Advanced Search

Act No. 7 Of 2004

Original Language Title: Undang-Undang Nomor 7 Tahun 2004

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
ry person to get water for the daily minimum needs of the everyday to meet its healthy, clean, productive life.

Section 6
.,, (1) The water resources are controlled by the state and used for the great prosperity of the people.
.,, (2) the Ensign of Water resources as referred to in paragraph (1) is hosted by the Government and/or local government by staying in recognition of the civil rights of the local customary law and the rights similar to that, as long as it is not Contrary to national interests and laws.
.,, (3) The rights of the customary law society over water resources as referred to in verse (2) remain recognized throughout the fact there are still and have been confirmed with local local regulations.
(4) (4) On the basis of the state's control as referred to in verse (1) is the right to water.

Section 7
(1) the right to water, as in accordance with this, is the right to use water and the right to use water.
.,, (2) The right to use water as referred to in paragraph (1) cannot be rented or transferred, in part or in part.

Section 8
.,, (1) The right to use water is obtained without permission to meet the daily staple needs for the individual and for the people ' s farm that is in the irrigation system.
.,, (2) The right to use water as referred to in paragraph (1) requires permission if:
., a., a.   the way to use it is done by changing the natural condition of the source
., b.   is intended for the purposes of a group that requires a large amount of water; or
., c. used for folk farming outside of the existing irrigation system.
.,, (3) Permission as referred to in paragraph (2) is granted by the Government or local government in accordance with its authority.
The right to give water from or to the land shall be passed through the land of another that borders the land.

Section 9
.,, (1) The rights to water efforts may be provided to an individual or an entity with permission from the Government or local government in accordance with its authority.
.,, (2) The rights to water efforts can drain water on other people ' s land based on the consent of the rights holder to the land concerned.
.,, (3) Approval as referred to in paragraph (2) may be a loss or compensation agreement.

Section 10
The provisions of water rights as referred to in Article 7, Section 8, and Article 9 are further set up with government regulations.

Section 11
., (1) To guarantee the hosting of water resources that can provide a greater benefit to the benefit of the public in all areas of life are composed of the water resource management pattern.
.,, (2) The pattern of water resource management as referred to in verse (1) is composed based on a river region with the principle of allotedness between surface water and groundwater.
., (3) The composition of water resource management as referred to in verse (2) is done by engaging the role of society and the world of enterprise-wide endeavor.
.,, (4) The pattern of water resource management is based on the principle of balance between conservation efforts and the mutineers of the water resources.
., (5) The provisions of the composition of the water resource management pattern as referred to in paragraph (1) are set further by government regulations.

Section 12
.,, (1) The management of surface water is based on the river region.
.,, (2) The management of groundwater is based on a groundwater basin.
., (3) The provisions regarding the management of surface water and groundwater management as referred to in paragraph (1) and paragraph (2) are further regulated by government regulations.

BAB II
AUTHORITY AND RESPONSIBILITY

Section 13
.,, (1) the river region and the groundwater basin as referred to in Article 12 of the paragraph (1) and the verse (2) are established with the Presidential Decree.
.,, (2) The President sets the region of the river and the groundwater basin as referred to in paragraph (1) with regard to consideration of the National Water Resources Board.
.,, (3) The term of the river region as referred to in paragraph (1) includes river areas in one district/city, cross-county river/city area, cross-province region, cross country river region, and strategic river region National.
.,, (4) The soil water basin ' s penetration as referred to in paragraph (1) includes a groundwater basin in one county/city, a county/city cross-country water basin, a provincial cross-country water basin, and a cross-country groundwater basin.
.,, (5) The provisions of the criteria and layout of the designation of the river region and the groundwater basin are further set up with government regulations.

