Law on Water Resources Development (Law No. 11 of 1974)

THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 11 OF THE YEAR 1974 ON WATER RfSCURCES DEVELOPMENT BY THE GRACE OF ALMIGHTY GOD TI/E PRESIDENT OF THE REPUBLIC OF lNDONESIA, onsidering tha ( : l. h. d. w.ncr . wutcr resources and the natural riches contained tl-crcin arc J girt of Almighty God and that, given their overall hC1'-eficial character . they ~~·-f~if~d · c:.: man for economic, sm:i;J1 and related cultural purposes: soil. water rcsou . .:es and tile natural riches contained therein shall be controlled by the State and utilized fur the optimum welfare of the People in J just and equal manner: the ut ilizat ion of water and water resources shall be in the interest and welfare of the People as to promote at the same economic growth, social justice and the ability of the People 10 form a just andprosperous Community based on the Panca sila ; the IC))(l "Algcmce n Water Reglcmcnt ' has not been irnplc mcnted throughout Indonesia and that other legislation relating to water resources development is no longer in conformity with the present situation; c. II, order t o achieve thl.: purposes. ~ nauonal w~1I... r resources uevelopmeru la.... 1\ needed wlucn s,~11 be 111 conformity with I hI.' ~~UlllIIIIIC. \lh:ial a:- well ;.1:- t':,""hllul"l!-i~al development of lndunesra allu which shall serve ~.:. inc ha .. ls '-01 Iurrher rcpu luuons : /\;Ii\.·i~· ~ [iJL1gIJ[I!1 (J). Aruclc ~() 1':11 Jt-r:..ph (I J, Arlkk'~"" <.IIIL! !\Iu-.:k .\J pJ1..Jt,L1pJI (3, ~jl lil~·~· \)ml:lull .. :1 'If !lj·b : TI,~' U"'~II.'~· \.( IItl' 1\·,lp;l:\ Clll)u;l.II1V'· '\':-l',nni) !\Ullllll': IV MJ>I~I I'):3 on CUIJellllo \II S .r .« 1\:;",.": .', Tu« L.I.... Number 5 o!llll:' )'1.::.11 I\{',O Ill, U:.a'I.: .:\~::.1rl:tn ICo\·l.:rJ:· me nt C:.tLl:tll." ot t he Republ.c \,1 ln.Ioncsu, Of the vear I\}()ll Nurnn,» 1004. Suppleiuc ru 1\.,' til .... (JI)Verrllll\~n: GJl.clll: u: I l rv Rcpubhc ol Indonesia Nurubct ::C~? I : 4. The L:1W Number Q ut" tile yeur 19;)(} 011 BaSIC Health (Covcrn 1111.:11 [ C:.aaltl.' vI' i hc Rcpuhlic ul :nuullc:si:.a or' the year 1\J()u Nurnb c. 1J I, Supplement 10 tl.c Gover ruuent Gazette of thl' Republic or' ludoucsia Number 2b31 J ; 5. The Law Number ) I or the vear 196~ un Gencr ;l Hygiene «(II), vernmcnt Gazet te of the Republic of lndonesia v( the yeur Iljo~ Number 48', Supplement to lll·c GO\'anlllent Gazelle or' the Republic of Indonesia ul' tit:: } ,:~, r '~U '7 Number S. Supplement to Covcrnmem Cazcue 01 tilt !<.cpuhhc ur II.Jvllt:,>la 1'\ulllh..'! 2475) ,""' ment Gazette of the Republic of Indonesia of the year 196 ~ Number o. Supplement to the Government Gazette of th4 Republil' of Indonesia Number :!813) ; ~ The Law Number 6 of the year 1967 Basic Gazette Breedin],. and Animal Health (Government Gazette of the Republic 0 InJo(lcsi:J of the year 1467 Number :.!~. Supplement to thl G()v~rnJllcJlt Gazette of the Republic of Indonesia Numbe 2824) : O. The L1W Number II of the year 1967 on Basic Mining (Govern me nt Gaze: tc or the Republic of Indonesia of the year 196~ Number 2~. Supplement to the Government Gazette of th: Republic of Indonesia Number :.!931) ; '). The Law Number 5 of the year 1974 on Local Goverrunen Adrninis ir ation (Government Gazelle of the Republic of Indu nesia of the 1067 Number 22. Supplement to Governme n Gazette of the Republic of Indonesia Number 3037). 3 With the assent of Perliament , HEREBY PROMULGATES THE LAW ON WATER RESOURCES DEVELOPMENT CHAYTER I DEFINITIONS Article I In this Law, the following terms shall have the following meaning: I. State 2. Government 3. W3lcr 4. Water resources 5. Water resource management 4 : the Stale of the Republic of Indonesia; the Cov-rnrneru of the Republic of • Indonesia . any wa t c r found in or origina ling from surface (~ v; ell as underground water resources, excluding the waters of the high sea 113IUI:JI wa tcr bodies and man-made reservum: whether surface or under ground; the ';0111 rot and administration of water .H1c.i water resources, either in their n..tural state or as exploited by man and including the natural inor gani-c riches con tained therein ; b. water Regulation 7. WJl~r management :.Ire:.l b. Hydrogeological area 'J. Water resources development 10. General planning all legal provisions governing the right of use, the control, management, utilization, processing, and policing of water and water .resources, including. the natural inorganic, riches contained therein, for the optimization of bene tits with a view to satisfying the vital needs of the People ; a water resources basin or area, includ ing all structures and networks therein. the managcrucnt whereof shall be III accordance with special regulat ions: a wa t er resources basin or area. includ ing surface and underground waters; the