Ideal Concept Of Reconstruction Of Legal Arrangement Of State Responsibility Towards Fulfillment Of The Right To Clean Water In Indonesia

Abstract

The essence of the State’s responsibility for the fulfillment of the right to clean water in Indonesia is through the implementation of the State’s function as a provider, regulator, and entrepreneur based on the
mandate of the 1945 Republic of Indonesia Law so that the utilization of water resources is controlled by
the State for the welfare of the community. This research is a normative legal research using a statutory
regulatory approach and a conceptual approach and by evaluating the applicable water resources laws.
All legal materials are analyzed qualitatively to find the ideal concept of the legal regulation of the State’s
responsibility for the fulfillment of the right to clean water. The legal regulation of the State’s responsibility has guaranteed legal certainty for the fulfillment of the right to clean water in Indonesia through
the right to water in the constitution and other laws and regulations, in addition the right to water is also
regulated in international human rights law. The concept of the legal regulation of the State’s responsibility for the fulfillment of the right to clean water by reconstructing the State’s control rights law and
limiting the management and exploitation of water resources by the private sector.