Unconstitutionality Privatization of Drinking Water Management (Analysis of Water Resources Accessibility Based on Social Justice)

Abstract

Permits to use water resources for business needs that produce drinking water is given priority to BUMN, BUMD, or BUMDes through the implementation of the drinking water supply system. At the same time, the private parties, it must be accompanied by certain strict conditions as regulated in Article 46 of Law 17/2019. This means that the private sector does not get equal participation space to fill the gap in fulfillment the needs of the people's right to drinking water, as well as violating the existence of economic democracy and proportional justice as regulated in Article 28D paragraph (1) jo. Article 33 paragraph (4) of the 1945 NRI Constitution. Legal issues in this research is, first of all, the legal framework for water resources management for the provisions of drinking water in Indonesia, and secondly, the formulation of water resources management for the provisions of drinking water through collaboration between the state and the private sector as efforts to fulfill the need for adequate drinking water. This research is legal research using statute approach, conceptual approach, and case approaches. The results of this research is, first of all, the legal framework for water resources management for the provisions of drinking water in Indonesia has been regulated drinking water management through the provisions of the 1945 NRI Constitution and Law 17/2019. However, these provisions do not provide space for equal participation for the private sector in the provisions of drinking water, which has the impact of not fulfilling the need for safe and adequate drinking water for the community. Second, in formulating water resources management for the provisions of drinking water through cooperation between the state and the private sector, 6 ( six ) things must be considered, are regulation, licensing, criteria for the private sector as manager of drinking water supply, rights, and authority, supervision, and sanctions.