraph(1) shall become the responsibilities of theGovernment, regional government, managerof the water resources, and the community.

(3) Provi sions on the r es to ra tion o f thedestructive force of water as referred to inparagraph (1) shall be further regulated undera government regulation.

Article 58

(1) The control of the destructive force of watershall be carried out in the river, lake, reservoirand/or dam, swamp, ground water curvature,irrigation system, rain water, and sea waterthat exist on land.

(2) Provisions on the control of the destructiveforce of water in the river, lake, reservoir and/or dam, swamp, ground water curvature,irrigation system, rain water, and sea water thatexists on land as referred to in paragraph (1)shall be further regulated under a governmentregulation.

CHAPTER VI: PLANNING

Article 59

(1) Water resources management planning shallbe composed to produce a plan that functionas a point of reference and guidance toconserve the water resources, exploit thewater resources, and control the destructiveforce of water.

(2) Water resources management planning shallbe carried out based on the principle of waterresources management as referred to in Article2.

(3) Water resources management planning shallbe composed in accordance to the waterresources management scheme as referred toin Article 11.

(4) The water resources management plan shallconstitute as one of the elements in preparing,reviewing, and/or completing the regional

spatial planning.


134

7/28/2019 06118

20/31

Article 60

(1) Water resources management planning shallbe prepared in accordance to the procedureand requirements through the stagesstipulated under the nationally applyingplanning standard comprising theinventorying of water resources, composing,and stipulating the water resourcesmanagement plan.

(2) Provi sions on the procedure andrequirements in regard to planning as referredto in paragraph (1) shall be further regulatedunder a government regulation.

Article 61

(1) Inventories of the water resources as referredto in Article 60 paragraph (1) shall be carriedout on each river area throughout Indonesia.

(2) Inventorying as referred to in paragraph (1) shallbe carried out in a coordinated manner on eachriver area by the relevant manager of the waterresources.

(3) Inventorying as referred to in paragraph (2) maybe carried out by another party pursuant to thestipulated terms and procedures.

(4) Managers of the water resources must maintainthe results of the inventorying process andupdate the data in accordance to thedevelopment of the situation.

(5) Provisions on the inventorying of the water

resources shall be further regulated under agovernment regulation.

Article 62

(1) P repa ra tion o f the water r esourc esmanagement plan as referred to in Article 59paragraph (3) on each river area shall becarried out in a coordinated manner by thecompetent authority in accordance to theirscope of duties by involving the stakeholdersin the water resources.

(2) The competent authority in accordance totheir scope of duties shall publicly announce

the draft of the water resources managementplan to the community.

(3) The community shall be entitled to declaretheir objection against the draft of the waterresources management plan that has beenannounced within a certain period inaccordance to the local condition.

(4) The competent authority may review the

draft of the water resources management planbased on the objections of the community asreferred to in paragraph (3).

(5) The draft of the water resources managementplan shall be stipulated by the competentauthority to be used as the water resourcesmanagement plan.

(6) The water resources management plan oneach river area shall be specified into therelevant program to manage the waterresources by the government institutions,private sector, and community.

(7) Provisions on water resources managementplanning shall be further regulated under agovernment regulation.

CHAPTER VII: IMPLEMENTATION OF

THE CONSTRUCTION, OPERATION

AND MAINTENANCE

Article 63

(1) The construction of the water resources

infrastructure shall be carried out based onthe norms, standard, guidance, and manualby utilizing the technology and localresources as well as prioritizing security,work safety, and sustainability of theecological function in accordance to the lawsand regulations.

(2) Everyone or enterprises shall be prohibitedfrom carrying out the construction of waterresources infrastructure that is not based onthe norm, standard, guidance, and manual asreferred to in paragraph (1).


135

7/28/2019 06118

21/31

(3) Everyoneor enterprisesthat are carrying outthe construction work on the water sourcemust obtain a permit from the Governmentor regional government in accordance to itsauthorities.

(4) The construction of pre facilities and facilitiesof the water resources located above anotherpartys land shall be carried out after theprocess of indemnity and/or compensation

out to the rightful parties has been carried inaccordance to the laws and regulations.

(5) Provi sions on permit a s re ferred to inparagraph (3) shall be further regulated undera government regulation.

Article 64

(1) The operation and maintenance of the waterresources consists of the maintenance of thewater source as well as the operation andmaintenance of the water resourcesinfrastructure.