Section 14
The Government's authority and responsibilities include:
., a., a.   Establish a national policy of water resources;
., b.   establish a water resource management pattern on the cross-province river region, the cross country river region, and the national strategic river region;
., c. sets out the water resource management plan on the cross-province river region, the cross-country river region, and the national strategic river region;
., d.   establish and manage water source protected areas on the cross-province river region, cross-country river region, and national strategic river region;
., e.   carrying out water resource management on the cross-province river region, cross country river region, and the national strategic river region;
., f.   Set up, assign, and permit the provision, deployment, use, and enterprise of water resources in the area of the cross-province river, cross country river region, and the national strategic river region;
., g.   set, assign, and provide technical recommendations for the provision, deployment, use, and soil of the groundwater in the country's cross-country water basin and the country's cross country water basin;
., h.   make up the National Water Resources Board, the cross-provincial regional water resource council, and the national strategic river region water resources council;
., i.   facilitairectly or indirectly.
., 26.   Water resource management is an institution that is authorized to carry out water resource management.

Section 2
Water resources are managed on the basis of sustainability asas, balance, general expediency, regularity and greed, justice, independence, and transparency and accountability.

Section 3
The water resources are fully managed, integrated, and environmentally insightful with the goal of realizing sustainable water resources for the great great prosperity of the people.

Section 4
Water resources have a social, environmental, and economic function that is organized and embodied in harmony.

Section 5
The state guarantees the right of evete settlement of inter-provincial disputes in the management of water resources;
., j.   establish the norms, standards, criteria, and guidelines of water resource management;
., k.   maintaining the effectiveness, efficiency, quality, and order of management of water resource management on the cross-province river region, the cross country river region, and the national strategic river region; and
., l.   provide technical assistance in the management of water resources to the provincial government and the county/city government.

Section 15
The authority and responsibilities of the provincial government include:
., a., a.   establish a water resource management policy on its territory based on the national policy of water resources with regard to the interests of the surrounding provinces;
., b.   establish a water resource management pattern on the cross-county river region/kota;
., c. sets out water resource management plans on the county/city cross river region with regard to the interests of the surrounding provinces;
., d.   establish and manage a water resource protected area in a district/kota; river basin;
., e.   carrying out water resource management on the county/city cross river region with regard to the interests of the surrounding provinces;
., f.   set, assign, and permit the provision, forage, use, and enterprise of water resources in the area of the cross-district river/township;
., g.   set, assign, and provide technical recommendations for the provisioning, retrieval, deployment, use and enterprise of groundwater in the district/kota; subdistrict water basin;
., h.   forming a water resource board or with other names at the provincial level and/or on the cross-county river region/kota;
., i.   facilitate the resolution of inter-district/city disputes in the management of water resources;
., j.   help the district/city on its territory in meeting the essential needs of the water community;
., k.   maintaining the effectiveness, efficiency, quality, and order of execution of water resource management on the cross-county river region/kota; and
., l.   provide technical assistance in the management of the water resources to the county/city government.

Section 16
The authority and responsibilities of the county/city government include:
., a., a.   establish a water resource management policy on its territory based on the national policy of water resources and the provincial water resource management policy with regard to the interests of the surrounding districts/cities;
., b.   establish a water resource management pattern on a river region in a single district/kota;
., c. sets the water resource management plan on a river region in one county/city with regard to the interests of the surrounding districts/cities;
., d.   establish and manage a water source protected area on a river region in a single district/kota;
., e.   carrying out water resource management on a river region in a single county/city with regard to the interests of the surrounding districts/cities;
., f.   Set up, assign, and permit the provision, forage, use, and the company of groundwater in its territory as well as water resources on the river region in one district/kota;
., g.   forming a water resource board or by another name at the county/city level and/or on a river region in a single county/kota;
., h.   meets the daily minimum daily needs of water for the community in its territory; and
., i.   maintaining the effectiveness, efficiency, quality, and order of management of water resource management on a river region in one district/city.

Section 17
The authority and responsibility of the village government or the so-called other names include:
., a., a.   manage water resources in the areas of the village that are not yet exercised by the public and/or governance on it by considering general public expediency;
., b.   maintaining the effectiveness, efficiency, quality, and order of managing the management of the water resources that are its authority;
.,, c. meets the daily minimum needs of daily villagers over water according to the availability of existing water; and
., d.   Consider the importance of other villages in carrying out the management of water resources in its territory.

Section 18
Some of the Government's authority in the management of water resources as referred to in Article 14 can be held by local governments in accordance with the laws.