development of water and water resources for the utilization thereof through project plans. design and tech nical specifications made in accordance with the relevant general development plan and intended to optimize benefits and to satisfy the vital needs of the People; all activities and undertakings aiming at the formulation of basic guidelines for large scale development pro grammes to be implemented in 31.: cordance wi th defined general and particular objectives, and taking into 5 II. Project panning consideration the suggestions. project ideas, available knowledge and cxpcri ence a~ well as prevailing condi tions and circumstances ~ all acuviues and undertakings intended to serve as guidelines. designs and spc cificatious for the implement arion of specific small sclae projects of a tech nical natur e CHAPTER 1t NATURE AND PURPOSE Article 2 Water and water resources, includvig the natural riches contained therein. as defined in Article I, puragr aphs 3. 4 and 5 of this Law have a social function and shall P.-; oti1i;ed If,Jr the welfare and pros perity of the People. CHAPTER m RIGHT OF CONTROL AND COMl'ETENCES OF THE STATE Article 3 (I) Water and water resources, includH\8 the natural riches contained therein, as defined in Article 1, paragraphs 3,4 and 5 of this Law shall be controlled by the State. (2) State control as referred to in paragraph (1) of this Article shall empower the "Government to : a. manage and develop the utilization of water and water resources ~ 6 b. c. d. e. authv;"!Z\:u UI licence water uses on the basis of the relevant gl'll~(JI and project plans and in accordance with corres pouding regulauon ; Icgubll.:. authorize or licence the utilization. purpose of Us,.. and supply uf water and water resources ; reguLJlI.'. authorize or licence Ill\.' exploitat ion of W:"It"1 and wut cr resources : and determine :JIlJ regulate legal acts and realtionships among iudividuals :.JlId/or corporuuons in respect or water and WJICI fl'~uUr,es uses. (.:I) The pIIlVi,,!o!1S of paragraph ("2) of this An iclc shall be subject t o t hc C.\.iSllJlg right ur rhe local adat couuuuuu ies ill ;)U Llr ;,1::> such rights are nut com radict orv to the national im crcst . Article 4 The powers 01" (he Government. as specified in Ankle 3 or" tlli" LAw, may be deltg<.lled to its agencies at tile cemrai or regional kv~1 ur 10 specific cor porute bodies in accordance with ccnouions and procedures as specified by Governrneru Regulation. Article 5 (I) The Minister in charge of water affairs shall be responsible and is hereby empowered to coordinate all matters relating to general and project planning and to the supervision, exploitation, maintenance, conservation and utilization of water and water resources, subject to the interests of the Departments and agencies concerned. 7 (2) The administrauon of underground water resources and of hot springs as mineral and geothermal resources shall not fall under the competence and responsibility of the Minister referred to in paragraph (I) of this Article. Article 6 In the case of an emergency. or in the likelihood that an emergency would occur. the Government shall be en:...vled to take precautionary measurcs and 10 regulate protection or rei.ef activities in the depart ing from the provisions of this Law. Article 7 The function and powers refe~~:u to in Article 4. 5 and 6 of this Law shall be: funh.:~ )pecitiel1 by Govcn.n.ent Regulatiun. CHAPTER IV GENERAL AND PROJECT PLANNING Article 8 (1) Water regulations, water management areas and water resources development shall be based on .~enera.: and project plans intended to serve the Community interest. (2) General and project plans governing water management areas and water resources development as referred to in paragraph (1) of this Article shall be subject to the interest of the People for all purposes and in accordance Y.:th established priorities. (3) General and project plans referred '.0 in paragraph (2) of this 8 de: shall :Jim at water resources in conformity with the basic ~Itl "'vrk of N:Jlional Development and shall be impclcrnerued in r;JOC .r. /I'~ with national. regional and local interest purposes. ,:(u(u:J I. Article 9 water r~suurl"Clt pl:1I1.ning. development and urilizutiou sh:J1I be ~ on rhc survey and inventory of water resourccs it terms ul I~l; ~llonal Wca l t h . CHAPTER V MANAGEMENT Article 10 In accordallce with its srarurory functions :JnJ powers. the Govcrrllncnl ~hall Ior mulat c specific W:J icr rC~UUfCCS manage men: policies. in par ticular with respect 10 : a. the de t ernunauou of the conditions and procedures Ior gwcr:..d and project planning and for water and wut er re sources utilization. exploitation, policing and licencing : b. The permanent rcgulat ion and implerncnt ation of water and • water resources development as we ll a~ or wat erwor ks management. including main structures and networks, with a view to the optimization of benefits: c. The prevention of pollution harmful to wa ter uses and to the environment ; d. The control of, and protection against harmful effects of water; e. The survey and inventory of water resources: and r. The procedures for, and impelementation of informa tion and special training programmes in the field of water resources. 