(2) The operation and maintenance as referred to inparagraph (1) comprises the regulation,implementation, monitoring, and evaluation toguarantee the preservation of the function andbenefit of the water resources.

(3) The operation and maintenance of waterresources shall be carried out by theGovernment, regional government, ormanager of water resources in accordance totheir authorities.

(4) The operation and maintenance of waterresources infrastructure constructed by theenterprises, community group, or individualsshall become the duties and responsibilitiesof the constructing parties.

(5) The community shall participate in theoperation and maintenance work as referredto in paragraph (1).

(6) The operation and maintenance of irrigationsystem shall be stipulated as follows:

a. the operation and maintenance of primary and secondary irrigation system

shall become the authorities andresponsibilities of the Government andregional government in accordance totheir authorities,

b. the operation and maintenance of thetertiary irrigation system shall becomethe rights and responsibilities of thewater using farmer community.

(7) Everyone or enterprisesshall be prohibitedfrom carrying out activities that may damagethe water resources infrastructure.

(8) Provisions on the operation and maintenanceof the water resources shall be furtherregulated under a government regulation.

CHAPTER VIII: WATER RESOURCES

INFORMATION SYSTEM

Article 65

(1) To support the water resources management,the Government and regional governmentshall manage the water resources informationsystem in accordance to their authorities.

(2) Water resources information as referred toin paragraph (1) comprises informationconcerning the hydrological, hydrome-teorological, hydrogeological conditions,water resources policies, water resourcesinfrastructure, water resources technology,the environment of the water resources andits surrounding area, as well as the social,

economical and cultural activities of thecommunity relating to the water resources.

Article 66

(1) Water resources information system asreferred to in Article 65 paragraph (1) shallconstitute the water resources informationdistributed and managed by variousinstitutions.

(2) The water resources information network asreferred to in paragraph (1) must be able to beaccessed by various stakeholders in the field of

water resources.


136

7/28/2019 06118

22/31

(3) The Government and regional governmentmay establish the technical implementingunit to carry out the activities of the waterresources information system.

Article 67

(1) The Government and regional governmentas well as the manager of the water resources,in accordance to their authorities, shall

provide water resources information for allof the stakeholders in the field of waterresources.

(2) In order to carry out information providingactivities as referred to in paragraph (1), all ofthe Government institutions, regionalgovernment, legal entity, organization, andagencies as well as individuals engaging in theactivities relating to water resources shall submitreports concerning the result of their activitiesto the Government institution and regionalgovernment that are responsible for the field of

water resources.(3) The Government, regional government,

manager of water resources, legal entity,organization, agencies and individuals as referredto in paragraph (1) and paragraph (2) shall beresponsible to guarantee the accuracy, truth, andtimeliness of the information being submitted.

Article 68

(1) To support the management of water resourcesinformation system, it is necessary to managethehydrological, hydrome-teorological, andhydrogeological river area informationsystem at the national, provincial, andregencies/municipality level.

(2) The policies in regard to the management ofthehydrological, hydrome-teorological, andhydrogeological information systeminformation shall be stipulated by theGovernment based on the recommendationof the National Council of Water Resources.

(3) The management of the hydrological,hydrome-teorological, and hydrogeological

information system as referred to in

paragraph (1) shall be carried out by theGovernment, regional government, andmanager of the water resources in accordanceto their authorities.

(4) The management of the hydrological,hydrome-teorological, and hydrogeologicalinformation system as referred to inparagraph (3) may be carried out by meansof cooperation with other parties.

Article 69

Provisions on water resources information systemas referred to in Article 66, Article 67, and Article68 shall be further regulated under a governmentregulation.

CHAPTER IX: GOVERNMENT

SUPERVISION

Article 70

(1) The Government and regional governmentshall empower the stakeholders and waterresources institutions in a planned andsystematical manner to improve the workperformance of the water resourcesmanagement.

(2) The empowerment a s r ef er red to inparagraph (1) shall be carried out in theactivities of planning, construction,supervision, operation and maintenance ofwater resources by involving the role of thecommunity.

(3) The community group at their own initiativemay carry out empowerment efforts for theirown interest by using the objectives ofempowerment as referred to in paragraph (1)and paragraph (2) as their points of reference.

(4) The empowerment a s r ef er red to inparagraph (1) shall be organized in the formof education and training, research anddevelopment, as well as assistance.

