The Ideal Concept of the State's Responsibility for Fulfilling the Right to Water

Abstract

The state should be responsible for guaranteeing and meeting the needs of all citizens' rights in the form of the right to water, including the obligation to respect, protect, fulfill, and provide facilities for the benefit of these rights and in this case, the state as the ruler in managing water resources. This study aims to analyze and find a legal reconstruction of the state's right to control water and its resources as well as legal restrictions on the exploitation of water resources. This study is a normative legal research using a statutory approach and a conceptual approach whose main ingredients are derived from the results of the author's dissertation research. The results of this study indicate that the state is responsible for the right to water and uses the law as a means of regulating, administering, providing guarantees to meet minimal water needs, regulating access and distribution of water fairly and equitably, so that all people can enjoy the right to water. The state can fully control water resources if the legal reconstruction of the state's right to control is carried out through a dialectical process, namely bringing together the ideal legal construction of state control rights as a thesis and the legal construction of state control rights that exist as antithesis to produce an ideal legal construction. Legal restrictions on the exploitation of water resources are carried out referring to the RI Law No. 17 of 2019 and in the decision of the Constitutional Court Number 85/PUU-XII/2013 which lists 6 main requirements that limit the exploitation of water resources.

Keywords: State Responsibility, Right to Water, Water Resources

DOI: 10.7176/JLPG/120-13

Publication date: April 30^th 2022