The Constitutionality of State Authority Over Water Resources Management Based on Human Rights Principles

Abstract

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.