Article 71

(1) The minister responsible for water resourcesand the minister relating to the field of water


137

7/28/2019 06118

23/31

resources shall stipulate the standard of specialeducation in the field of water resources.

(2) The provision of education in the field ofwater resources may be carried out, eitherby the Government, regional government orthe private sector in accordance to the specialeducational standard as referred to inparagraph (1).

Article 72

(1) Research and development of science andtechnology in the field of water resources shallbe carried out to support and improve theworking performance of the water resourcesmanagement.

(2) The minister responsible for science andtechnology, after receiving recommendationsfrom the minister responsible for waterresources and the mister relating to the waterresources, shall stipulate the necessarypolicies and guidance within the frameworkof carrying out research and development forscience and technology as referred to inparagraph (1).

(3) The Government and regional governmentin accordance to their authorities shall carryout research and development of science andtechnology in the field of water resources.

(4) The Government and regional government shallsupport and create a supportive condition toimprove the implementation of research anddevelopment of technology in the field of water

resources by the community, business circle, anduniversities.

Article 73

The Government will facilitate protection over therights of inventors and scientific findings andtechnological innovation in the field of waterresources in accordance to the laws and regulations.

Article 74

(1) Assistance and training in the field of water

resources shall be aimed to empower thestakeholders and institutions at the river area.

(2) The Government and regional government,in accordance to their authorities andresponsibilities to manage the water resources,shall stipulate guidance for the assistance andtraining activities as referred to in paragraph (1).

(3) The Government institutions and regionalgovernment relating to the management of waterresources management must provide supportand cooperation to provide assisting and training

work.

Article 75

(1) To guarantee the achievement of water resourcesmanagement, supervisory activities shall becarried out on all process and results of theimplementation of the water resourcesmanagement on each river area.

(2) The Government and regional government inaccordance to their authorities andresponsibilities shall carry out the supervisorywork as referred to in paragraph (1) by involvingthe role of the community.

(3) The role of the community in the supervisorywork as referred to in paragraph (2) shall becarried out by means of submitting reportsand/or complaints to the competentauthority.

(4) The Government shall stipulate the guidancefor reports and complaints from thecommunity in supervising the managementof water resources.

Article 76

Provisions on empowering and supervising the waterresources management as referred to in Article 70and Article 75 shall be further regulated under agovernment regulation.

CHAPTER X: FINANCING

Article 77

(1) The financ ing o f water re source smanagement shall be stipulated based on the

actual need for water resources management.


138

7/28/2019 06118

24/31

(2) The types of financing for water resourcesmanagement shall comprise of:

a. information system costs;

b. planning costs;

c. construction costs;

d. operational, maintenance costs; and

e. monitoring, evaluation and communityempowerment costs.

(3) Source of fund for every type of financingmay take the form of:

a. government budget;

b. private sector budget; and/or

c. proceeds from the water resourcesmanagement service fees.

Article 78

(1) The financing of water resources managementas referred to in Article 77 paragraph (1) shallbe borne by the Government, regionalgovernment, state owned enterprises/regionally owned enterprises that managesthe water resources, cooperatives, otherenterprises, and individuals, eitherrespectively or in the form of a cooperation.

(2) The financing of water resources managementthat became the responsibilities of theGovernment and regional government asreferred to in paragraph (1) shall be based ontheir respective authorities in managing thewater resources.

(3) The financ ing of the construction andoperation and maintenance of the irrigationsystem shall be regulated as follows:

a. the financing of construction, operationand maintenance of the primary andsecondary irrigation system shallbecome the responsibilities of theGovernment and regional government

in accordance to their authorities; and

may involve the participation of thefarmer community,

b. the financing of the construction of thetertiary irrigation system shall becomethe responsibilities of the farmers, andmay be assisted by the Governmentand/or regional government, except fortap buildings, a 50 m channel from thetap building, and the tertiary box as well

as other supplementary tertiarybuildings shall become theresponsibilities of the Government and/or regional government,

c. the financing of the operation andmaintenance of the tertiary irrigationsystem shall become the responsibilitiesof the farmer, and may be assisted bythe Government and/or regionalgovernment.

(4) In the event of an emergency need to exploit

the water resources in the trans provincialriver area, trans regency/municipality, andnationally strategic, the financing of themanagement thereof shall be jointlystipulated by the Government and therelevant regional government through thecooperation scheme.

