Constitutional Court's Review and the Future of Water Law in Indonesia

• Main Author: Mohamad Mova Al'Afghani
• Format: Article
• Language: English
• Published: School of Oriental and African Studies 2006-06-01
• Series: Law, Environment and Development Journal
• Subjects: Environmental law; water law; water rights; human right to water; Indonesia; constitutional law; mining; waterwork company; judicial review; water governance; water price; full cost recovery; sustainable development
• Online Access: http://lead-journal.org/content/06001.pdf
• ISSN: 1746-5893; 1746-5893

Enactment of the Water Law in Indonesia has arises public debate. The Judicial Review of the Law by the Constitutional added to this controversy as it puts the legality of the water regime in Indonesia in a "twilight zone". This article explained the historical background of the water regime in Indonesia and its development, analyze the position of water rights and human rights to water under Indonesian Constitution, elaborates the key provisions of Indonesian water law, elaborate water law's judicial review by the Constitutional Court, analyzes the legal consequences of the review and recommend the government on the parts of the law that needs to be amended or modified. The author also discusses several important issues that needs to be weighed by governments when creating the water law's implementing regulation, including regulating several standard contract provisions between government and water investors.