Section 19
.,, (1) In terms of the local government not being able to carry out the portion of its authority as referred to in Article 15 and Article 16, the local government may submit such authority to the government on it according to the regulations It's
.,, (2) the implementation of some water resource management authority by the local government as referred to in Article 15 and Section 16 is required to be taken by the government on it in terms of:
., a., a.   the local government does not carry out part of the water resource management authority so that it can harm the general interest; and/or
., b.   There is a dispute over a province or a county.

BAB III
WATER RESOURCE CONSERVATION

Section 20
.,, (1) The conservation of water resources is aimed at maintaining the survival of the supporting power, the tamping power, and the water resource function.
.,, (2) The conservation of water resources as referred to paragraph (1) is conducted through the protection and preservation activities of water sources, preservation of water, as well as the management of water quality and water pollution control by referring to patterns the management of water resources assigned to each river region.
.,, (3) The provisions of water resource conservation as referred to in verse (2) be one of the references in spatial planning.

Section 21
.,, (1) The protection and preservation of water resources is intended to protect and preserve the water source and its environment of its existence against damage or disruption caused by natural power, including drought and which is caused by Human actions.
.,, (2) The protection and preservation of the water source as referred to in paragraph (1) is conducted through:
., a., a.   the maintenance maintenance of water catchment functions and water capture areas;
., b.   water resource utilization;
.,, c. charging water on the water source;
., d.   the setting up of the infrastructure and the means of sanitation;
., e.   the protection of water sources in conjunction with the development activities and the use of land on water sources;
., f.   Land processing control in the upstream area;
., g.   the setting of the water resource border;
., h.   rehabilitation of forests and lands; and/or
., i.   The preservation of protected forests, the natural sanctuary, and the natural preservation area.
(3) The efforts of protection and preservation of water resources as referred to in verse (2) are made the basis e 77 of the paragraph (1) that is intended for the enterprise of the water resources organized by the cooperative, the state-owned enterprise/enterprise enterprise management agency of the water resource manager, Other business entities and individuals are covered by each one in question.
.,, (2) For the social services, welfare, and general safety, Government and local governments within certain limits may provide management assistance to the state-owned enterprise/venture governing body of the resource management area Water.

Section 80
.,, (1) Water resources users to meet the daily underlying needs and for the people ' s agriculture are unburdened the cost of the management services of the water resources.
.,, (2) water resource users other than as referred to in paragraph (1) bear the cost of the management of the water resources.
.,, (3) The determination of the magnitude of the cost of the management of water resources as referred to in verse (2) is based on rational economic calculations that can be accounted for.
.,, (4) The determination of the unit value of the cost of the management of water resources for any type of use of water resources is based on consideration of the economic capabilities of the user group and the volume of use of water resources.
.,, (5) The determination of the unit value of the cost of the management of water resources for the type of non-attempted use is excluded from rational economic calculation as referred to in paragraph (3).
.,, (6) Water resource management is entitled to the results of receiving funds collected from the users of the water resource management services as referred to in paragraph (2).
., (7) The funds levied from users of the water resources as referred to in verse (6) are used to support the continued management of water resources on the region of the river concerned.

Section 81
The provisions of financing the management of water resources as referred to in Article 77, Article 78, Article 79, and Article 80 are further regulated by government regulations.

BAB XI
THE RIGHT, OBLIGATION, AND THE ROLE OF SOCIETY

Section 82
In the implementation of water resource management, the public is entitled to:
., a., a.   obtaining information relating to the management of water resources;
., b.   obtaining a proper replacement for its loss as a result of the exercise of water resource management;
., c. obtain benefits for the management of water resources;
., d.   expressed reservations about the already announced water resource management plan in a given time frame in accordance with local conditions;
., e.   Submit reports and complaints to the authorities for damages related to the hosting of the water resource management; and/or
., f.   filed a lawsuit against the court against a variety of water resources issues that are detrimental to his life.

Section 83
In use of water rights, the community of water rights holders is obliged to pay attention to the general interest realized through its role in the conservation of water resources as well as protection and security of the water resource infrastructure.

Section 84
.,, (1) The public has the same opportunity to play a role in the planning process, execution, and oversight of the management of water resources.
., (2) The provisions of the role of society in the management of water resources as referred to in paragraph (1) are set further by government regulations.