Article 79

(1) The financ ing o f water re source smanagement as referred to in Article 77paragraph (1) that is aimed to utilize the waterresources exploited by the cooperatives, state

owned enterprises/regionally ownedenterprises that manages the water resources,other enterprises and individuals shall beborne by them respectively.

(2) With respect to the social, welfare, and publicsafety service, the Government and regionalgovernment within a certain limit mayprovide financial aid for the managementactivities to the state owned enterprises/regionally owned enterprises that manage thewater resources.


139

7/28/2019 06118

25/31

Article 80

(1) The use of water resources to fulfill the dailybasic needs and for smallholder estate crops shallnot be charged with water resourcesmanagement service fee.

(2) The users of water resources other than thosereferred to in paragraph (1) shall bear the waterresources management service fee.

(3) The stipulation of the amount of waterresources management service fee as referredto in paragraph (2) shall be based on a rationaleconomic calculation that can be accounted for.

(4) The stipulation of the unit value of the waterresources management service fee for every typeof water resources utilization shall be based onthe economic capability considerations of theuser group and volume of water resourcesutilization.

(5) The stipulation of the unit value of the waterresources management service fee for the typeof non business utilization shall be exemptedfrom the rational economic calculation asreferred to in paragraph (3).

(6) The manager of water resources shall beentitled to receive the proceeds of fundcollected from the user of the water resourcesmanagement service as referred to inparagraph (2).

(7) The funds collected from the users of waterresources as referred to in paragraph (6) shall

be used to support the implementation of asustainable management of water resourcesin the relevant river area.

Article 81

Provisions on the financing of water resourcesmanagement as referred to in Article 77, Article 78,Article 79, and Article 80 shall be further regulatedunder a government regulation.

CHAPTER XI: RIGHTS, OBLIGATIONS,

AND ROLES OF THE COMMUNITY

Article 82

In managing the water resources, the communityshall be entitled to:

a. to obtain information relating to themanagement of water resources;

b. to obtain a reasonable compensation forthe damages suffered by them due to themanagement of water resources;

c. to obtain benefit from the management ofwater resources;

d. to declare objection against the waterresources management plan that has beendeclared within a certain period inaccordance to the local condition;

e to submit a report and complaint to thecompetent authority with respect to thelosses that they have suffered in relationto the management of water resources;and/or

f. to file a claim to the court of justice inregard to various issues of water resourcesthat is detrimental to their life.

Article 83

In utilizing their water utilization right, thecommunity that holds the water utilization right

shall be obligated to observe the public interest thatis realized through their role in conserving the waterresources as well as the protection and securing thewater resources infrastructure.

Article 84

(1) The community sha ll have an equa lopportunity to play a role in the planning,implementation, and supervisory process onthe water resources management.

(2) Provisions on the role of the community to

manage the water resources as referred to in


140

7/28/2019 06118

26/31

paragraph (1) shall be further regulated undera government regulation.

CHAPTER XII: COORDINATION

Article 85

(1) The water resources management shallcomprise of trans sectoral and trans regionalinterests that requires an integrated act to

maintain the sustainability of the functionand benefits of water and water source.

(2) Water resources management as referred toin paragraph (1) shall be carried out by meansof coordination by integrating the interestsof various sector, area, and the stakeholdersin the field of water resources.

Article 86

(1) The coordination as referred to in Article 85paragraph (2) shall be carried out by acoordinating vehicle called the water resourcescouncil or as referred otherwise.

(2) The coordinating vehicle as referred to inparagraph (1) shall have the main duties toprepare and compose the policies as well asstrategy to manage the water resources.

(3) The coordinating vehicle as referred to inparagraph (1) shall consist of members from thegovernmental and non governmental elementsin an equal number based on the principle ofrepresentation.

(4) The composition of organization and workorder of the coordinating vehicle as referred toin paragraph (1) shall be further regulatedunder a Presidential Decree.

Article 87

(1) Coordination at the national level shall becarried out by the National Council of WaterResources established by the Government,and at the provincial level it shall be carriedout by the coordinating vehicle called thewater resources council for the province or

under another name established by theprovincial government.

(2) With respect to the coordination at theregencies/municipality level a coordinatingvehicle can be established under the name ofthe water resources council for the regency/municipality or under another name by theregencies/municipal government.

(3) The coordinating vehicle at the river area maybe established in accordance to the requirementsfor water resources management in the relevant

river area.

