Utilization of Water Resources from the Perspective of Justice and Human Rights in Indonesian Legislation

DOI

10.2991/978-2-38476-356-6_25How to use a DOI?

Keywords

Water Resources; Justice; Human Rights

Abstract

This study looks at, evaluates, and critiques laws and regulations pertaining to water resources. Aspects of justice and human rights are among the many topics covered in these laws and regulations, water resources is important and one of the vital resources of human beings, as mentioned in 33rd Article (3rd) clause of Indonesian Constitution of 1945. Effective legislation should be practical and consider philosophical, legal, and sociological dimensions. The life and survival of humans and all living creatures, as well as the unification of nations and the promotion of equitable development, depend heavily on water, which is a gift from God Almighty. The existence of water resources is so important that it is included in the list of human rights. This article is using the concept of relevant virtue, when scarcity of the resources mentioned are not making people unified by their emotional bonds to help each other. Normative legal research methodologies were applied in this work. Normative legal research method is strictly using Primary, Secondary and Tertiary legal sources, such as constitutions and doctrines as the aim for this article is to explain the current condition of water resources management from a legal perspective. Preference theory and justice theory emphasize more on philosophical aspects as instruments for analyzing and considering the content of legal norms, preference and justice theory are used to make amends between the needs of the people and the applications of legal norms. This study will use philosophical and legislative approaches. The study’s findings demonstrate that laws and regulations governing water as natural resources have not provided the protection of human rights in their control and use, and have not guaranteed the aspects of justice for most Indonesian, and the Constitutional Courts of Indonesia has offered 4 perspectives: 1.) Relations between the nations, people and water resources; 2.) Basic Human Rights that are protected by the Constitution concerning Natural Resources; 3.) Water management by the Nations; and 4.) Limitations of Water management.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - I Ketut Kasta Arya Wijaya
AU  - Ni Made Jaya Senastri
AU  - I Putu Arwan Puspa Resmawan
PY  - 2025
DA  - 2025/02/11
TI  - Utilization of Water Resources from the Perspective of Justice and Human Rights in Indonesian Legislation
BT  - Proceedings of the 2nd International Conference Changing of Business Law (ICOCLB 2024)
PB  - Atlantis Press
SP  - 215
EP  - 220
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-356-6_25
DO  - 10.2991/978-2-38476-356-6_25
ID  - Wijaya2025
ER  -