OVERVIEW

Once again, the Constitutional Court has handed down a landmark decision. In the final quarter of last year on 17 September, under its Decision No. 85/PUU-XI/2013 (“2013 MK DECISION”), the Constitutional Court declared Law No. 7 of 2004 on Water Resources (“2004 Water Law”) null and void. The Court found that recent legislation derived from the 2004 Water Law positioned the State as no longer having the power to control the use of water for the greater good as is mandated by Article 33 (2) of the 1945 Constitution.