(4) The working relat ionship between thecoordinating vehicles at the national, provincial,regencies/municipality level, and the river areashall be consultative and coordinative by nature.

(5) Guidance pertaining to the establishment of thecoordinating vehicle at the provincial, regencies/municipality level, and the river area shall befurther regulated under a ministerial decreeresponsible for the water resources.

CHAPTER XIII: SETTLEMENT OFDISPUTE

Article 88

(1) Settlement of the dispute pertaining to thewater resources on the first stage shall beendeavored to be carried out based on theprinciple of the deliberation to reach aconsensus.

(2) In the event that no consensus can beachieved from the dispute settlement as

referred to in paragraph (1), the parties mayendeavor to settle the dispute out of court orthrough the court of justice.

(3) The dispute settlement out of court asreferred to in paragraph (2) shall be carriedout by means of arbitration or alternativedispute settlement in accordance to the lawsand regulations.

Article 89

Disputes pertaining to the authorities to manage thewater resources between the Government and the

regional government shall be settled in accordanceto the laws and regulations.


141

7/28/2019 06118

27/31

CHAPTER XIV: LAW SUITS FROM THE

COMMUNITY AND ORGANIZATION

Article 90

Community that has suffered detrimental impactsdue to various issues of water resources managementshall be entitled to file a class action suit to the courtof justice.

Article 91

The government institution responsible for waterresources shall act for the interests of the communityin the event of an indication that the community issuffering impacts due to the water pollution and/orwater source damage that affects the life of thecommunity.

Article 92

(1) Organizations responsible for the field ofwater resources shall be entitled to file a claim

against the person or enterprises that carriedout the activities that damaged the waterresources and/or its pre facilities, for theinterest of sustaining the function of thewater resources.

(2) The claim as referred to in paragraph (1) shallbe constrained to the claim to carry out certainacts relating to the sustainability of the functionof the water resources and/or claims to paythe costs that have actually been expended.

(3) The organization that is entitled to file theclaim as referred to in paragraph (1) mustfulfill the following requirements:

a. takes the form of communityorganization that holds a status as a legalentity and engages in the field of waterresources;

b. states the objective of incorporation ofthe organization in the articles ofassociation for the interest relating to thesustainability of the function of thewater resources; and

c. has carried out the act iv it ie s inaccordance to the articles of association.

CHAPTER XV: INVESTIGATION

Article 93

(1) In addition to the investigators of the PoliceForce of the Republic of Indonesia, civil servantofficials who hold a scope of duty and

responsibility in the field of water resources maybe given special authorities as an investigator asreferred to in the Code of Criminal Procedure.

(2) The civil investigators as referred to in paragraph(1) shall be authorized to:

a. verify a report or information on theoccurrence of a criminal act pertaining tothe water resources;

b. examine a person or enterpri sesuspected to have committed a criminalact pertaining to the water resources;

c. summon a pe rson to prov idetestimonies and examined as a witnessor suspect in the criminal act pertainingto the water resources;

d. to examine the water re sourcesinfrastructure and halt the equipmentssuspected to have been used to commit thecriminal act;

e. to seal and/or confiscate the activitytools used to commit the criminal act

as evidence;

f. to request the assistance of an expertwithin the framework of implementingtheir duties to investigate the criminalact pertaining to the water resources;

g. to prepare and sign the minutes anddeliver it to the investigator with thePolice Force of the Republic ofIndonesia; and/or

h. to cease the investigation in the event

of insufficient evidence or should the


142

7/28/2019 06118

28/31

said event is not deemed to be a criminalact.

(3) The civi l investigator as referred to inparagraph (2) shall notify the commencementof an investigation to the investigator withthe Police Force of the Republic of Indonesia.

(4) The civi l investigator as referred to inparagraph (2) shall submit the results of the

investigation to the public attorney via theinvestigators with the Police Force of theRepublic of Indonesia, in accordance to theCode of Criminal Procedure.

CHAPTER XVI: CRIMINAL PROVISIONS

Article 94

(1) The following criminal act shall be subjectedto a maximum jail sentence of 9 (nine) yearsand a maximum penalty ofRp1.500.000.000,00 (one billion five hundred

million rupiah):

a. Everyone who deliberately committedacts that incurred damages to the watersource and its pre facilities, disturb theeffort to preserve water, and/or causeswater pollution as referred to in Article24; or

b. everyone who deliberately committedacts that may generate the destructiveforce of water as referred to in Article52.