BAB XII
COORDINATION

Section 85
.,, (1) The management of water resources covers the cross-sectoral and cross-region interests that require the regularity of the followup to maintain the survival and benefits of water and water resources.
.,, (2) The management of water resources as referred to in paragraph (1) is carried out through coordination by integrating the interests of various sectors, regions, and owners of interest in the field of water resources.

Section 86
.,, (1) The Coordination as referred to in Article 85 of the paragraph (2) is performed by a coordination container called the water resource council or by another name.
.,, (2) the coordination vessel as referred to in paragraph (1) has the principal task of compiling and formulating the policy as well as the management strategy of water resources.
., (3) the coordination vessel as referred to in paragraph (1) is composed of elements of government and non-government elements in a balanced amount on the basis of the principle of representation.
.,, (4) Susunan of the organization and the layout of the coordination container as referred to in paragraph (1) are set further by the president ' s decision.

Section 87
.,, (1) Coordination at the national level is performed by the National Water Resources Council created by the Government, and at the provincial level carried out by the coordination container with the name of the provincial water resource council or by another name was formed by the provincial government.
.,, (2) For the implementation of coordination on the county/city level can be formed coordination container with the name of the county/city water resource council or by any other name by the county/city government.
.,, (3) The coordination vessel on the river region can be formed according to the need for the management of water resources on the river region concerned.
.,, (4) The work relationship between national, provincial, county/city level coordination, and river areas is consultative and co-ordinative.
.,, (5) Guidelines on the formation of coordination containers on provincial, district/city level, and river areas are further regulated by the decision of the minister drugging the water resources.

BAB XIII
DISPUTE RESOLUTION

Section 88
.,, (1) The settlement of water resources disputes in the first stage is attempted based on the principle of deliberation for the mufakat.
.,, (2) In the event of a dispute settlement as referred to in paragraph (1) no agreement is obtained, the parties may pursue a settlement effort outside the court or through a court of law.
.,, (3) The attempted settlement of the dispute outside the court as referred to in paragraph (2) is conducted with arbitration or an alternative to the dispute settlement in accordance with the laws.

Section 89
Disputes about the authority of water resources management between the Government and local governments are resolved in accordance with the laws.

< into the responsibility of farmers, and can be assisted by the Government and/or local governments.
.,, (4) In the event of an urgent interest for the mutineers of water resources on the cross-province river region, cross-county/city traffic, and national strategic, financing of its management is set jointly by the Government and local governments are concerned through a pattern of cooperation.

Section 79
.,, (1) The financing of water resources management as referred to in Articlinal offence, as referred to in a paragraph (1) imposed against the entity, a convicted criminal is a criminal of a fine plus one third of the fines dropped.

BAB XVII
THE TRANSITION PROVISION

Section 97
Upon the expiration of this Act, all implementation regulations relating to the water resources are declared to remain in effect as long as not contradictory or unissued new implementation regulations under this law.

Section 98
The permissions relating to the management of the water resources that have been published before the enactment of this Act are stated to remain in effect until the expiring term is terminated.

BAB XVIII
CLOSING PROVISIONS

Section 99
By the time this Act came into force, Law No. 11 of 1974 on Waters (State Sheet of the Republic of Indonesia Year 1974 Number 65, Additional Gazette number 3046) was declared not valid.

Section 100
This law goes into effect on the promulgated date.

In order for everyone to know it, order the invitational of this legislation with its placement in the State Sheet of the Republic of Indonesia.

.,, Dislocated in Jakarta
on March 18, 2004
President of the Republic of Indonesia,

Megawati Soekarnoputri

Promulgated in Jakarta
on March 18, 2004
Secretary of State of the Republic of Indonesia,

