Access to Utilizing Water Resources and Conflicts of Interest in Indonesia's Law

Abstract

Water is an important element for the existence of humans and other living things on earth. Hence, water resources become an important object of concern today. Development that prioritizes economic progress in various regions in Indonesia has led to increased exploitation of water resources. Therefore, there is a monopoly on the use of water resources for business purposes, resulting in the negligence of opportunities for the community to utilize water resources. Meanwhile, the water resources are originally water resources which become the sole foundation of the community to meet their needs for water both for domestic and agricultural needs. Although the management of water resources in Indonesia has received serious attention since 1974 with the adoption of Law No. 11 of 1974 concerning Irrigation, in 2015, Government Regulation No.121 of 2015 concerning Water Resources Management (PP PSDA) has been issued. The reality is that there are still conflicts of interest in the use of water resources between business and community interests because the use of water resources is still dominated by business interests. This fact hampers the purpose of exploiting water resources for the welfare of the citizens of the community. This article intends to figure out what causes the conflicts between business' interest and the community's interest in the use of water resources. The purpose of this study is to analyze more deeply the causes of the conflicts between business' interest and the community's interest in the use of water resources. This legal research used a normative juridical approach using primary data and secondary data. Data analysis was carried out in a qualitative descriptive manner by critically analyzing the data obtained in order to get input for improvement. Collecting Primary data as secondary data were done through literature review. This study concludes that there are two factors that cause conflicts of interest in the use of water resources in Indonesia. Inclusive habit of the community in utilizing water resources, creating an ineffective use of it and the absence of the balance principle in Article 2, point (1) PP PSDA are the two dominant factors in the conflict of interests between the community and business in Indonesia in the use of water resources. It is recommended that the government take proactive steps to bridge these two interests and revise Article 2, point (1) of the PP PSDA by adding the principle of balance, so that conflicts of interest between business and community do not continue and justice for business and community interests can be realized.

Keywords: Utilization, water resources, conflict of interest, Law, Indonesia.

DOI: 10.7176/JLPG/81-02