9 (2) The implementation of the policies referred to in paragraph (l) of this Article shall be subject to Government Regulation. CHAPTER VI UTILIZATION Article 11 (I) The central and local governments shall hold primary responsi bility in ensuring that water ar.d water resources are used bene ficially. (2) Corporations, associations and ind-viduals shall obtain a govern ment licence in order to utilize water and water resources. (3) The provisions of the Article sha': be further subject to Govern ment Regulation. CHAPTER VII OPERATION AND MAl~fENANCE Article 12 In order to ensure the adequate fmctioning and operation of water management and hydrogeologice! areas, waterworks and related structures shall be operated, rnainrened and repaired in accordance with the following provisions: a. In the case of waterworks or structures directly benefiting a particular community, corporation, association or individual. the beneficiary shall participate ir. these works; such a parti cipation shall be further subject to Government Regulation; 10 (I) he case of waterworks or structures intended to serve the In t .. publiC interest. these works shall be undertaken by the central or interested local governments. CHAPTER VIII CONSERVATION Article 13 Water, water resources, waterworks and structures shall be per lI1anently conserved and protected in order to maintain their social function as specified in Article 2 of this LJw. To this end , the following shall be undertaken: J. b. c. d. Soil and water resources conservation: The cuntr ol oi harmful effects of water on water resources and on the environment; The control oi water pollution harmful to water uses and to the environment; and The conservation and protection oi waterworks and struc tures in order 10 ensure their peruianent opera lion. (2) The provisions of paragraph (I) of this Article shall be further subject to Government Regulation. CHAPTER rx FINANCING Article 14 (I) The financing of all activities within the framework of water and water resources cent rol and development shall be subject to Government Regulation. 11 (2) Communities directly bcr.ctiung from existing waterworks an structures either for their subscquenct or immediate use may t required to share related management costs, (3) Corporarion. associations and individuals directly benefitin frum existing waterworks and structures either subsequent 0 immediate use shall share re.ated costs in the form of a contri button payable to the Cover nment. (4) The provisions of paragraph (2) and (3) of this Article shall be subject to Government Regulation. CHAPT~~. X PENAL PRO'IISIONS Article 15 (I) Imprisonment up to 2 years and/or a line up to Rp 5.000.000, (Five million rupiahs) shall be inflicted upon anyone who: J. Intentionally makes use cf water and water resources not in accordance with ger.eral or project plans or water reo sources development as defined in paragraph (I) of Article o of this Law; b. lnt eruionally makes use of water. water resources without a prior licence as specified in paragraph (2) of Article 11 of this Law ; c. Having obtained from tn. Government a water or water resources usc licence as specified in paragraph (2) of Article II of this UW, iruenrionaily refrains from undertaking, or (rem participating in activ: ties relating to the conservation of soil, water and water resources or to the protection of 12 waterworks and structures as specified in paragraph (I), items a, b. I.: and d of Article J3 of this Law. (2) Offences specified ill paragraph (I) of this Article shall be considered 'as crimes. (3) Anyone who, by negligence, infringes the provision of Article 8, paragraph (I), Article II, paragraph (2) arid of Article 13. paragraph (I), items a, b, c and d , of this LJw shJII be liable 10 detention up to 3 month and/or to a fine up to Rp 50.000, (Fit'ry thousand rupiahs). (4) Offences specified in paragraph (3) 01 this Article shall be considered as minor offences. CHAPTER Xl TRANSITORY PROVISIONS Article 16 All provisions of the existing wa rerIegislat ion not cont radict ory to this Law shall continue in force as long as, and until new regu lations are issued as pro vided for in this Law. CHAPTER XII FINAL PROVISION Article 17 This Law shall enter into force on the date of its prcrnulgattion. In order thay everyone shall know thereof, this Law shall be published in the Government Gazette of the Republic of Indonesia. 