POLITIC OF LAW OF GROUND WATER EXPLOITATION
Full-Text PDF
XML 94 Views
DOI:10.17265/1548-6605/2013.05.004
Ronny Winarno SH.MHum., Sudarsono SH.MS.Isrok SH.MS. & Fadli SH.MH.
One of Indonesia characters is welfare state, reflected in Republic Indonesia Constitution in 1945 (UUD NRI year 1945) on Preamble paragraph 4 mentioning the general welfare is the primary aim of the state. Provision of Article 33 paragraph (2), (3), and (4) UUD NRI year 1945 as lives of many people that natural resources in form of water for the greatest prosperity of people’s and controlled by state. This is in line with the Constitution Act No. 7 year 2004 on water resources, focus on welfare of people and based on the reflection of democracy spirit. Based on the constitution of Local Government Act No. 32 year 2004, the important role to support the achievement of social welfare problems associated with water (ground water), is crucial. However, the Presidential Decree RI No. 36 year 2010 which provides space for the foreigners to invest in water exploitation orientation, and there was interest/politic of law, so the local government at the beginning prioritize on the welfare of the local people turned into the realm of economic interest to revenue for local government. Based on the statement above, so the problems of people’s welfare, democracy and justice are neglected.