THE LEGAL DYNAMICS OF WATER RESOURCE MANAGEMENT: EXPERIENCE IN INDONESIA

Back to Page Authors: Jundiani Muslim, Ernu Widodo

Keywords: legislation, legal dynamics, public policy, water resource law, water resource management

Abstract: The management of water resource in Indonesia has gone through four periods since Indonesia became independent. The first water law in resource management that was enacted by the Netherlands Indies Government, namely the Algemene Water Regulation in 1936. The object of this paper is the dynamics of water resource management as well as the regulations related in four periods. That is one period when Indonesia has not been independent yet and three subsequent periods after Indonesia has been independent. The purpose of this paper is to study the factors were becoming considerations of birth of new laws in each period. The basic considerations discussed include several aspects, namely; philosophical, juridical, and socio-political aspects. This is legal research method by using conceptual, statute, and historical approaches. The result of the study can be concluded from political and economic factors as the main trigger for the birth of a new law. The contribution of this paper is to provide recommendations to the executive and legislative, namely institutions that have the authority to make laws, to issue laws that have futuristic values and are willing to carry out aspirations of the people. More important than all of these characteristics is that a good law is a law that can solve the problems of the people.