13 Promulgated in Jakai t;. on the 20th of December 1974 THE PRESIDENT OF THE REPUBLIC OF INDONESIA Signed by SOEHARTO Published in Jakar ta on the ~6(h of December 1974 Tl IE MINISTER/SECRETARY OF STATe: Signed by SUD H ARM 0 N O. S. H. GOVERNMENT GAZETTE ON THE Rf:)UBLlC OF INDONESIA OF THE YEAR 1974 NlJ.'tiBE:<. 65. 14 ELUCIDATION OF, THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 11 OF THE YEAR 1974 ON WATER RESOURCES DEVELOPMENT A. General Elucidation. I. The Almighty God has given to Indonesia several natural riches, one of which is water and water resources, such as rivers, lakes, swamps, springs, groundwa ter , aquifers. all of which are needed by man both for direct as well as indirect use. Hence, land and water and the natural riches contained therein shall be controUed by the State and shall be itilized for the optimum welfare of the people in a just and equal manner. Therefore the utilization of water and water resources shall be, directed towards the interest and welfare of the people, at the same time to promote social juctice and a properous community based on Pancasila. The Republic of Indonesia being a Legal State, there shall be a concise and through law, to guarantee the protection of the interest of the people and the state and there shall be a unified law on water resources development in Indonesia. 2. The existing law governing water resources development are felt to be no longer fully relevant to the present situation nor to fulfil the aspirations of Pancasila and the Constitu tion of 1945. The General Water Regulation· of 1936, the exixting basis for regulation on water maangernent focused on the use of 15 16 water for purposes mainly in the lidd of irrigation, without making provision fur water resources cuuservauon and development, it had been declared ...alid only for part of Indonesia, particularly Java and Madura. 3. Water resources management means (he control and admi nistration of water and wa icr resources including the natural inorganic riches contained therein. either in their natural Slate or exploited by man. As far as this Law is concerned wat er resources management includes among others : a. irrigation, the: use of surface and ground water for agricultural purposes; b. Swamp area development. that is, reclamation of swamp areas which may be used for agriculture: c. Flood control and river improvement ; d. Water supply for domesic municipal and industrial purposes and water pollution control. 4. The laws on water resources development should have the following characteristics: a. Simple but able to accorncdare the long term prospect. in accordance with conditicns ; b. Contain basic principles for following regulations; c. Cover all aspects of water resources management to function a real basis in every aspect for regulations issued separately. 5. To avoid misinterpretation of term used in this law, the Iirst chapter of the law contains definitions of term used in water resources management. 6. In view of n its beneficial character as a natural wealth essential to the life of man, water and water resources shall be controlled by the state. Tile st at e control over water and water resources shall be exercised by Government both centrally and locally. The law also allows tha: the goverruuent 's powers to corurol water and water resources may be delegated to cor porate bodies, in accordance with conditions and procedure specified by the govenunerit I respecting the I iglus of tradi tional or social-religieus cornrnunities in so far as such rights are not contradictory to this law or to the national interest. B. Elucidation article by article. Clear enough. Clear enough. The water in this law does not include water of th( high seas, unless the sea water has been utilized or shore for any purpose. Such utilization is subject t< the provisions of this law. The terms "water resources" includes among others rivers, lakes, reservoirs, swamps, springs and aquifers Water management should be implemented througl regulation of the use of water and water resource: with protection and conservation. The inorganic riches include for instance sand ane No.5. Article 1. The objective of the foundat ions in this article is that technica terms used in the law and in the regulations should be under stood. No. 1. NO.2. No.3. No.4. 17 NO. O. No.7. No.8. Nc.9. No. 10. No. 11. No. 12. No. J 3. stone but exclude mineral "lid mining materials. C1~:Jr enough. 