(2) The following criminal act shall be subjectedto a maximum jail sentence of 6 (six) yearsand a maximum penalty ofRp1.000.000.000,00 (one billion rupiah):

a. everyone who deliberately committedacts of water utilization that aredetrimental to other people or partiesand damages the function of the watersource as referred to in Article 32paragraph (3); or

b. everyone who deliberately carried out

activities that damages the water resources

infrastructure as referred to in Article64 paragraph (7).

(3) The following criminal act shall be subjectedto a maximum jail sentence of 3 (three) yearsand a maximum penalty of Rp500.000.000,00(five hundred million rupiah):

a. everyone who deliberately leases orassigns part or the entire water

utilization right as referred to in Article7 paragraph (2);

b. everyone who deliberately exploits thewater resources without permit from thecompetent authority as referred to inArticle 45 paragraph (3); or

c. everyone who deliberately carries out waterresources infrastructure constructionactivities that are not based on the norms,standard, guidance, and manual as referredto in Article 63 paragraph (2);

d. everyone who deliberately carried outconstruction activities on the water sourcewithout obtaining any permit from theGovernment or regional government asreferred to in Article 63 paragraph (3).

Article 95

(1) The following criminal act shall be subjected toa maximum jail sentence of 18 (eighteen) monthsand a maximum penalty of Rp300.000.000,00(three hundred million rupiah):

a. everyone who due to their negligencehas caused damage to the waterresources and its pre facilities, disturbseffort to preserve water, and/or causewater pollution as referred to in Article24; or

b. everyone who due to their negligencehas carried out activities that maygenerate the destructive force of wateras referred to in Article 52.

(2) The following criminal act shall be subjected

to a maximum jail sentence of 1 (one) year


143

7/28/2019 06118

29/31

and a maximum penalty of Rp200.000.000,00(two hundred million rupiah):

a. everyone who due to their negligence hascarried out water utilization actions that aredetrimental to other people or parties anddamages the function of the water sourceas referred to in Article 32 paragraph (3);or;

b. everyone who due to their negligence hascarried out activities that damages the waterresources infrastructure as referred to inArticle 64 paragraph (7).

(3) The following criminal act shall be subjected toa maximum jail sentence of 6 (six) months anda maximum penalty of Rp100.000.000,00 (onehundred million rupiah):

a. everyone who due to their negligence hasexploited the water resources withoutpermit from the competent authority asreferred to in Article 45 paragraph (3);

b. everyone who due to their negligence hascarried out construction activities on thewater resources infrastructure that are notbased on the norms, standard, guidance, andmanual as referred to in Article 63paragraph (2);

c. everyone who due to their negligence hascarried out construction activities on thewater source without permit as referred toin Article 63 paragraph (3).

Article 96

(1) In the event the crime pertaining to the waterresources as referred to in Article 94 and Article95 is committed by an enterprise, the criminalsanction shall be imposed on the relevantenterprises.

(2) In the event the criminal act as referred to inparagraph (1) is imposed to an enterprise, thecriminal sanction imposed shall be a penalty offine plus one third of the fine imposed.

CHAPTER XVII: TRANSITORY

PROVISIONS

Article 97

Upon the enactment of this Law, all implementingregulations relating to water resources shall remain tobe effective to the extent it does not contradict or tothe extent that no new implementing regulation has beenissued pursuant to this Law.

Article 98

Permits relating to the management of water resourcesthat have been issued prior to the enactment of this lawshall remain to be effective until the expiry of its timeperiod

CHAPTER XVIII: CLOSING PROVISIONS

Article 99

With the application of this Law, then Law Number

11 of 1974 concerning Irrigation (State Gazette ofthe Republic of Indonesia Year 1974 Number 65,Supplement to the State Gazette Number 3046) shallbe declared no longer effective.

Article 100

This Law shall commence to enter into force at thedate of its promulgation.

So that everyone may take cognizance thereof, thisLaw is promulgated by announcing it in the StateGazette of the Republic of Indonesia.


144

7/28/2019 06118

30/31

LEAD Journal (Law, Environment and Development Journal)is jointly managed by theSchool of Law, School of Oriental and African Studies (SOAS) - University of London

http://www.soas.ac.uk/lawand the International Environmental Law Research Centre (IELRC)

http://www.ielrc.org

7/28/2019 06118

31/31

Documents

06118