Management of Water Resources

The Government has enacted Regulation No. 42 of 2008 as a means of implementing Articles 11(5), 12(3), 13(5), 21(5), 22(3), 23(3), 27(4), 28(3), 31, 32(7), 39(3), 42(2), 43(2), 53(4), 54(3), 57(3), 60(2), 61(5), 62(7), 63(5), 64(8), 69, 81, and 84(2) of Law No. 7 of 2004 on Water Resources. This is an extensive list of provisions from the law that are to be implemented through this Regulation so it is hardly surprising that the Regulation and the Elucidations run to some 130 pages and encompass 130 Articles.

The terms used throughout the Regulation are defined in Article 1. There are 37 definitions noted. The majority of these are the definitions that have already been stipulated in the law.

The Regulation sets out a comprehensive and integrated management plan. The purpose of the management plan is to ensure that the benefits of water resources are realized in a manner that is favorable to the community and the State.

Generally, the National Water Resources Council is responsible for the compilation of the National Water Policy. The National Water Policy is to include aspects of conservation, usage, and control. Each of these aspects is individually enumerated in the Regulation. The National Water Policy is to be confirmed by the President once it has been compiled by the National Water Resources Council.

The Regulation requires that an inventory of all water resources in Indonesia be taken. The purpose of the inventory is not only to ensure that all water resources are accounted for but the data accrued will be used as the basis of compiling the water resources management plan.

Conservation of Indonesia’s water resources is a critical consideration in the Regulation and consequently there are specific provisions put in place to ensure that conservation occurs. The conservation envisaged under the Regulation focuses primarily on maintaining water quality.

Breaches of the provisions attract standard administrative sanctions such as written warnings, suspension of business activities, and ultimately cancellation of permits and licenses.

The Regulation repeals Government Regulations No. 6 of 1981 and No. 22 of 1982.

The Regulation has been in force since 29 May 2008.