Bambang Kesowo
BAB XV
INQUIRY

Section 93
.,, (1) In addition to the officials of the Indonesian National Police, civil servant officials whose scope of duty and responsibility in the field of water resources can be given special authority as an investigator as referred to in the Book of The Criminal Code Law Act.
.,, (2) Civil civil servant investigators as referred to in paragraph (1) authorized to:
., a., a.   Conduct an examination of the truth of the report or the description of the criminal conduct of the water resource;
., b.   conduct an examination of a person or body of enterprise suspected of committing a criminal offence of water resources;
., c. calling people to be heard and examined as a witness or a suspect in the case of a water resource felony;
., d.   conduct a water resource infrastructure check and stop the equipment allegedly used to commit a criminal offence;
., e.   sealing and/or confiscating activities used to commit criminal acts as a proof tool;
., f.   Ask for expert assistance in order to perform the task of the safety of the water resource;
., g.   create and sign event news and send it to the State Police investigator of the Republic of Indonesia; and/or
., h.   To stop the investigation if there is not enough evidence or the event is not a criminal offense.
.,, (3) Civil civil servant investigators as referred to in verse (2) notified the commencement of the investigation to the Indonesian State Police investigators.
.,, (4) Civil civil servant investigators as referred to in verse (2) convey the results of the investigation to the public prosecutor through the investigators of the State Police of the Republic of Indonesia, in accordance with the Book of Criminal Events Act.

BAB XVI
CRIMINAL PROVISIONS

Section 94
.,, (1) Criminal with maximum prison criminal 9 (nine) years and fine the most Rp1,500.000.00 (one billion five hundred million rupiah):
., a., a.   any person who intentionally performs activities that results in its water source and its infrastructure, interfering with the preservation effort, and/or resulting in the pollution of the water as referred to in Article 24; or
., b.   Any person who intentionally performs activities that can result in water damage is referred to in Article 52.
.,, (2) Decriminated with a prison criminal of the longest 6 (six) years and the most fine fine of Rp1,000.000.00 (one billion rupiah):
., a., a.   any person who intentionally does the use of water that results in loss of people or other parties and the damage to the source of the water resources as referred to in Article 32 of the paragraph (3); or
., b.   Any person who intentionally commits an activity that results in the destruction of the water resource is referred to in Article 64 of the paragraph (7).
.,, (3) Criminal with maximum prison criminal 3 (three) year and the most fine fine of Rp500.000.00 (five hundred million rupiah):
., a., a.   any person who has intentionally leased or transferred in part or all of the rights to the water as referred to in Article 7 of the paragraph (2);
., b.   any person who intentionally performs a water resource enterprise without the permission of the authorized party as referred to in Article 45 of the paragraph (3); or
., c. any person who intentionally performs the construction activities of the construction of a water resource not based on norms, standards, guidelines, and manues as referred to in Article 63 of the paragraph (2);
., d.   any person who intentionally performs the construction activities on a water source without obtaining permission from the Government or the local government as referred to in Article 63 of the paragraph (3).

Section 95
.,, (1) Decriminated with a prison criminal at most 18 (eighteen) months and a fine of most Rp300.000.00 (three hundred million rupiah):
., a., a.   any person who is due to his negligence resulting in the destruction of the water resources and his infrastructure, interfering with the preservation effort, and/or resulting in the water lover as referred to in Article 24; or
., b.   Any person who is due to his behavior is performing activities that can result in water disrepair as referred to in Article 52.
.,, (2) Criminal with the longest prison criminal 1 (one) year and the most fines of the Rp200.000.00 (two hundred million rupiah):
., a., a.   any person who is due to perform the use of water that results in the loss of the person or other party and the damage to the source function of the water as referred to in Article 32 of the paragraph (3); or;
., b.   Every person who is due to his negligence is doing what causes the damage to the water resources infrastructure as defined in Article 64 of the paragraph (7).
.,, (3) Criminal with the longest prison criminal 6 (six) months and fine the most Rp100.000.00 (hundred million rupiah):
., a., a.   any person who is due to perform a water resource enterprise without the permission of the authorized party is referred to in Article 45 of the paragraph (3);
., b.   any person who is due to perform the execution of a construction infrastructure that is not based on norms, standards, guidelines, and manues as referred to in Article 63 of the paragraph (2);
.,, c. any person who is due to his negligence doing the construction activities on a water source without permission as referred to in Article 63 of the verse (3).

Section 96.
.,, (1) In terms of the criminal conduct of the water resources as referred to in Article 94 and Section 95 is carried out by the business entity, the criminal is imposed against the body of the concerned entity.
(2) In the event of a crim