'l~h" .,{; term water m:.tli"'g..:r;~ent arc" nIC:lIIS:in area which receives beuefits from water management opcrat ions, and can COV~I several administrative areas. Clear enough. Clear enough. Clear enough. Clear enough. Clear enough. Clear enough. To ae hicvc llie :,>(Jci:J! tuner lull ul wut cr ;,and wa t ci rcsources , they si iall be utilized for the bcncl it o( iife. rna tcr ially as well as spiritua Ily. . Article J. paragraph (I) paragraph (2) paragraph (3) Clear enough. The right of cent rol empowers the Govern ment to rake action, the principle of which .ue mentioned ill :J up tu e. Thoseacuviues I nclude the obligation to cons-erve water and ..vater resources. a local traditional community means corn rnunity with laws and regulations based on custom and religion. Article 4. The delegation of powers to the specific corporate body is meant to encourage the community to participate in conserva tion, development and utilization of water and wat-er resources. 18 Article 5. paragraph (I) the coordir.aticn of all matters relating to conservation. development and utilizatiou 01 water :JIIJ water rC)UUI\.'l') by thc MlIlislcr III l:h'Hg~ 01 water afl:urs Jill: ....'h Ih.!1 I ItI..' :J\.·ti\ iucs of the Minister and the- head of ulh~1 bodies concerned with the water anJ water resources should be synchronized. C1~:H enough. Afll .... lc 6. 111 111(' else of emergency. or in the event of J possible cmer t=t'n\.·y the' government may deviate from the provision of this IJW \II OVL'lliJl' tile existing right on water and water resources b<:lungillg t o other parties. Article 7. nus article lays down the: basis on which the Government may IIl1plcmenling its powers realung to Article 4, 5 and 6 to be specified by Government Regulation. Article 8. paragraph (I) paragraph l~) Clear enough. Thc interest of the People in all aspects ac cording to established priorities included : A. a. Drinking water; b. Domestic use ; c. National Defence and Security; d. Religius purposes; e. Municipal uses, for instance fire pre vention, flushing, watering plantations; B. a. Agriculture; b. Animallusbandry ; c. Plantation; 19 paragraph (3) d. Fishery C. a. Energy; Clear enough. Article 9. Survey and inventory is necessary to determine the direction and basis of general and project planning for development and utilization of water and water resourccs. Those activities could nut be undertaken under condi iicns such mentioned in article 6 of this law. Article 10. paragraph (I) paragraph (2) Specific water rcsr.urces management in ac cor dunce with Iunct ions and powers includes among others management of rivers, irrigation. water for industry, -wat er for municipal pur poses, drinking wa tersupply and other domestic uses of water. The extension service as specified in r. of this paragraph giv-s information about all matters, which have fi lat ion to water resources deve lopment and management, to encourage the community concerned to participate in all activities relur ing to conservation of water works and related structures. while special training programmes in the field of water resources is recommended for officials of water resources agencies. Clear enough. 20 Article 11. Utilization of water and water resources means the use of water J water resources to improve the quality with the intention ofIn ro li t l11:Jking by corporations. associations. :JIId individuals as ~ar as possible Oll ~hc basis of cooperatives. Alllclc 1~. :\~t1viti~s related ttl operation. muiru cnance aud repair are nc:ccssary. not only to ensure the adequate functioning and uperation waterworks and related structures. hut also to increase rhc sence or par iici pa tiun as well as the seller of responsibility amung the community especially the bcucficiar ies or water and water resources. The community includes among others farmers and agrarian entrepreneurs. Art ide 13. paragraph (1 ) pJragrJph (2) Ar t i ..:k 14. paragraph (I ) paragraph (2) paragraph (3) Soil and water conserve: ions act ivities include among others reforesrat ion and erosion control. Clear enough. Clear enough. This provision is provided p.m iculurly for non profit making corporate bodies, associations ur individuals. The direct beneficiaries of water and water resources may be required 10 contribute to the cost of operation and main tenance as mentioned in Article 12a of this law with the condition such participation is nOI felt to great burden for the people. This provision is provided as the legal basis for the prosecurtion of crimes of which are not regulated by the Penal Code, particularly Article 187, 188, 190, 191, 202, 203 but 21 paragraph (3) and (4) directly related to tnis law. Since iruemationa] offences against tlUs law could endanger public security', people and property, the of fences are considered as crimes. Offences against provisions specified by this paragraph which rc the result of neglect con sidered as mir.or of fences. Article 16. This provision is made to avo.d any vacuum being created by this law on mater resources development. Article 17. : Clear enough. 22 SUPPLEMENT OF GOVERJ'\1}1ENT GAZETTE OF THE REPUBLIC OF INDONESiA NUMBER 3046.